General Terms & Conditions Sportsview BV

General Terms & Conditions Sportsview BV

 

Contents

Article 1 - Definitions

Article 2 - Identity of the merchant

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Continuing performance contracts: term, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

In these conditions, the terms listed below have the following meaning:

 

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and a distance contract with the merchant.
  3. Day: a calendar day.
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.
  5. Durable data carrier any means that enables the consumer or merchant to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  7. Model form: the model withdrawal form that the merchant makes available to a consumer who can complete it when he wishes to exercise his right of withdrawal.
  8. Merchant: the natural or legal person who offers the distance selling of products and/or services to consumers.
  9. Distance contract: an contract under which, within the framework of a system organised by the merchant for the distance selling of products and/or services, up to and including the conclusion of the contract, use is exclusively made of one or more means of distance communication.
  10. Means of distance communication: means that can be used for concluding a contract, without the consumer and merchant simultaneously being together in the same space.
  11. General terms & conditions: these general terms & conditions of the merchant.

 

Article 2 - Identity of the merchant

Sportsview BV

Veemarktkade 8, 5222AE ‘s-Hertogenbosch

Phone number: 073-6123320 between 09:00 and 17:00 hours

Email address: info@sportsview.nl

Chamber of Commerce number: 71012877

 

Article 3 - Applicability

  1. These general terms & conditions apply to every offer of the merchant and to every distance contract and orders made between the merchant and the consumer.
  2. The text of these general terms & conditions is made available to the consumer before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms & conditions can be viewed at the merchant and they will, at the consumer's request, be sent to the consumer as soon as possible free of charge.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms & conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms & conditions can be read electronically and that they will, at the consumer's request, be sent to the consumer electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general terms & conditions, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms & conditions.
  5. If one or more provisions in these general terms & conditions are at any time wholly or partially null and void or are nullified, the contract and these conditions will otherwise remain in force and the provision concerned will be replaced immediately by a provision that approximates the purport of the original as much as possible.
  6. Situations not regulated in these general terms & conditions should be assessed 'in the spirit' of these general terms & conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms & conditions.

 

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 is without obligation. The merchant is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the merchant.
  4. All images, specifications and data in the offer are indicative and may not give rise to compensation or termination of the contract.
  5. Images accompanying products are a true representation of the products offered. The merchant cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the contract will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the contract;
    • the period for acceptance of the offer, or the period within which the merchant guarantees the price;
    • the amount of the fee for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic fee for the means of communication used;
    • Whether the contract is archived after conclusion, and if so how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check and if desired restore the data provided by him within the framework of the contract;
    • any other languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the merchant has submitted itself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in case of a continuing performance contract.

 

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions thereby set.
  2. If the consumer has accepted the offer electronically, the merchant shall immediately by electronic means confirm receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the merchant, the consumer can terminate the contract.
  3. If the contract is concluded electronically, the merchant shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the merchant shall observe appropriate security measures.
  4. The merchant can - within legal frameworks - ascertain 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 merchant has good reasons not to enter into the contract, it is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The merchant shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the office address of the merchant where the consumer can lodge complaints;
  7. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information on guarantees and existing after-sales service;
  9. the information set out in Article 4, paragraph 3 of these conditions, unless the merchant has already provided this information to the consumer before the performance of the contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  11. In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
  12. Each contract is entered into under the conditions precedent of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

On the delivery of products:

  1. When purchasing products, the consumer has the option during 14 days to terminate the contract without giving reasons. This cooling-off period commences on the day after receipt of the product by the consumer or a representative pre-designated by the consumer and announced to the merchant.
  2. The consumer shall handle the product and its packaging with care during the cooling-off period. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, the consumer shall return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the merchant, in accordance with the reasonable and clear instructions provided by the merchant.
  3. If the consumer wishes to exercise his right of withdrawal, he shall inform the merchant thereof within 14 days after receipt of the product. The consumer shall make this known by means of the model form. After the consumer has made known to want to exercise his right of withdrawal, the customer shall return the product within 14 days. The consumer shall prove that the delivered goods are returned on time, for example by means of proof of shipment.
  4. If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the merchant, the purchase is a fact.
  5. In order to exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the merchant at the time of the offer and/or at the latest at the time of delivery.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the merchant shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop or conclusive proof of complete return can be submitted. Repayment shall be made via the same payment method used by the consumer unless the consumer expressly grants his permission for another payment method.
  3. In case of damage to the product by careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product if the merchant has not provided all legally required information about the right of withdrawal, this shall be done before the conclusion of the purchase contract.

 

Article 8 - Exclusion of the right of withdrawal

  1. The merchant may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the merchant has clearly stated this in the offer, at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. which have been created by the merchant in accordance with the consumer's specifications;
  4. which are clearly personal in nature;
  5. which by their nature cannot be returned;
  6. which can deteriorate or age quickly;
  7. whose price is subject to fluctuations in the financial market outside the control of the merchant;
  8. for single newspapers and magazines;
  9. for audio and video recordings and computer software where the consumer has broken the seal.
  10. for hygienic products for which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  13. of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
  14. concerning bets and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. By way of derogation from the previous paragraph, the merchant may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the merchant has no control. These fluctuations and the fact that any prices quoted are recommended prices shall be stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the merchant has stipulated this and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the merchant is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and guarantee

  1. The merchant guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the merchant, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the merchant under the contract.
  3. Any defects or incorrectly delivered products shall be reported to the merchant in writing within 4 weeks of delivery. The products shall be returned in their original packaging and in a new condition.
  4. The warranty term of the merchant corresponds to the manufacturer's warranty term. However, the merchant is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
  • the products delivered are exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of the merchant and/or stated on the packaging;
  • the defect is wholly or partly the result of regulations issued or to be issued by the government with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  1. The merchant shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the merchant.
  3. With due observance of paragraph 4 of this article, the merchant shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer shall be informed thereof within 30 days after placing the order. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a period gives the consumer no right to compensation.
  5. In case of termination under paragraph 3 of this article, the merchant shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the merchant shall endeavour to make a replacement article available. At the latest at the time of delivery, a clear and comprehensible notice shall be given that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the merchant.
  7. Unless explicitly agreed otherwise, the risk of damage and/or loss of products rests with the merchant until the moment of delivery to the consumer or a representative designated in advance and notified to the merchant.

 

Article 12 - Continuing performance contracts: term, termination and extension

Termination

  1. The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed rules of termination a notice period of up to one month.
  2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed rules of termination and a notice period of up to one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:
  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least in the same way as they have been entered into by him;
  • subject to the same notice period as the merchant has stipulated for himself.

Extension

  1. A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a fixed term that does not exceed three months if the consumer has the right to terminate this extended contract at the end of the renewal, subject to a notice period that does not exceed one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically extended for an indefinite period of time if the consumer has at all times the right to terminate, subject to a notice period that does not exceed one month, and a notice period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
  4. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction is not tacitly extended and ends automatically at the end of the trial or introductory period.

Term

  1. If a contract has a term of more than one year, the consumer may after one year terminate the contract at any time subject to a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period starts after the consumer has received the confirmation of the contract.
  2. The consumer shall immediately report any inaccuracies in the payment details provided or stated to the merchant.
  3. In the event of default by the consumer, the merchant shall be entitled, subject to legal limitations, to charge the consumer reasonable charges that have been notified in advance.

 

Article 14 - Complaints procedure

  1. The merchant has a well-publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract shall be fully and clearly described and submitted to the merchant within 7 days after the consumer has identified the defects.
  3. Complaints submitted to the merchant shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the merchant shall reply within the 14-day time limit with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of a complaint, the consumer shall first approach the merchant.
  6. A complaint does not suspend the obligations of the merchant, unless the merchant indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the merchant, the merchant shall, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. Contracts between the merchant and the consumer to which these general terms & conditions apply are governed exclusively by Dutch law, also if the consumer is domiciled abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or deviating provisions

Provisions additional or deviating from these general terms & conditions may not be to the detriment of the consumer and shall be recorded in writing or in such a way that the consumer can store such on a durable data carrier in an accessible manner.

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