Terms and Conditions

Definitions

  1. Supplementary agreement: an agreement in which a consumer
    obtains products, digital content and/or services via a distance
    contract, and WeARRRpirate.com or third party delivers these products,
    digital content and/or services in accordance with an agreement
    between the third party and WeARRRpirate.com;
  2. Withdrawal period: the period within which a consumer can make
    use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for
    objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Extended duration transaction: a distance contract relating to a
    series of products and/or services, whereby the obligation to supply
    and/or purchase is spread over a period of time;
  7. Durable medium: every means – including emails – that enables a
    consumer or WeARRRpirate.com to store information that is addressed to
    him in person in a way that facilitates its future use or consultation
    during a period that is in keeping with the objective for which the
    information is intended, and which facilitates the unaltered
    reproduction of the stored information;
  8. Right of withdrawal: the possibility for a consumer to waive a
    distance contract within the withdrawal period;
  9. WeARRRpirate.com: WeARRRpirate.com, established in Portugal.
  10. Distance contract: a contract concluded between WeARRRpirate.com and
    a consumer within the framework of system organized for the distance
    sale of products, digital content and/or services, whereby sole or partly
    use is made of one or more techniques for distance communication up
    to and including the moment that the contract is concluded;
  11. Model form for right or withdrawal: the European model form for
    right of withdrawal that is included in Appendix I of these terms and
    conditions. WeARRRpirate.com is not obliged to provide Appendix I if the
    consumer has no right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used
    for communication regarding the offer made by WeARRRpirate.com and
    concluding a contract, without the necessity of consumer and Vigor
    Lifestyle being in the same place at the same time.
    Article 1 – Identity of the trader
    WeARRRpirate.com
    info@wearrrpirate.com
    Article 2 – Applicability
  13. These general terms and conditions apply to every offer made by WeArrrpirate.com and to every distance contract that has been realized between
    WeARRRpirate.com and a consumer.
  14. Prior to the conclusion of a distance contract, the text of these general
    terms and conditions will be made available to the consumer. If this is
    not reasonably possible, WeARRRpirate.com will indicate, before the
    distance contract is concluded, in what way the general terms and
    conditions are available for inspection at WeARRRpirate.com’s premises and
    that they will be sent free of charge to consumer, as quickly as possible,
    at the consumer’s request.
  15. If the distance contract is concluded electronically, then, contrary to the
    previous paragraph, and before the distance contract is concluded, the
    consumer will be provided with the text of these general terms and
    conditions electronically, in such a way that the consumer can easily
    store them on a durable data carrier. If this is not reasonably possible,
    then before concluding the distance contract, WeARRRpirate.com will
    indicate where the general terms and conditions can be inspected
    electronically and that at his request they will be sent to the consumer
    free of charge, either electronically or in some other way.
  16. In cases where specific product or service-related terms and conditions
    apply in addition to these general terms and conditions, the second and
    third paragraphs apply by analogy and the consumer can always invoke
    the applicable condition that is most favourable to him in the event of
    incompatible general terms and conditions.
    Article 3 – The Offer
  17. If an offer is subject to a limited period of validity or is made subject to
    conditions, this will be explicitly mentioned in the offer.
  18. The offer contains a complete and accurate description of the products,
    digital content and/or services being offered. The description is
    sufficiently detailed to enable the consumer to make a proper
    assessment of the offer. If WeARRRpirate.com makes use of illustrations,
    these will be a true representation of the products and/or services being
    offered. WeARRRpirate.com is not bound by obvious errors or mistakes in
    the offer.
  19. Every offer contains information that makes it clear to the consumer
    what rights and obligations are related to the acceptance of the offer.
    Article 4 – The Contract
  20. The contract will be concluded, subject to that which is stipulated in
    paragraph 4, at the moment at which the consumer accepts the offer
    and the conditions thereby stipulated have been fulfilled.
  21. If the consumer has accepted the offer electronically, WeARRRpirate.com
    will immediately confirm receipt of acceptance of the offer
    electronically. The consumer can dissolve the contract as long as this
    acceptance has not been confirmed by WeARRRpirate.com.
  22. If the contract is concluded electronically, WeARRRpirate.com will take
    suitable technical and organizational measures to secure the electronic
    transfer of data and he will ensure safe web environment. If the
    consumer is able to pay electronically, WeARRRpirate.com will take suitable
    security measures.
  23. WeARRRpirate.com may obtain information – within statutory frameworks
    – about the consumer’s ability to fulfil his payment obligations, as well
    as about facts and factors that are important for the responsible
    conclusion of the distance contract. If that research gives Vigor
    Lifestyle proper grounds for declining to conclude the contract, then he
    has a right, supported by reasons, to reject an order or application or to
    bind its implementation to special conditions.
  24. WeARRRpirate.com will send to a consumer, at the latest when delivering a
    product, service or digital content, the following information, in
    writing, or in such a way that the consumer can store it on an accessible
    durable medium:
    a. the office address of the WeARRRpirate.com business location
    where the consumer can lodge complaints;
    b. the conditions under which the consumer can make use
    of the right of withdrawal and the method for doing so,
    or a clear statement relating to preclusion from the right
    of withdrawal;
    c. information on guarantees and existing after-sales
    service;
    d. the price, including all taxes on the product, service or
    digital content; the costs of delivery insofar as
    applicable, and the method of payment, delivery or
    implementing the distance contract;
    e. the requirements for terminating the contract, if the
    duration of the contract exceeds one year or if it is
    indefinite;
    f. if the consumer has a right of withdrawal, the model
    form for right of withdrawal.
  25. In case of an extended duration contract, the stipulation in the previous
    paragraph applies only to the first delivery.
    Article 5 – Right of withdrawal
  26. When purchasing products, a consumer has the right to dissolve a
    contract, without giving reasons, during a period of at least 14 days.
    WeARRRpirate.com is allowed to ask a consumer for the reason of this
    dissolution, but the consumer is under no obligation to state his/her
    reason(s).
  27. The period stipulated in paragraph 1 commences on the day after the
    product was received by the consumer, or a third party designated by
    the consumer, who is not the transporting party, or:
    a. if the consumer has ordered several products: the day on
    which the consumer, or a third party designated by the
    consumer, received the last product. WeARRRpirate.com may
    refuse a single order for several products with different
    delivery dates, provided he clearly informed the
    consumer of this prior to the ordering process.
    b. if the delivery of a product involves different deliveries
    or parts: the day on which the consumer, or a third party
    designated by the consumer, received the last delivery or
    the last part;
    c. with contracts for the regular delivery of products
    during a given period: the day on which the consumer,
    or a third party designated by the consumer, received
    the last product.
  28. A consumer has the right to dissolve a contract, without giving reasons,
    for the supply of digital content that is not supplied on a material
    medium during a period of at least fourteen days. WeARRRpirate.com is
    allowed to ask a consumer for the reason of this dissolution, but the
    consumer is under no obligation to state his/her reason(s).
  29. The period stipulated in paragraph 3 commences on the day after the
    contract was concluded.
  30. If WeARRRpirate.com did not provide the consumer with the statutorily
    obligatory information about the right of withdrawal or if the model
    form was not provided, the withdrawal period ends twelve months after
    the end of the originally stipulated withdrawal period based on the
    previous paragraphs of this article.
  31. If WeARRRpirate.com provided the consumer with the information referred
    to in the previous paragraph within twelve months of the commencing
    date of the original withdrawal period, the withdrawal period shall end
    14 days after the day on which the consumer received the information.
    Article 6 – Consumer’s obligations during the withdrawal period
  32. During the withdrawal period, the consumer shall treat the product and
    its packaging with care. He shall only unpack or use the product in as
    far as necessary in order to assess the nature, characteristics and
    efficacy of the product. The point of departure here is that the
    consumer may only handle and inspect the product in the same way
    that he would be allowed in a shop.
  33. The consumer is only liable for the product’s devaluation that is a
    consequence of his handling the product other than as permitted in
    paragraph 1.
  34. The consumer is only liable for the product’s devaluation that is a
    consequence of his handling the product other than as permitted in
    paragraph 1.
    Article 7 – Consumers who exercise their right of withdrawal and the costs
    involved
  35. A consumer who wants to exercise his right of withdrawal shall report
    this to the WeARRRpirate.com, within the withdrawal period, by means of
    the model form for right of withdrawal or in some other unequivocal
    way.
  36. As quickly as possible, but no later than 14 days after the day of
    reporting as referred to in para. 1, the consumer shall return the
    product, or hand it over to (a representative of) the WeARRRpirate.com. This
    is not necessary if Vigor Lifestye has offered to collect the product
    himself. The consumer will in any case have complied with the time for
    returning goods if he sends the product back before the withdrawal
    period has lapsed.
  37. The consumer returns the product with all relevant accessories, if
    reasonably possible in the original state and packaging, and in
    accordance with the reasonable and clear instructions provided by
    WeARRRpirate.com.
  38. The risk and the burden of proof for exercising the right of withdrawal
    correctly and in time rest upon the consumer.
  39. The consumer bears the direct costs of returning the product. If the
    WeARRRpirate.com has not declared that the consumer shall bear these costs
    or if the WeARRRpirate.com indicates a willingness to bear these costs
    himself, then the consumer shall not be liable to bear the costs of
    returning goods.
  40. If the consumer exercises his right of withdrawal, after first explicitly
    having asked that the service provided or the delivery of gas, water or
    electricity not prepared for sale shall be implemented in a limited
    volume or a given quantity during the period of withdrawal, the
    consumer shall owe the WeARRRpirate.com a sum of money that is
    equivalent to that proportion of the contract that the WeARRRpirate.com has
    fulfilled at the moment of withdrawal, in comparison with fulfilling the
    contract entirely.
  41. The consumer shall bear no costs for implementing services or the
    supply of water, gas or electricity not prepared for sale – in a limited
    volume or quantity – or for delivering city central heating, if:
    a. WeARRRpirate.com did not provide the consumer with the
    statutorily obligatory information about the right of
    withdrawal, the costs payable in the event of withdrawal
    or the model form for right of withdrawal, or:
    b. the consumer did not explicitly ask about the
    commencement of implementing the service or the
    delivery of gas, water, electricity or city central heating
    during the period of withdrawal.
  42. The consumer shall bear no costs for the entire or partial supply of
    digital content that is not supplied on a material medium, if:
    a. prior to delivery, he did not explicitly agree to
    commencing fulfilment of the contract before the end of
    the period of withdrawal;
    b. he did not acknowledge having lost his right of
    withdrawal upon granting his permission; or
    c. WeARRRpirate.com neglected to confirm this statement made
    by the consumer.
  43. If a consumer exercises his right of withdrawal, all supplementary
    agreements are legally dissolved.
    Article 8 – WeARRRpirate.com’s obligations in a case of withdrawal
  44. If WeARRRpirate.com makes it possible for a consumer to declare his
    withdrawal via electronic means, then after receiving such a
    declaration, he sends immediate confirmation of receipt.
  45. WeARRRpirate.com reimburses the consumer immediately with all
    payments, including any delivery costs WeARRRpirate.com charged for the
    returned product, though at the latest within 14 days after the day on
    which the consumer reported the withdrawal. Except in cases in which
    WeARRRpirate.com has offered to retrieve the product himself, he can
    postpone refunding until he has received the product or until the
    consumer proves he has returned the product, depending on which
    occurs earlier.
  46. For any reimbursement, WeARRRpirate.com will use the same payment
    method that was initially used by the consumer, unless the consumer
    agrees to another method. Remboursement is free of charge for the
    consumer.
  47. If the consumer chose an expensive method of delivery in preference to
    the cheapest standard delivery, the WeARRRpirate.com does not have to
    refund the additional costs of the more expensive method.
    Article 9 – Precluding the right of withdrawal
    WeARRRpirate.com can preclude the right of withdrawal for the following products and
    services, but only if WeARRRpirate.com stated this clearly when making the offer, or at least
    in good time prior to conclusion of the contract:
  48. Products or services whose prices are subject to fluctuations on the
    financial market over which WeARRRpirate.com has no influence and which
    can occur within the period of withdrawal;
  49. Contracts concluded during a public auction. A public auction is
    defined as a sales method whereby WeARRRpirate.com offers products,
    digital content and/or services at an auction, under the directions of an
    auctioneer, and whereby the successful purchaser is obliged to
    purchase the products, digital content and/or services;
  50. Service contracts, after full completion of the service, but only if
    a. implementation started with the explicit prior
    agreement of the consumer; and
    b. the consumer declared having lost his right or
    withdrawal as soon as WeARRRpirate.com had completed the
    contract in full;
  51. Package travels, package holidays and package tours as referred to in
    article 7:500 BW and contracts on passenger transport;
  52. Service contracts providing access to accommodation, if the contract
    already stipulates a certain date or period of implementation and other
    than for the purpose of accommodation, the transport of goods, car
    rental services and catering;
  53. Contracts relating to leisure activities, if the contract already stipulates
    a certain date or period of implementation;
  54. Products manufactured according to the consumer’s specifications,
    which were not prefabricated and were made based on a consumer’s
    specific choice or decision, or which are clearly intended for a specific
    person;
  55. Products subject to rapid decay or with a limited shelf-life;
  56. Sealed products that, for reasons relating to the protection of health or
    hygiene, are unsuited to returning and whose seal was broken
    subsequent to delivery;
  57. .Products that, due to their nature, have been irretrievably mixed with
    other products;
  58. Alcoholic drinks whose price was agreed when concluding the contract,
    but the delivery of which can only take place after 30 days, and the
    actual value of which depends on market fluctuations over which Vigor
    Lifestyle has no influence;
  59. Sealed audio/video-recordings and computer apparatus whose seal was
    broken after delivery;
  60. The delivery of digital content other than on a material medium, but
    only if:
    a. the delivery commenced with the consumer’s explicit
    prior agreement, and
    b. .the consumer declared that this implied his having lost
    his right of withdrawal.
    Article 10 – The Price
  61. During the period of validity indicated in the offer, the prices of the
    products and/or services being offered will not be increased, except for
    price changes in VAT-tariffs.
  62. Contrary to the previous paragraph, WeARRRpirate.com may offer products
    or services at variable prices, in cases where these prices are subject to
    fluctuations in the financial market over which WeARRRpirate.com has no
    influence. The offer must refer to this link with fluctuations and the fact
    that any prices mentioned are recommended prices.
  63. Price increases within 3 months after the contract was concluded are
    only permitted if they are the result of statutory regulations or
    stipulations.
  64. Price increases more than 3 months after the contract was concluded
    are only permitted if WeARRRpirate.com stipulated as much and:
    a. they are the result of statutory regulations or
    stipulations; or
    b. the consumer is authorized to terminate the contract on
    the day on which the price increase takes effect.
  65. Prices stated in offers of products or services include VAT.
    Article 11 – Contract fulfilment and extra guarantee
  66. WeARRRpirate.com guarantees that the products and/or services fulfil the
    contract, the specifications stated in the offer, the reasonable
    requirements of reliability and/or serviceability and the statutory
    stipulations and/or government regulations that existed on the date
    that the contract was concluded. If agreed WeARRRpirate.com also
    guarantees that the product is suited for other than normal designation.
  67. An extra guarantee arrangement offered WeARRRpirate.com, manufacturer
    or importer can never affect the statutory rights and claims that a
    consumer can enforce against WeARRRpirate.com on the grounds of the
    contract if WeARRRpirate.com failed to fulfil his part in the contract.
  68. An extra guarantee is defined as every commitment of WeARRRpirate.com,
    his supplier, importer or manufacturer that grants a consumer rights or
    claims, in excess of those provided by law, for the event that he fails to
    fulfil his part in the contract.
    Article 12 – Supply and implementation
  69. WeARRRpirate.com will take the greatest possible care when receiving and
    implementing orders for products and when assessing applications for
    the provision of services.
  70. The place of delivery is deemed to be the address that the consumer
    makes known to the company.
  71. Taking into consideration that which is stated in article 3 of these
    general terms and conditions, the company will implement accepted
    orders with efficient expedition, though at the latest within 30 days,
    unless a different period of delivery has been agreed. If delivery suffers
    a delay, or if the delivery cannot be implemented, or only partially, the
    consumer will be informed about this at the latest 30 days after the
    order was placed. In this case, the consumer has a right to dissolve the
    contract free of charge and a right to possible damages.
  72. Following dissolution in accordance with the previous paragraph, Vigor
    Lifestyle refunds the consumer immediately the sum he had paid.
  73. The risk of damage and/or loss of products rests upon WeARRRpirate.com
    up to the moment of delivery to the consumer or a representative
    previous designated by the consumer and announced to WeARRRpirate.com,
    unless this has explicitly been agreed otherwise.
    Article 13 – Extended duration transactions: duration, termination and
    prolongation
  74. The consumer has a right at all times to terminate an open-ended
    contract that was concluded for the regular supply of products
    (including electricity) or services, subject to the agreed termination
    rules and a period of notice that does not exceed one month.
  75. The consumer has a right at all times to terminate a fixed-term contract
    that was concluded for the regular supply of products (including
    electricity) or services at the end of the fixed-term, subject to the agreed
    termination rules and a period of notice that does not exceed one
    month.
  76. With respect to contracts as described in the first two paragraphs, the
    consumer can:
    a. terminate them at all times and not be limited to
    termination at a specific time or during a specific period;
    b. terminate them in the same way as that in which they
    were concluded;
    c. always terminate them subject to the same period of
    notice as that stipulated for WeARRRpirate.com.
  77. A fixed-term contract that was concluded for the regular supply of
    products (including electricity) or services may not be automatically
    prolonged or renewed for a fixed period of time.
  78. In departure from that which is stated in the previous paragraph, a
    fixed-term contract that has been concluded for the regular supply of
    daily or weekly newspapers or magazines may be automatically
    prolonged for a fixed term that does not exceed three months, if the
    consumer is at liberty to terminate this prolonged contract towards the
    end of the prolongation, with a period of notice that does not exceed
    one month.
  79. A fixed-term contract that has been concluded for the regular supply of
    products or services may only be automatically prolonged for an
    indefinite period of time if the consumer has at all times the right to
    terminate, with a period of notice that does not exceed one month and,
    in the case of a contract to supply daily or weekly newspapers or
    magazines regularly but less than once per month, a period that does
    not exceed three months.
  80. A fixed term contract for the regular supply, by way of introduction, of
    daily or weekly newspapers and magazines (trial subscriptions or
    introductory subscriptions) will not be automatically prolonged and
    will automatically terminate at the end of the trial period or
    introductory period.
    Article 14 – Payment
  81. As far as no other date is stipulated in the contract or supplementary
    conditions, sums payable by the consumer should be paid within 14
    days after commencement of the withdrawal period, or in the absence
    of a withdrawal period within 14 days after the conclusion of the
    contract. In the case of a contract to provide a service, this 14-day
    period starts on the day after the consumer received confirmation of the
    contract.
  82. When selling products to consumers, the general terms and conditions
    may never stipulate an advance payment in excess of 50%. Where
    advance payment is stipulated, the consumer cannot invoke any rights
    whatsoever in relation to the implementation of the order or service(s)
    in question before the stipulated advance payment has been made.
  83. The consumer is obliged to report immediately to WeARRRpirate.com any
    inaccuracies in payment data provided or stated.
  84. If a consumer fails to fulfil his payment obligation(s) in good time, after
    WeARRRpirate.com has informed the consumer about the late payment, the
    consumer is allowed 14 days in which to fulfil the obligation to pay; if
    payment is not made within this 14-day period, statutory interest will
    be payable over the sum owed and WeARRRpirate.com has the right to
    charge reasonable extrajudicial costs of collection he has incurred.
    These costs of collection amount to, at the most: 15% of unpaid sums
    up to €2,500; 10% over the next €2,500; and 5% over the next €5,000,
    with a minimum of €40. WeARRRpirate.com can make departures from
    these sums and percentages that are favourable to the consumer.
    Article 15 – Complaints procedure
  85. WeARRRpirate.com provides for a complaints procedure, that has been given
    sufficient publicity, and will deal with a complaint in accordance with
    this complaints procedure.
  86. A consumer who has discovered shortcomings in the implementation of
    a contract must submit any complaints to WeARRRpirate.com without delay,
    in full and with clear descriptions.
  87. A reply to complaints submitted to WeARRRpirate.com will be provided
    within a period of 14 days, calculated from the date of receipt. If it is
    anticipated that a complaint will require a longer processing time, then
    WeARRRpirate.com will reply within 14 days, confirming receipt and
    indicating when the consumer can expect a more elaborate reply.
  88. The consumer should give WeARRRpirate.com a time period of at least 4
    weeks to solve the complaint in joint consultation. After this period of
    time, the complaint becomes a dispute that is subject to the disputes
    settlement scheme.
    Article 17 – Disputes
  89. Contracts entered into between WeARRRpirate.com and a consumer and
    which are subject to these general terms and conditions are subject only
    to Dutch law.
  90. Disputes between a consumer and WeARRRpirate.com over the conclusion
    or exercising of contracts relating to products and services to be
    supplied by WeARRRpirate.com can be put before the Disputes Committee
    by either the consumer or WeARRRpirate.com, with due observance of that
    which is stipulated below.
  91. The Disputes Committee will only deal with a dispute if the consumer
    first put his complaint, without delay, to the WeARRRpirate.com.
  92. If the complaint does not lead to a solution, the dispute should be
    submitted to the Disputes Committee no later than 12 months after the
    consumer submitted the complaint to WeARRRpirate.com.
  93. If a consumer wants to put a dispute before the Disputes Committee
    WeARRRpirate.com is bound by that choice. Preferably, the consumer
    notifies WeARRRpirate.com first.
  94. If WeARRRpirate.com wishes to put a dispute before the Disputes
    Committee, then the consumer will indicate, in response to a written
    request made by WeARRRpirate.com, whether he is in contract, or prefers
    the dispute to be dealt with by the competent law-court. If the
    consumer does not indicate his choice to WeARRRpirate.com within a period
    of five weeks, WeARRRpirate.com has a right to put the dispute before the
    competent law-court.
  95. Rulings of the Disputes Committee are subject to the conditions as
    stipulated in the regulations of the Disputes Committee. Decisions of
    the Disputes Committee take the form of binding advice.
  96. The Disputes Committee will not deal with a dispute – or will terminate
    their intervention – if the WeARRRpirate.com has been granted a suspension
    of payments, gone bankrupt or has actually terminated business
    activities before the committee dealt with the dispute during a session
    and rendered a final ruling.
  97. If, alongside the Disputes Committee, there is another competent
    disputes committee that is recognized or one that is affiliated with the
    Disputes Committee Foundation for Consumer Affairs (SGC) or the
    Complaints Institute Financial Services (Kifid), the Disputes
    Committee shall preferably have jurisdiction for disputes that relate
    principally to the sales method or to providing services long-distance.
    For all other disputes, this this will be the other disputes committee
    that is recognized by the SGC or affiliated with the Kifid.
    Article 18 – Additional or different stipulations
  98. Additional stipulations or stipulations that differ from these general
    terms and conditions, may not be detrimental to the consumer and
    should be recorded in writing, or in such a way that consumers can
    store them in a readily accessible manner on a durable medium.
    Article 19 – Amendment to the general terms and conditions of Vigor
    Lifestyle
  99. Amendments to these terms and conditions will only come into effect
    after they have been published in the appropriate way, on the
    understanding that where amendments apply during the validity of an
    offer, the stipulation that is most favourable to the consumer will
    prevail.