Terms & Conditions
Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS BY Victus Sports BV
Cattenhagestraat 21, 1411 CR, Naarden, The Netherlands
This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website https://www.victus.sport (“our website”) to you. Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content please contact Customer Service before placing an order. We have written these T&Cs with the consumer in mind and have tried to make them as easy to understand as possible. To further enhance your understanding of the terms we have listed some words that are widely used throughout the document.
Here’s the terminology:
• Contract - means any purchase of items from our site between us and you for which these T&Cs are used for.
• Conditions - means the standard T&Cs of the sale, including the Returns Policy and any special terms and conditions confirmed in writing by us.
• Goods - means the products or services which we have sold to you by our T&C’s
• We – means Victus Sports BV, and “us” and “our” shall hold the same meaning.
• Subscription – means a promise of payment for consecutive issues of a product over a specified period
Within these T&Cs we shall use headings to aid your understanding of the document.
About us
1. If you need to contact us, please contact our Customer Service by email at [email protected].
2. Any transaction you enter into with us through our website is entered into with Victus Group BV (Victus), our legal entity which owns the Victus brand, and owns and operates this website.
3. Our company address is:
Cattenhagestraat 21
1411 CR Naarden
The Netherlands
4. Our VAT number is NL 86 141 62 11 B01, and our company is registered with the Dutch Chamber of Commerce under the number 78475066.
About the use of this website and our communication
1. Accessing our website means that you automatically agree to our Terms and Conditions. If you do not agree with them then please do not use our website and leave it. Our website is provided to you for your personal use only.
2. If you choose to access this website from outside the Netherlands you are responsible for compliance with local laws if and to the extent local laws are applicable.
3. We have made every effort to display the products as accurately as possible but cannot guarantee that the product images you see displayed on your screen are an accurate representation of the actual merchandise due among other reasons to the technical difference in monitors or screens you may use.
4. By placing an order through our website, you confirm that you are legally capable of entering into binding contracts and that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.
5. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website.
6. We may provide links to other websites but if you follow these links you acknowledge and agree that we are not responsible for the availability or content or privacy practices of such external sites.
7. As part of our effort to make further improvements to the services we provide to our customers telephone calls with and by us may be recorded or monitored. We also may monitor incoming and outgoing emails.
8. Our employees and agents are not authorised to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.
9. All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.
Making a contract with us
1. When you place an order with us, you are making an offer to buy goods. After receipt of your order, we will send you an order acknowledgement email detailing the products and prices you ordered. If you do not receive such an email within 24 hours of placing your order please contact our Customer Services.
2. The order acknowledgement email is an acceptance of your order. Acceptance of your order and formation of the contract will only take place once we have confirmed your card authorisation for your order. This will be displayed on your screen at the time of payment confirmation.
3. You may order a product or submit subscription orders online at any time. Your submission of an order amounts to an offer to enter a contract to buy the products from us, and you cannot withdraw or cancel your subscription except as specifically stated in these Terms & Conditions.
4. Please make sure that your SPAM filter does not cause you not to get our messages.
5. When placing an order you have agreed that these Terms and Conditions apply to such order.
Trade Secret
As an organisation that values innovation and the protection of intellectual property, we would like to formally state that all our products are classified as trade secrets and are shielded under Dutch law and the BIOP (Benelux Office for Intellectual Property). Any attempt to copy, disclose, or share our products without prior written consent is considered a breach of our intellectual property rights and will be treated as an act of theft, leading to immediate legal action.
We would like to inform all our customers that the purchase of our products constitutes an agreement to respect our trade secrecy and intellectual property rights and that any violation of these rights will not be tolerated. We strongly urge all our customers to refrain from reproducing, reverse-engineering or distributing our products, in part or in full, without our express written consent.
In the event of any infringement or violation of our intellectual property rights, we reserve the right to pursue all legal remedies available under Dutch law, including but not limited to injunctive relief, monetary damages, and any other relief that may be appropriate under the circumstances.
We appreciate the cooperation of our customers in safeguarding our trade secrets and intellectual property rights, and we will continue to do everything within our power to protect our valuable assets.
Pricing policy
1. We take great care in providing you with the right product information and prices. In the unlikely case that an error in pricing appears in goods that you have ordered we will inform you as soon as possible.
2. Victus reserves the right to change the prices of products offered by its service form during the term of service, Victus will inform you of this 14 days in advance. You have the right to cancel your subscription within 10 days of receiving notice, and will not incur any charges for undelivered goods.
Promotional codes and discounts
1. Friends - Discount code is designed to acquire new paying customers (using personal social media, email, and word of mouth). Offering this outside of the personal channels (commercial channels) is not permitted under any circumstances. Discount codes may not be used for commercial purposes and/ or purposes other than this for which they are issued. It is forbidden in any event to use the Victus brand or all possible combinations of misspellings within URL combinations to attract traffic and thus deploy to friends – spreading code.
2. Promotional codes and gift cards have validity which is indicated by Victus. Discounts and deals are subject to availability.
3. Every attempted fraud or other illegal activity is recorded and leads to the use of ‘friends discount’ codes being denied. Victus Sports BV reserves the right to deduct the discount obtained and the accumulated credit retroactively.
Delivery
1. We send the goods that you have ordered through DHL or PostNL. The place of delivery is deemed to be the shipping/delivery address that you provide in your order.
2. The Buyer (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the goods are destined.
3. We aim to process your order within 24 hours and deliver items in stock within 3-5 working days to most Dutch mainland addresses.
4. If the goods are lost or damaged in transit, please let us know promptly so that we can claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see the Returns Policy for further details.
5. The consignee (i.s. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
Delivery charges
1. Promotional codes and gift cards have validity which is indicated by Victus. Discounts and deals are subject to availability.
2. We also offer international delivery to several countries. All orders for international delivery are subject to international terms and conditions. See the ‘delivery outside UK’ section.
Payment, Subscription and Consequences of Late Payments
1. We accept different payment options/providers, such as -but not limited to Visa, Mastercard, American Express, PayPal, Ideal and direct debit.
2. All credit card and debit card holders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
3. In case you have opted for a subscription, Victus will automatically renew your subscription on a monthly/bimonthly or quarterly basis, this will be the anniversary date of your initial subscription – as authorised by you during the subscription sign-up process.
4. Payment for each subscription period will be taken ahead of each service period.
5. In case of late payments, for example, because of insufficient funds in the account a charge for the amount of £1,- will be debited from your account to cover our extra costs. If payment after the first reminder is not made within the period prescribed therein, Victus reserve the right to terminate the service immediately, without prejudice to the right to compensation and the right to collect arrears and to recover the associated collection costs as well as to charge statutory interest.
Your account
1. If you use the Victus Sports BV, you are responsible for maintaining the confidentiality of your account and passwords, this includes restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
2. If you are under 18, you may use the Victus Sports BV site only with the involvement of a parent or guardian. Victus Sports BV reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
3. The customer is responsible for keeping up-to-date contact details including delivery address. If an order does not arrive because the contact information is not filled in correctly, Victus Sports BV will ship the order again within 3 days of receipt of the correct address and charge the extra delivery costs to the customer’s account.
Cancellation and Return Policy
1. This cancellation policy does not affect your rights when we are at fault – for example if goods are sent out in error, faulty or miss-described.
2. You have a legal right to cancel your contract up to 14 days after delivery. To do this please email us or write to us to discuss the matter further. In case of a subscription your cancellation needs to be received by us at least five (5) days before the next bill date to prevent being charged for another month / 2 months or quarter as applicable.
3. If in case of cancellation or agreed return, goods are failed to be returned to us, we will collect them, and we will charge you the direct cost of the collection.
4. Due to the hygienic nature of our product it must be returned in its original unopened packaging. If the security seal on the product is in any way broken or tampered with we will not refund the product.
Returns Process
1. Please contact us in case you would like to return goods and we will advise you what to do next.
2. Due to the hygienic nature of our product it must be returned in its original unopened packaging. If the security seal on the product is in any way broken or tampered with we will not refund the product.
3. We will refund you, in line with our returns policy, within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.
Returning your entire order
1. You have the right to return your entire order up to 14 days from receiving the products. Due to the hygienic nature of our product, it must be returned in its original unopened packaging. If the security seal on the product is in any way broken or tampered with we will not refund the product.
2. When returning your entire order you will receive a refund for the order you have returned within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.
3. Return postage costs, in this case, will be the responsibility of the customer.
Returning part of your order
1. You have the right to return part of your order up to 14 days from receiving the products. Due to the hygienic nature of our product, it must be returned in its original unopened packaging.
2. When returning part of your order you will receive a refund for the products you have returned to us along with your original shipping costs within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.
3. Return postage costs, in this case, will be the responsibility of the customer.
Returning Faulty or Wrong Goods
1. If you receive your goods and there is a problem please contact us to discuss the matter further.
2. If the goods are found to be faulty within a reasonable time frame of receiving the items then you may reject them and claim a full refund. If the fault is found later on, or if there is a delay in making a complaint, you will still be entitled to a replacement. If a replacement is not available, you may claim a part or full refund for the faulty goods.
3. Please Note: No claim for faulty goods can be made if any of the following applies – damage caused deliberately or negligence, improper use or careless maintenance, normal wear and tear, or damage caused by not following the care instructions correctly.
4. If the wrong item(s) have been sent to you, we will refund the amount you paid for your purchase, your original shipping costs and any costs incurred on your behalf for the return of the wrong item within 14 days of receiving the product in our office, or when proof of return is given, whichever is earliest.
5. Please see the return process for further details.
Complaints Procedure
1. We do our utmost to provide you with the best information, products and services possible. In the case you do have a complaint or other comment to make please contact us by telephone, email or post at the earliest possibility clearly explaining the feedback you have. We will do our best to reply within 2 working days.
Privacy, Security and Cookies Policy
1. For information please see our separate document on Data protection, Cookies, Privacy and Security.
Liability and Indemnity
1. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
2. Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the goods you purchased. Except as set out above and about our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
3. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
4. You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
5. Victus Sports BV will not be held responsible or liable for any accident or injury caused by any of our products.
Copyright
1. This website’s content (including text, design, layout, images, and videos) is protected by copyright and is the property of Victus Sports BV. Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.
Jurisdiction
1. These Terms & Conditions and all matters connected with any order you place on our website are governed by Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch courts about all matters connected with, or arising out of, the website or any order you place on the website.
2. All dealings between us in connection with our T&Cs and each purchase shall be carried on in the Dutch language.
3. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
General
1. These Terms apply to our information and offer to you, the agreement between us and any related communication. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders.
2. In the event of any of these Terms and Conditions is invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.
4. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us about the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
5. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us before such contract except as expressly stated in these terms and conditions.
6. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
Retour policy Victus Sports BV
Returns Process - summary
If you are not 100% satisfied with your products we offer you a 30-day return service, free of charge. However, all items must be returned to us in mint saleable condition. They must be returned unused and in their original, undamaged packaging.
Please contact our customer service before you return your products. They will be glad to further assist you.
We will reimburse the amount you paid for your purchase with us as soon as possible, within a maximum of 30 days after an assessment of the goods returned. The customer is responsible for shipping costs. Returns received outside the above time frame are not to be accepted.
Please send your returns to:
Victus Sports BV - Returns
Cattenhagestraat 21, 1411 CR, Naarden,
The Netherlands
When and if returning your products, please consider the following terms and conditions:
• We offer a 30-day return service.
• When we receive your package in good order, we will refund you within 30 days.
• We will only be able to accept returns on clothing when they have not been worn, soiled or washed. Underwear can only be returned in original packaging, as it is a hygiene product.
• We can process your returns and exchanges only when the order is returned to us in mint saleable condition, in original packaging and in a sturdy return box, faulty products are excluded. We reserve the right to refuse returns that show wear and tear or other damage inflicted by the customer.
• Exchanges to different sizes will be shipped by Victus free of cost.
• Damaged deliveries can be returned free of charge. Please contact customer service.
• We offer a 100-day warranty on clothing.
• The customer is responsible for shipping costs. Returns received outside the above time frame are not to be accepted.
• If the wrong product has been sent to you, we will refund the amount you paid for your purchase with us and any costs incurred on your behalf for the return of the wrong item shall also be refunded by us once we have received the goods from you within 30 days after purchase.
Naarden, Last updated: 01/01/2024