Terms and Conditions
GENERAL TERMS AND CONDITIONS ONLINE SALES (B2C)
Article 1: Definitions
Hen Sportsgear, established in Oud-Beijerland, Chamber of Commerce number 74896393, is referred to as the seller in these general terms and conditions.
The seller's counterparty is referred to as the buyer in these general terms and conditions.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3: Payment
The full purchase price is always paid immediately in the webshop.
If a payment is not successfully completed, no sales agreement will be concluded.
Article 4: Offers, quotations and price
VAT is due on the sales price. The applicable VAT is displayed during the checkout process in the webshop.
Article 5: Right of withdrawal
After receiving the order, the consumer has the right to dissolve the agreement within 30 days without stating reasons (right of withdrawal). The term starts to run from the moment that the (entire) order has been received by the consumer.
During the cooling-off 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 unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur which can be found on the seller's website. mention.
Costs for returning an order are for the account of the buyer. The risk of the (state of the) shipment also lies with the buyer.
Refund of the sales amount will only be made if the order has been received by the seller in its original condition without signs of use or defects. The seller reserves the right not to reimburse or to reimburse partially if the return shipment of the order is received (partially) damaged or incomplete.
If the return shipment is not or insufficiently stamped by the buyer, the shipping costs will be deducted by the seller from the purchase amount to be credited.
Article 6: Delivery and transfer of risk
As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 7: Delivery
Insofar as shipping costs are owed by the buyer, this will be visible in the webshop before placing the order.
The buyer is obliged to take delivery of the goods at the moment that the seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
A delivery term specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
Article 8: Force majeure
If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
By force majeure, the parties mean in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, worker lockout, changed government measures, transportation difficulties, and other disturbances in the seller's business.
Furthermore, the parties understand by force majeure the circumstance that supply companies on which the seller depends for the execution of the agreement, do not fulfill the contractual obligations towards the seller, unless the seller can be blamed for this.
If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller is unable to fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 9: Complaint obligation
The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
If a complaint is justified, the seller is obliged to repair the good and possibly replace it.
Article 10: Warranties
If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty is valid for a period of one calendar year after receipt of the sold item by the buyer.
The guarantee referred to is intended to bring about a distribution of risk between the seller and the buyer such that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never rely on a breach of a guarantee in respect of a breach of a guarantee. article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by conducting an investigation.
The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if - without permission - the buyer or third parties have made changes or have attempted to make changes or have used the purchased item for purposes for which it is not intended.
If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
Article 11: Applicable law and competent court
Dutch law is exclusively applicable to every agreement between the parties.
The Dutch court in the district where Studio Colori is located/has practice/offices has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
The applicability of the Vienna Sales Convention is excluded.
If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.
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Article 12: Liability
Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
The seller's liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.
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Article 13: Intellectual property
Hen Sportsgear retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of Hen Sportsgear.
Article 14: Amendment of general terms and conditions
Hen Sportsgear is entitled to change or supplement these general terms and conditions
Minor changes can be made at any time.
Hen Sportsgear will discuss major substantive changes with the customer as much as possible in advance