General Terms and Conditions
Tactive Sport B.V.
6 February 2023
Article 1 – Definitions
Tactive Sport: limited liability company Tactive Sport B.V. with its statutory seat in Amsterdam, registered with the Chamber of Commerce under no. 83296409.
The Consumer: the player which Tactive Sport has entered into an agreement with for the purposes of the services or products provided by Tactive Sport.
The Software: The software that Tactive Sport provides, licenses and updates for the purpose of the training of the player.
The Hardware: The devices provided by Tactive Sport for the purposes of the services of Tactive Sport and the use of the software licensed by Tactive Sport including but not limited to the VR headset.
Minutes: The right to a non-exclusive license to use the software of Tactive Sport expressed in minutes.
Right of Withdrawal: The Consumer's right to free himself from the contract concluded without giving any reason.
Cooling-off Period: The period after the agreement has been concluded in which The Consumer can invoke his Right of Withdrawal.
Model Form for Withdrawal: A standard withdrawal form provided by Tactive Sport which The Consumer can use to invoke his Right of Withdrawal.
Article 2 – Applicability
These general terms and conditions shall apply to all offers, quotations, assignments, work performed by, and agreements concluded with Tactive Sport.
Any possible deviation from any provision of these general terms and conditions must be agreed upon explicitly and in writing.
If the remote agreement is concluded electronically the text of these general terms and conditions may be made available to The Consumer electronically in such a way that it can be easily saved by the consumer on a durable data carrier. If this is not reasonably possible, Tactive Sport will, before the contract is concluded, indicate where the general terms and conditions can be inspected electronically and that they can be sent electronically or otherwise free of charge at The Consumer's request.
Article 3 – The Offer
The offer contains a complete and accurate description of the goods and/or services to be delivered by Tactive Sport. If Tactive Sport will make use of images these will be based on a true representation of the offered products and/or services.
Each offer will contain such information that all the rights and obligations deriving from acceptance thereof will be clear to The Consumer.
If an offer has a limited period of validity or is a subject to certain conditions, this will be explicitly stated in the offer.
The Consumer cannot derive any rights from obvious mistakes, errors or typos in the offer.
Article 4 – The Agreement
The agreement comes into effect when The Consumer has accepted the offer from Tactive Sport and all to this end set conditions are met.
If the offer has been accepted by The Consumer by electronic means, Tactive Sport will send an acknowledgement of receipt without delay.
In the case of a continuing performance transaction, the provision stated in the previous paragraph shall apply only to the first delivery.
Article 5 – The Right of Withdrawal and Cooling-off Period
The Consumer can dissolve an agreement regarding the purchase of a product during a Cooling-off Period of at least 14 days without stating the reasons. Tactive Sport may ask The Consumer to state the reasons of withdrawal but cannot force The Consumer to do so.
The Cooling-off Period as mentioned in the previous paragraph starts on the day after The Consumer, or a pre-designated representative by The Consumer made known to Tactive Sport, has received the product.
If Tactive Sport has not provided The Consumer with the information on the Right to Withdrawal or the Model Form for Withdrawal as required by law, the Cooling-off Period will end 12 months after the initial Cooling-off Period would have ended pursuant to paragraph 1 and 2.
If Tactive Sport provides The Consumer with the information on the Right to Withdrawal and the Model Form for Withdrawal as required by law after the agreement has come into effect, but within 12 months after the initial Cooling-off Period has started, the Cooling-off Period will end 14 days after the day The Consumer has received this information.
During the Cooling-off Period The Consumer will take care for a proper and careful handling of the product and its wrapping. The Consumer will only unpackage and use the product in a way that is necessary to assess the nature, characteristics and functioning of the product.
If Tactive Sport has provided The Consumer with the information on the Right to Withdrawal and the Model Form for Withdrawal as required by law, The Consumer will be liable for the depreciation in value of the product during the Cooling-off Period if this is a result of the product being handled in a way that exceeds the provisions of paragraph 5.
If The Consumer exercises his Right of Withdrawal any additional agreements will be terminated by operation of law.
Article 6 – Exercising the Right of Withdrawal
If The Consumer uses the Right of Withdrawal he shall inform Tactive Sport through the Model Form for Withdrawal, or in a different unambiguous way.
If The Consumer has informed Tactive Sport in accordance with the previous paragraph by electronic means, Tactive Sport will send an acknowledgement of receipt without delay.
Within 14 days after The Consumer has informed Tactive Sport about exercising the Right of Withdrawal The Consumer will return the supplied product to Tactive Sport.
Tactive Sport will reimburse any payment in relation to the returned product received from The Consumer within 14 days after The Consumer has informed Tactive Sport about exercising the Right of Withdrawal.
Tactive Sport will use the same method of payment for the reimbursement as The Consumer has used for the initial payment unless The Consumer agrees to the use of a different payment method. The reimbursement is free of charge for The Consumer.
The risk and the burden of proof of the timely and correct invocation of the right of withdrawal, lie with The Consumer.
Tactive Sport is not required to reimburse the supplementary costs of the initial delivery of the product, if The Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Tactive Sport.
If The Consumer wants to invoke his Right of Withdrawal, the costs of returning will be on account of The Consumer.
Article 8 – Price
All prices mentioned by Tactive Sport in an offer are definitive and including VAT. All prices and fees are to be referred to in the applicable price packages as shown on the website.
The price of an offer will not be increased by Tactive Sport during the period of validity, unless the increase is a result of a change in the rate of VAT.
An increase of price within 3 months after the conclusion of a continuing performance contract, including but not limited to the price per Minute, is only possible if this is a result of a statutory regulation or provision.
An increase of price at least 3 months after the conclusion of a continuing performance contract, including but not limited to the price per Minute, is only possible if:
- it has been stipulated and the increase is a result of a statutory regulation or provision, or
- it has been stipulated and The Consumer is entitled to cancel the agreement as of the moment the increase would apply.
Article 9 – Payments
The Consumer may never be made to pay an advance of more than 50% of the total price of the product(s) being sold by Tactive Sport.
Regarding The Hardware delivered to The Consumer by Tactive Sport and the pre-purchased Minutes to use the software of Tactive Sport, The Consumer is obliged to pay the amount due within 14 days after the Cooling-off Period has started by means of a payment method chosen by The Consumer.
Regarding the Minutes that exceed the amount of pre-purchased Minutes on The Consumer account provided by Tactive Sport, The Consumer will receive a digital invoice at the end of each month in respect of the payment due. The Consumer is obliged to pay the amount due within 14 days after receiving this invoice by authorized direct debit.
The Consumer is obliged to ensure that his selected payment method offers sufficient cover. The Consumer has a duty to inform Tactive Sport without delay about incorrectly provided or shown payment data.
Tactive Sport reserves the right to refuse a payment method chosen by The Consumer.
If The Consumer does not fulfil his payment obligations promptly and also fails to comply with a notice of default with a period 14 days, The Consumer will be liable to pay the statutory interest and the reasonable collection costs made by Tactive Sport.
Article 10 – Account and Individual Non-Exclusive Licensing Agreements
Software services by Tactive Sport are provided through The Consumer's account with Tactive Sport. By using this account, The Consumer can enter into a non-exclusive licensing agreement for a period of time in accordance with the amount of Minutes The Consumer uses the software.
The non-exclusive licensing agreement is concluded once The Consumer starts using the software offered by Tactive Sport through their account and will be terminated once The Consumer stops using the software.
The Consumer can terminate a continuing performance agreement with the purpose of regularly using the software of Tactive Sport at any time with a notice period of at least one calendar month.
The termination of a continuing performance agreement is at least possible in the same way as the agreement has been entered into.
If Tactive Sport has obtained a notice period of less than 1 month, this notice period will also apply if The Consumer wants to terminate the agreement.
Tactive Sport reserves the right to restrict the use of Tactive Sport's software c.q. (temporarily) deactivate The Consumer account if there is any reason to suspect an infringement of the terms and conditions and/or non-exclusive licensing agreement.
Article 11 – Delivery and Execution
Tactive Sport will carefully handle the receiving and fulfilling of orders of products and services.
The place of delivery is the address that has been made known to Tactive Sport by The Consumer.
If parties have not agreed on any delivery term, Tactive Sport will execute all accepted orders within 30 days after the agreement has been entered into.
If an order has been delayed, or cannot be (fully) executed, Tactive Sport will inform The Consumer within 30 days after the agreement has been entered into. In this case The Consumer has the right to terminate the agreement at no charge, Tactive Sport will reimburse any payment in relation to the order with no delay.
If any product is to be provided by Tactive Sport in performance of the agreement, Tactive Sport reserves the right to have this delivered by a third party.
Tactive Sport will bear the risk of damage and/or loss of products, unless explicitly agreed otherwise, until the time of delivery to The Consumer or a pre-designated representative by The Consumer made known to Tactive Sport.
Article 12 – Performance of the Agreement and Warranty
Tactive Sport provides a warranty that The Hardware complies with the agreement, specifications stated in the offer, the reasonable requirements of reliability and usability and the on the date of conclusion of the agreement existing statutory regulations and/or provisions. If this has not been agreed upon Tactive Sport does not provide a warranty that the product is suitable for other than normal use.
Tactive Sport executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Its services are subject to an obligation of effort, which means that Tactive Sport does not provide a warranty that ensures the success of its services nor the extent to which these services contribute to the goal set by The Consumer.
The Hardware products provided by Tactive Sport in performance of the agreement is subject to the Dutch statutory warranty period.
In case The Consumer cannot provide the means to run The Software, Tactive Sport is not to be held accountable for not providing The Software.
Article 13 – Complaints
The Consumer must examine a product or service provided by Tactive Sport as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what The Consumer could reasonably expect from the agreement, The Consumer can file a complaint by writing a notice of the shortcoming addressed to info@tactivesport.com.
Any complaints about the way in which the agreement is carried out must be made known to Tactive Sport within a reasonable time period after The Consumer has discovered the problems and should contain a clear and complete description. Notification within a period of two months after discovering the problems is considered to be within the reasonable time.
Complaints will be answered by Tactive Sport within a reasonable period.
The Consumer gives Tactive Sport at least 4 weeks to dissolve the complaint in consultation, after which the dispute resolution will apply.
Article 14 – Dispute Resolution
Dutch law is exclusively applicable to all agreements between The Consumer and Tactive Sport to which these terms and conditions apply.
The Consumer can submit a dispute to The European ODR platform (http://ec.europa.eu/consumers/odr/). Tactive Sport reserves the right to decide whether or not the dispute will eventually be handled by the ODR platform.
A dispute shall only be dealt with if The Consumer has first filed a complaint addressed to Tactive Sport within reasonable time as described in article 13. The dispute must be brought to the ODR platform or the civil court within 12 months after the complaint has been filed.
Article 15 – Intellectual Property Rights and Copyright
The intellectual property rights arising from development of the software and/or use of the software in performance of the agreement will remain reserved to Tactive Sport.
All documents developed by Tactive Sport are copyrighted by operation of law.
Article 16 – Data Processing
Tactive Sport is the controller for the processing of personal data of The Consumer. Tactive Sport shall ensure lawful processing of personal data in accordance with applicable Dutch privacy laws.
Further information regarding data processing can be found in the privacy statement on the website of Tactive Sport.
Article 17 – Force Majeure
Each party is not obliged to fulfil any obligation, including legal and/or agreed warranty obligation, if he is prevented from doing so as a result of force majeure. Force majeure on the part of Tactive Sport is understood to include:
- force majeure of suppliers of Tactive Sport
- defectiveness of goods, equipment, software or materials provided by third parties
- governmental measures
- electricity failures
- disruption of internet, data network or telecommunications facilities
- trade barriers
- states of emergency, including but not limited to war, terrorism or revolution
- natural disasters, including but not limited to floods and earthquakes
- an epidemic or a viral outbreak
If a situation of force majeure lasts for a period longer than sixty days, either party has the right to terminate the agreement in writing. What has already been performed, shall be settled pro rata.
Article 18 – Miscellaneous Provisions
Tactive Sport is entitled to revise these terms and conditions. Applicable at all times is the latest version of the terms and conditions, as available on Tactive Sport's website.
Amendments in these terms and conditions only take effect after they have been published in the appropriate manner. In the event of applicable amendments during the period of validity of an offer, the provision that is the most favorable for The Consumer will apply.
Additional or deviant conditions to these general terms and conditions cannot be detrimental to The Consumer and need to be set out in writing or in any other way which allows The Consumer to store them on a durable data carrier in an easily accessible way.