General Terms
General Terms and Conditions Sportimex Benelux B.V.
Article 1 - Definitions
Article 2 – Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The purchase agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the seller in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compiance and extra warranty
Article 13 - Delivery and fulfillment
Article 14 - Continual transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaint procedure
Article 17 - Disputes
Article 18 - Changes and additions to the general terms and conditions
Supplementary provisions Sportimex
Artikel 19 – Intellectual property rights
Artikel 20 – Disclaimer for products and/or advice
Artikel 21 – Disclaimer for information and/or recommendations
Artikel 22 – Disclaimer for warranties
Artikel 23 - No consent
Artikel 24 – Invalid if prohibited
Artikel 25 – Code of conduct
Artikel 26 – Indemnity
Artikel 27 - Purchases
Artikel 28 – Letters, questions, comments and reviews
Artikel 29 – Use of passwords
Artikel 30 - Amendments
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1.1 "Purchase agreement": an agreement concluded between the seller and the consumer within the framework of an organized system for distance selling of products and the supply of the products goods by the seller or by a third party on the basis of an agreement between that third party and the seller;
1.2 "Consumer”: the natural person who does not act in the exercie of trade, business, craft or profession;
1.3 "Seller”: the natural or legal person who offers the products to the consumer remotely;
1.4 “Continual Transaction”: an agreement that extends to the regular delivery of goods and/or services during a certain period; 1.5 "Durable medium": any resource - including email - that allows the consumer or seller to store information addressed to him personally in a way that future consultation or use for a period of time is aligned with the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
1.6 “Technology for remote communication”: resource that can be used to conclude an agreement, without the consumer and seller having to meet simultaneously in the same space;
1.7 "Cooling-off period": the period within which the consumer can exercise his right of withdrawal;
1.8 "Day": calendar day;
1.9 "Right of withdrawal": the possibility for the consumer to withdraw from the purchase agreement within the cooling-off period;
1.10 "Model Withdrawal Form": The European Model Withdrawal Form included in Appendix 1 of these conditions;
Article 2 – Identity of the seller
Sportimex Benelux B.V.
trading under the name of:
Sportimex.
Establishment and visiting adress:
Hoge Bergen 9
4704 RH Roosendaal
The Netherlands
Availability:
Monday to friday from 9 AM to 5 PM.
Phone number: +31 85 330 1040
E-mail address: shop@sportimex.com
Chamber of Commerce number: 20082598
VAT identification number: NL805139412B01
Article 3 - Applicibility
3.1 These general terms and conditions apply to every offer from the seller and to every agreement concluded with the consumer.
3.2 Before the agreement is concluded with the consumer, the text of these general terms and conditions and any specific product terms and conditions will be made available to the consumer. If this is not reasonably possible before the agreement is concluded, the seller will indicate how the general terms and conditions can be accessed at the seller and that they will be sent free of charge at the request of the consumer.
3.3 If the agreement is concluded electronically, in derogation from the previous paragraph and before the agreement is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
3.4 In the event that, in addition to the general terms and conditions, the specific product or service conditions also apply, the second and third paragraphs apply accordingly, and if the conditions are conflicting, the consumer can always invoke the most favorable provision that applies to him.
Article 4 - The offer
4.1 If an offer has only a limited period of validity or is available under certain conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the seller uses images, they are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the seller.
4.3 Every offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The purchase agreement
5.1 The purchase agreement is concluded at the time of acceptance by the consumer of the offer and meeting the associated conditions.
5.2 If the consumer has accepted the offer electronically, the seller will immediately send receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the consumer is able to dissolve the purchase agreement.
5.3 If the purchase agreement is concluded electronically, the seller will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe internet environment. If the consumer can pay electronically, the seller will observe appropriate security measures.
5.4 The seller can, within the legal frameworks, inform himself 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, on the basis of this investigation, the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with a statement of reasons, or to attach special conditions to the execution.
5.5 Apart from his other statutory information obligations, the seller 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, at the latest upon delivery of the product to the consumer:
a) the visiting address of the establishment of the seller where the consumer can file complaints;
b) the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification if the consumer is excluded from the right of withdrawal;
c) information about guarantees and existing after-sales service;
d) the price including all taxes of the product, the costs of delivery, and the method of payment, delivery or execution of the agreement;
e) if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 - Right of withdrawal
6.1 The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 30 days without giving any reason. The seller may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
6.2 The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a) if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The seller may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time;
b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
Article 7 - Obligations of the consumer during the cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer may only use and inspect the product as he would be allowed to do in a store.
7.2 The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
7.3 The consumer is not liable for any depreciation of the product if the seller has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Artikel 8 - Exercise of the right of withdrawal by the consumer and associated costs
8.1 If the consumer makes use of his right of withdrawal, he will report this to the seller within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the seller. This is not necessary if the seller has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct costs of returning the product. If the seller has not reported that the consumer must bear these costs or if the seller indicates to bear the costs himself, the consumer does not have to bear the costs for return.
8.6 If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.
Artikel 9 - Obligations of the seller in case of withdrawal
9.1 If the seller makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receiving the notification.
9.2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the seller for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal. Unless the sellers offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
9.3 The seller uses the same payment method for repayment as the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the seller does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The seller can exclude the following products from the right of withdrawal, but only if the seller has clearly stated this in the offer, at least in time before the conclusion of the purchase agreement:
- Products or services whose price is subject to fluctuations in the financial market upon which the seller has no influence and which can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method whereby products and/or services are offered by the seller to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- execution has begun with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the seller has fully executed the agreement;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Agreements related to leisure activities, if the agreement provides for a specific date or period of implementation;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products;
- Alcoholic drinks, the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
- Newspapers, journals or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- execution has begun with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal.
Article 11 - The price
11.1 During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
11.2 Contrary to the previous paragraph, the seller can offer products with variable prices where those prices are subject to fluctuations in the financial market and on which the seller has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
11.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the seller has stipulated this and:
- these are the result of statutory regulations or provisions;
- or the consumer has the authority to cancel the agreement having effect from the day on which the price increase takes effect.
11.5 The prices stated in the range of products include VAT.
Article 12 - Compliance and extra warrenty
12.1 The seller guarantees that the products meet the agreement, 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 purchase agreement. If agreed, the seller also guarantees that the product is suitable for other than normal use.
12.2 An additional guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the seller under the agreement whenever the seller has failed to fulfill his part of the agreement.
12.3 The seller provides a warranty period of 1 year for all products offered, with the exception of ice hockey sticks, to protect the consumer against manufacturing defects. In contrast, ice hockey sticks have a shorter 30-day warranty period to protect consumers from manufacturing defects. This additional warranty on the products only applies to manufacturing defects and the seller does not grant a warranty on fracture damage. The additional warranty does not cover damage and/or defects due to manipulation, external damage or incorrect use. The additional warranty provided by the seller to the consumer expires when the products are damaged by sabotage, external damage, incorrect use or other behavior that cannot reasonably be justified for the warranty.
12.4 An extra guarantee is to be understood as meaning: any obligation of the seller, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 - Delivery and fulfillment
13.1 The seller will take the greatest possible care when receiving and fulfilling orders for products.
13.2 The place of delivery is the address that the consumer has made known to the seller.
13.3 Having regard to what is stated in article 4 of the general terms and conditions, the seller will execute accepted orders expeditiously, but at the latest within 30 days, unless another delivery term has been agreed upon. If delivery is delayed, or if an order cannot or only in part be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the purchase agreement at no cost and with the right to any necessary compensation.
13.4 After dissolution in accordance with the previous paragraph, the seller will immediately refund the amount that the consumer has paid.
13.5 The risk of damage and/or loss of products rests with the seller until the moment of delivery to the consumer or a pre-designated and announced representative to the seller, unless expressly agreed otherwise.
Article 14 – Continual transactions: duration, cancellation and extension
Cancellation:
14.1 The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
14.2 The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
14.3 The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to cancellation at a specific time or in a specific period;
- at least in the same way as they have been entered into by him;
- always with the same notice period as the seller has stipulated for himself.
Extension:
14.4 An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
14.5 An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended implicitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month.
Duration:
14.6 If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
15.1 Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer to the seller must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
15.2 When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the specific order of service(s), after the stipulated prepayment has been made.
15.3 The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the selller.
15.4 If the consumer does not meet his payment obligation(s) in time, after he has been informed by the seller of the late payment and the seller has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount still owed and the seller is entitled to charge the extrajudicial collection costs incurred by him. 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. The seller can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Compliant procedure
16.1 Complaints on the fulfillment of the agreement must be submitted fully and clearly described to the seller within 7 days after the consumer has discovered the defects by emailing: shop@sportimex.com.
16.2 Complaints submitted to the seller will be answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
16.3 A complaint about a product or the service of the seller can also be submitted through a complaint form on the ODR platform of the European Commission website https://ec.europa.eu/consumers/odr. The complaint will then also be sent to the seller.
16.4 The consumer must in any case give the seller 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to dispute settlement.
Article 17 - Disputes
17.1 Dutch law is exclusively applicable to agreements between the seller and the consumer to which the general terms and conditions apply.
17.2 If the complaint cannot be resolved by mutual agreement, the Dutch court in Zeeland-West Brabant, or the competent court of the district where the consumer lives, is competent to take notice of the dispute.
Article 18 - Changes and additions to the general terms and conditions
18.1 Changes to these general terms and conditions are only effective after they have been published in an appropriate manner and in case of applicable changes during the time of an offer the most favorable provision for the consumer will prevail.
18.2 Additional or deviating provisions 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 manner on a durable medium.
Article 19 – Intellectual property rights
The website and everything on the website, including but not limited to images, texts, photos, designs, icons and illustrations, with the exception of everything that is already protected under an existing copyright or other intellectual property right, is the property of the seller and/or its owners or (business) partners. Prior written permission from the seller is required for the reproduction, publication, changes to, uploading, (by post) sending, distribution or any other form that makes the above mentioned public. The trademarks and logos used and depicted on the website are trademarks of the seller and others. Nothing on this site can be viewed or interpreted as permission, implied or otherwise, as license or right to use any trademark of or displayed on this site without the prior written permission of the owner of that trademark. Consumers may only view and/or download the material from this site for personal, non-commercial private use. The seller will use all legal options to protect his intellectual property rights. All rights not explicitly granted to third parties in these conditions are expressly reserved to the entrepreneur.
Article 20 – Disclaimer for products and/or advise
The website does not provide medical advice and does not attempt to diagnose or treat medical problems or medical conditions. If the consumer has a medical problem, he should make an appointment with a doctor or a medical expert. All products should be used as indicated in the product descriptions on this website. The consumer should stop using a product if it causes irritation (redness, itching, burning, scaling, pain, or other symptoms). If the consumer is dissatisfied with a product, please let us know as soon as possible. The information provided by this website or the seller does not replace a personal consultation by a medical expert or doctor and should not be interpreted as individual medical advice.
Article 21 – Disclaimer for information and/or recommendations
The information and recommendations presented on the website only reflect the opinion, ideas and knowledge of the author on the subject and products mentioned. Some consumers may use a product that is not recommended or even not listed on this site, or may be very satisfied with a product that the seller has advised against. Everyone has the right to judge products according to his or her personal criteria and to disagree with the author.
Article 22 – Disclaimer for warranties
In addition to the provisions of Article 10, the content of the website is provided "as is" and does not provide any warranty, express or implied. The products sold through this website are sold "as is" and without any warranty, express or implied, other than as provided in Article 10 (1). Warranties are excluded in accordance with and in the broadest sense of the law. The seller does not guarantee and declares that the content of the site, whether it is written by the seller or third parties, is accurate or reliable, or that the site is free from errors or viruses, or that access to and use of the site will not be interrupted and is safe at all times. The consumer is aware that warranties that are given on products of a third party that may be described on the site (for example in the context of assessments of third-party products) are only made by that party and not by the seller. By using the site, the consumer acknowledges that he does this at his own risk. The seller is not liable for direct, indirect, incidental or any other form or type of damage, including all forms of consequential damage, regardless of whether a claim for compensation is based on an agreement, tort or any other basis for liability whatsoever, with regard to the website, to its content or to the products described or sold on it, even if the seller has been informed of the possibility of such damage. An exception to the foregoing is damage that is the direct result of intent or gross negligence on the part of the entrepreneur. The seller's liability is in all cases limited to the amount that the user has paid for the relevant purchase of products sold on the website.
Article 23 – No consent
In certain cases, the opinions of consumers of the website are displayed on the site. It cannot be inferred from the mere fact that these opinions are displayed on the site that the seller agrees with or endorses such opinions.
Artikel 24 – Invalid if prohibitted
Although the website is accessible worldwide, not all products described or sold on it are available to everyone or in all geographic areas or jurisdictions. The seller only offers products and only sells them to residents of the European Union and only sends packages to addresses within the European Union. The seller reserves the right, for any reason, to limit the availability of the site and/or the supply of a product and/or the quantity thereof, to any person, geographic area or jurisdiction. Any offer for any product made on this site will not apply if prohibited by law. The use of this site is not permitted in any jurisdiction where (1) the entire scope of these terms and conditions is not valid or (2) the site or part thereof is in violation of any legal provision applicable there.
Article 25 – Code of conduct
The consumer agrees:
- not to restrict or prohibit other consumers from using this website and its services;
- not to transmit any illegal, fraudulent, threatening, offensive, defamatory, obscene or otherwise offensive or harmful information or material, or information or material that incites or encourages criminal behavior or that could give rise to liability or otherwise violate any legal provision;
- not to transfer information or software that contains a virus, worm, Trojan horse or any other harmful or disruptive component;
- not to transfer material that violates the intellectual property rights of a third party;
- not to use this site for commercial or illegal purposes;
- not change, edit, resell, translate, sell, reverse engineer, disassemble, or reassemble anything on this site.
Article 26 – Indemnity
The consumer agrees to indemnify and hold harmless the seller for and against claims, damages and costs (including all reasonable costs of legal assistance incurred in an arbitration, lawsuit or appeal) that, directly or indirectly, are the result of a breach of any provision of the general terms and conditions by the consumer (including a violation of the Code of Conduct) and/or are the result of other activities that the consumer undertakes or has undertaken, relating to the website or the products that it contains that are discussed, offered or sold. This section will survive any termination, for any reason, of any agreement to which the general terms and contitions apply and upon termination of use of this site.
Article 27 – Purchases
If the consumer wishes to purchase products offered on the website, the consumer may be requested to provide certain information, including but not limited to credit card details or other payment information. Such information will be treated confidentially by the seller. The consumer guarantees that all information he provides is accurate, complete and current. The consumer agrees to pay all costs incurred by users of his account, credit card or other payment methods, and that the consumer pays the prices applicable at the time of accepting the offer. The consumer is also responsible for paying any taxes and levies (other than VAT) that apply to his purchase. The prices on the website are in Euros and include VAT.
Article 28 – Letters, questions, comments and reviews
The consumer acknowledges and agrees that by asking the seller to send comments, and/ or product reviews (of the seller his products or products of other brands), in writing or by email, he gives irrevocable permission to, free of charge, use, display, reproduce, publish, broadcast, modify, adapt, distribute, translate and transmit (as a whole or a part thereof) and/or to publish them anywhere, without exception as part of other work, in any form, through any medium or technology currently known or developed herein, for the entire term of any existing copyright in the material. In addition, the consumer guarantees that, by sending material to the seller, he is authorized and entitled to grant and transfer such rights and that the material that the consumer sends does not violate any rights of any third party, including but not limited to, copyright, trademark or any other intellectual property right or any right to privacy and privacy protection.
Article 29 – Use of passwords
Use of any password-protected part of the site is reserved solely to the person who has the permission and the password to log in to such part of the site (the "Authorized Party"). The password is not transferable and the Authorized Party is responsible for any damage, of any kind, that the trader could suffer as a result of (whether or not intentionally) distributing or making available his or her password.
Article 30 – Amendments
The seller has the right at any time (1) to change these terms and conditions and (2) to change the website, including removing or ending any content or aspect of the site, adjusting the hours that the website is available, limiting how often it may be used. These general terms and conditions can be adjusted at any time by the seller by making the amended conditions known on the site. Continued use of the site after the seller makes these changes public means that the consumer agrees to those changes.
Download here the Model form for right of withdrawal