Terms and Conditions

Terms and Conditions of Unbound XR, located at:

Kerkenbos 1063F
6546 BB Nijmegen
Netherlands

Table of Contents

Article 1 - Definitions

In these conditions, the following terms are defined as:

  • Reflection period: the period during which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Business customer: the natural or legal person who places products and/or services on behalf of a company or organization;
  • Day: calendar day;
  • Duration transaction: a distance contract with regard to a series of products and/or services, the obligation to deliver and/or purchase of which is spread over time;
  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to use his right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance;
  • Distance contract: a contract whereby, in the context of a system for distance selling of products and/or services organized by the entrepreneur, the contract is concluded using one or more techniques for distance communication only;
  • Technique for distance communication: means that can be used for concluding a contract, without the customer and entrepreneur being together in the same room at the same time.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Unbound VR;
Trading under the name of Unbound XR
Kerkenbos 1063 M
6546 BB Nijmegen
Netherlands

Email address: service@unboundxr.com

Telephone number: +31 85 065 6144

Chamber of Commerce number: 74112406

VAT identification number: NL859776761B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
  • Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent to the consumer as soon as possible free of charge at his request.
  • If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the request of the consumer either electronically or in another way.
  • In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
  • If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these conditions remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the scope of the original as much as possible.
  • Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  • Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  • If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
  • The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  • All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  • Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
    • whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
    • the possible other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The agreement

  • The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
  • If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.As long as the acceptance agreement has not been confirmed by the company, the consumer can dissolve the contract.
  • If the agreement is established electronically, the company takes appropriate technical and organizational measures to secure the electronic transfer of data and provides a safe web environment. If the consumer can pay electronically, the company will take appropriate security measures.
  • Within legal limits, the company can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this research, the company has good reasons not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to the execution.
  • The company will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service to the consumer:
    • the visiting address of the company's establishment where the consumer can lodge complaints;
    • the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion from the right of withdrawal;
    • information about warranties and existing after-sales service;
    • the data included in article 4 paragraph 3 of these conditions, unless the company has already provided this data to the consumer before the execution of the agreement;
    • the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
  • In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  • Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

Upon delivery of products:

  • When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the company.
  • During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.
  • If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the company within 14 days after receipt of the product. The consumer must report this via the model form. After the consumer has expressed a wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of dispatch.
  • If the customer has not indicated that he wishes to make use of his right of withdrawal after the periods referred to in paragraphs 2 and 3, or has not returned the product to the company, the purchase is a fact.

Upon delivery of services:

  • Upon delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
  • In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the company in the offer and/or at the time of delivery.

Article 7 - Costs in case of withdrawal

  • If the consumer makes use of his right of withdrawal, at most the costs of return shipment are at his expense.
  • If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is on the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
  • In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  • The consumer cannot be held liable for any depreciation of the product if the company has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  • The company can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the company has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
  • Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the company in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can decay or age quickly;
    • whose price is tied to fluctuations in the financial market that the company has no influence over;
    • for single newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygienic products of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    • whose delivery has begun with the express consent of the consumer before the reflection period has expired;
    • concerning betting and lotteries.

Article 9 - The price

  • During the period of validity stated in the offer, the prices of the offered products and/or services are not increased, except for price changes as a result of changes in VAT rates.
  • Notwithstanding the previous paragraph, the company can offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, at variable prices. This attachment to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  • Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the contract are only allowed if the company has stipulated this and:
    • they are the result of legal regulations or provisions; or
    • the consumer has the power to cancel the contract as of the day the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the company is not obliged to deliver the product at the erroneous price.

Article 10 - Conformity and warranty

  • The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the company also guarantees that the product is suitable for other than normal use.
  • Any warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
  • Any deliveries with defects or incorrectly delivered products must be reported in writing to the trader within 7 days of delivery. Return of the products must take place in the original packaging and in new condition.
  • The trader's warranty period corresponds to the factory warranty period. However, the trader is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
  • For consumers, a statutory warranty period of 1 year applies after purchase of the product (within the EU). For business customers and/or orders, a statutory warranty period of 1 year applies.
  • The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are in conflict with the instructions of the trader and/or have been treated on the packaging;
    • the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
    • when a product (for example, via a second-hand platform such as marketplace) is resold by consumer.

Article 11 - Delivery and implementation.

  • The trader will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can not or only partially be executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the contract without costs. The consumer is not entitled to compensation.
  • All delivery times are indicative. The consumer cannot derive any rights from the periods mentioned. Exceeding a period does not give the consumer the right to compensation.
  • In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount that the customer has paid as soon as possible, but no later than within 14 days after dissolution.
  • If delivery of an ordered product proves to be impossible, the trader will strive to make a replacement item available. At the latest upon delivery, it will be clearly and understandably announced that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the trader.
  • The risk of damage and/or loss of products rests with the trader until the moment of delivery to the customer or a representative previously designated and made known to the trader, unless expressly agreed otherwise. As mentioned in Article 10, however, the customer must report within 7 days of receipt that the article has arrived defective.
  • In case of a missing package, it must be made known within 7 days that the package has not been received by the customer. These days start from the moment the package is sent from the seller (and the track and trace code is thereby active).

Article 12 - Duration transactions: duration, cancellation, and extension.

Cancellation.

  • The consumer can cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, observing the cancellation rules agreed upon and a notice period of at most one month.
  • The consumer can cancel an agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the certain duration, observing the cancellation rules agreed upon and a notice period of at most one month.
  • The consumer can cancel the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to cancellation at a certain time or during a certain period;
    • at least in the same way as they were entered into by him;
    • always cancel with the same notice period as the trader has stipulated for himself.

Extension.

  • An agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain duration.
  • Notwithstanding the previous paragraph, an agreement that has been entered into for a certain period and which extends to the regular delivery of daily, news, and weekly papers and magazines may be tacitly extended for a certain duration of a maximum of three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of at most one month.
  • An agreement that has been entered into for a certain period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
  • An agreement with a limited duration for the regular delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) will not be tacitly continued and automatically ends after the trial or introductory period.

Duration.

  • If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment.

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  • The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
  • In case of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer in advance.

Article 14 - Complaints procedure.

  • The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the implementation of the agreement must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
  • Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
  • In case of complaints, a consumer should first turn to the trader. If complaints cannot be resolved by mutual agreement, the consumer should turn to
  • If a solution cannot be reached through direct contact with Unbound XR, you may choose to involve Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will provide free mediation. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    If a complaint is deemed justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at their discretion.

Article 15 - Prohibition on Automated Data Collection (Scraping).

  • Users of the Unbound XR website are strictly prohibited from using automated means to collect, copy, or extract data from the website, including, but not limited to, the use of scrapers, bots, spiders, crawlers, and other similar technologies without prior written permission from Unbound XR.
  • Server load and performance damage: The use of such technologies can lead to excessive load on our servers, which negatively impacts the performance of the website and the experience of other users. This can directly result in revenue loss for Unbound XR due to reduced accessibility and functionality of our services.
  • Penalty and compensation for violation: In the event of a violation of this prohibition, Unbound XR will be entitled to impose a penalty of at least €5,000 per violation, without prejudice to our right to claim additional compensation if the actual damage turns out to be higher. This penalty is intended to cover the damage resulting from server load, revenue loss, and legal costs.
  • Enforcement and measures: Unbound XR reserves the right to immediately block access to the website and take legal action in the event of a violation of this article, including recovering damages and legal costs. Users who violate this article may also be prosecuted, depending on the severity of the violation and applicable law.
  • Termination of access: In case of a violation, Unbound XR may terminate the user's access to the website immediately without prior notice.

Article 16 - Disputes.

  • Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 17 - Additional or differing provisions.

Additional provisions or provisions differing from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable data carrier.