MarathonBoard Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1. MarathonBoard: The MarathonBoard Company, part of JPR Enterprises
2. Buyer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with MarathonBoard.
3. Distance contract: an agreement concluded between MarathonBoard and the Consumer within the framework of a system organised by MarathonBoard for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
4. Right of withdrawal: the option for the Buyer to cancel the distance contract within the cooling-off period.
5. Durable medium: any instrument which enables the Buyer or MarathonBoard to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Article 2 – MarathonBoard Data

Name of the entrepreneur: Joris Reehoorn

Trading under the name: MarathonBoard
Address: Rijksstraatweg 533-3, 2025DE Haarlem

Chamber of Commerce number: 74604503
VAT identification number: NL002381915B32
Email address: info@jprenterprises.nl

Article 3 – Applicability

1. These general terms and conditions apply to every offer from MarathonBoard and to every distance contract concluded between MarathonBoard and the Buyer. MarathonBoard expressly excludes the applicability of the Buyer's terms and conditions (including delivery terms), unless expressly agreed otherwise in writing.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, the Buyer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at MarathonBoard and will be sent free of charge to the Buyer as soon as possible upon request.
3. Additions to or deviations from these terms and conditions are only valid if MarathonBoard has expressly accepted them in writing. The remaining provisions of these terms and conditions remain in full force in such a situation.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Buyer to properly assess the offer. If MarathonBoard uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on MarathonBoard.
3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time the Buyer accepts the offer and complies with the conditions set therein.
2. If the Buyer has accepted the offer electronically, MarathonBoard will immediately confirm receipt of acceptance of the offer electronically.
3. If the agreement is concluded electronically, MarathonBoard will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Buyer can pay electronically, MarathonBoard will implement appropriate security measures.
4. MarathonBoard may, within legal limits, investigate the Buyer's ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, MarathonBoard has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
5. MarathonBoard will include the following information with the product or service to the Buyer, in writing or in such a way that the Buyer can store it in an accessible manner on a durable data carrier:
• a) the visiting address of the MarathonBoard branch where the Buyer can submit complaints;
• b) the conditions under which and the manner in which the Buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• c) information about existing after-sales service and guarantees;
• d) the price inclusive of all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.
6. If MarathonBoard has committed to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal upon delivery of products

1. When purchasing MarathonBoard products, the Buyer has 30 days to cancel the purchase agreement.
2. If the product is received damaged, the buyer has the option to cancel the agreement within 14 days. This period begins after the buyer receives the product.
3. During the cooling-off period, the Buyer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the Buyer may only handle and inspect the product as they would be allowed to do in a store.
4. The Buyer shall not be liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
5. If the Buyer exercises his right of withdrawal, he shall notify MarathonBoard of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
6. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Buyer shall return the product or hand it over to MarathonBoard. The Buyer shall have complied with the return period if they return the product before the cooling-off period has expired.
7. The Buyer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by MarathonBoard.
8. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
9. The Buyer shall bear the direct costs of returning the product, unless MarathonBoard has not stated that the Buyer shall bear these costs or if MarathonBoard indicates that it will bear the costs itself.
10. If the Buyer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

Article 7 – Costs in case of revocation

1. If the Buyer exercises his right of withdrawal, the direct costs of return will be borne by him unless the product was delivered damaged.
2. MarathonBoard will reimburse all payments made by the Buyer, including any delivery costs charged by MarathonBoard for the returned product, without delay, but within 14 days of the day on which the Buyer notifies them of the withdrawal. Unless MarathonBoard offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Buyer proves that they have returned the product, whichever is earlier.
3. MarathonBoard will use the same payment method the Buyer used for the refund, unless the Buyer agrees to a different method. The refund is free of charge for the Buyer.
4. If the Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, MarathonBoard is not obliged to reimburse the additional costs for the more expensive method.

Article 8 – Exclusion of the right of withdrawal

1. If the Buyer does not have a right of withdrawal, this will be excluded by MarathonBoard if MarathonBoard has stated this in the offer, at least in good time before the conclusion of the agreement.
2. The right of withdrawal never applies to products:
• a) which have been created by MarathonBoard in accordance with Buyer's specifications;
• b) which are clearly personal in nature;
• c) which cannot be returned by their nature.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates or other government levies.
2. By way of exception to the previous paragraph, MarathonBoard may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which MarathonBoard has no influence.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if MarathonBoard: a) they are the result of legal regulations or provisions; or b) the Buyer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT, unless stated otherwise.

Article 10 – Conformity

1. MarathonBoard warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. The buyer accepts that MarathonBoard's production method may change the properties of the supplied image(s), such as color, contrast, brightness, sharpness, and graphical representation.
2. The buyer declares that he/she is familiar with the production process for manufacturing the product and is independently responsible for supplying sufficient and correct quality of the required documents, including the image and/or photo to be used.

Article 11 – Intellectual property rights

1. MarathonBoard's execution of the assignment may involve the reproduction and/or publication of third-party works as defined in the Copyright Act or any other work protected by intellectual property rights. Publication, reproduction, and/or use of such works (e.g., photographs, paintings, drawings, and logos) by the Buyer may only occur with the permission of the copyright holder.
2. The Buyer warrants that (i) they are authorized to instruct MarathonBoard to use an image, photo, drawing, or logo in the production and delivery process and (ii) that no third-party rights are infringed. The Buyer indemnifies MarathonBoard against all possible third-party claims relating to any (intellectual property) rights relating to products ordered by the Buyer.
3. The intellectual property rights relating to the data displayed on the MarathonBoard website, including texts, photographs, illustrations, graphics, (trade) names, word marks, and logos, belong to MarathonBoard. These intellectual property rights are not transferred in any way to persons who access and/or use the MarathonBoard website.
4. The content of the MarathonBoard website may only be used for non-commercial, private purposes. Users are not permitted to reproduce, forward, distribute, or make the content of the site available to third parties for a fee without the prior written consent of MarathonBoard.
5. If the Buyer publishes and/or reproduces an image, the copyright of which belongs to MarathonBoard, without MarathonBoard's permission, the Buyer is obligated to pay an immediately payable contractual penalty of 300% of the original sales price. MarathonBoard also reserves the right to claim full compensation in legal proceedings.

Article 12 – Delivery and execution

1. MarathonBoard will take the utmost care when receiving and executing orders for products.
2. If MarathonBoard is unable to deliver in accordance with the agreement due to force majeure, MarathonBoard will inform the Buyer as soon as possible, without being liable for any compensation.
3. In the event of force majeure, MarathonBoard may, after consultation with the Buyer, terminate the agreement or suspend delivery until the force majeure situation ceases to exist.
4. Any failure by MarathonBoard to comply with the agreement with the Buyer cannot be attributed to MarathonBoard if it is not attributable to its fault, nor is it attributable to it under the law, the agreement or generally accepted views.
5. The delivery address is the address the Buyer has provided to MarathonBoard. MarathonBoard is not liable for any damages the Buyer may suffer as a result of MarathonBoard's failure to deliver on time.
6. The risk of damage and/or loss of products remains with MarathonBoard until delivery to the Buyer, unless expressly agreed otherwise. If the product is damaged during transport, MarathonBoard's liability is limited to the amount reimbursed by the carrier and/or their insurer.

Article 13 – Payment

1. Unless otherwise specified in the agreement or additional terms, amounts owed by the Buyer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of concluding the agreement. In the case of an agreement to provide a service, this period commences on the day after the Buyer receives confirmation of the agreement.
2. MarathonBoard offers the option to pay in advance via iDEAL. The Buyer must pay at least 50% of the amount due in advance. If advance payment has been agreed upon or the consumer agrees to full payment in advance, the Buyer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
3. The Buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to MarathonBoard.
4. If the Buyer fails to meet their payment obligation(s) on time, and after MarathonBoard has notified the Buyer of the late payment and has granted the Buyer 14 days to meet their payment obligations, if payment is not made within this 14-day period, the Buyer will owe statutory interest on the outstanding amount, and MarathonBoard will be entitled to charge the Buyer for any extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40.

Article 14 – Warranty

1. MarathonBoard does not guarantee that the delivered product will be resistant to exposure to UV radiation and other environmental factors.
2. If the product exhibits a design, material, or manufacturing defect, the Buyer is entitled to repair or replacement. The Buyer is only entitled to replacement if repair of the product is not possible.
3. No warranty applies to damage caused by incorrect use or application of the supplied products.
4. The proof of purchase (order confirmation after payment) serves as proof of warranty. 5. If repair or replacement is impossible, MarathonBoard reserves the right to terminate the agreement and fully credit the Buyer.

Article 15 – Complaints procedure

1. Complaints regarding the performance of the agreement must be submitted to MarathonBoard within a reasonable time, fully and clearly described, after the Buyer has discovered the defects.
2. Complaints submitted to MarathonBoard will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, MarathonBoard will respond within 14 days with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed response.

Article 16 – Liability

1. MarathonBoard is not liable for any damage of any nature whatsoever arising from MarathonBoard's reliance on incorrect information provided by the Buyer, unless MarathonBoard was aware of the inaccuracy of this information.
2. MarathonBoard is not liable for any damage of any kind that arises from improper use of the products after delivery.
3. MarathonBoard is not liable for any damage of any kind arising from the Buyer's use of the product, unless such damage is due to intent or gross negligence on the part of MarathonBoard.
4. If MarathonBoard is liable for damages to the Buyer as a result of a failure to perform this agreement, MarathonBoard's liability will be limited to a maximum of the purchase price.

Article 17 – Applicable law and competent court

1. All possible disputes arising from and/or relating to these general terms and conditions are exclusively governed by Dutch law.
2. Any disputes will be submitted exclusively to the competent court of the District Court of Haarlem unless MarathonBoard chooses to bring a case before the competent court of the Buyer's place of residence or another court competent under the law.