General Terms and Conditions
Article 1. Applicability
These general terms and conditions apply to all our offers and all agreements entered into by us, regardless of how they are named. In particular, these conditions also apply to agreements concluded by us for the delivery of goods to our buyers. Before the agreement is concluded, you must agree to the general terms and conditions.
When these general terms and conditions refer to “buyer”, this should be understood to mean any natural or legal person who is in a contractual relationship with us as a result of a purchase agreement concluded with us, or wishes to enter into any other type of agreement. In particular, “buyer” also refers to the person whose order and for whose account goods are delivered.
The provisions of these general terms and conditions can only be deviated from if and to the extent that this is explicitly agreed in writing.
If the buyer also refers to its own general terms and conditions, these conditions do not apply. This is only different if and to the extent that the applicability of the buyer’s conditions does not conflict with our general terms and conditions, in which case only the provisions of our conditions apply. Any conflicting provisions in the buyer’s conditions do not affect this.
Where these general terms and conditions refer to “delivery (of goods)”, this also includes the performance of any services and work of any nature.
Article 2. Quotations
All our quotes should be considered as invitations to the potential buyer to make an offer. They therefore do not bind us in any way, unless the contrary has been explicitly and unambiguously specified in writing in the quote itself. The order given to us is considered to be an offer, which is only deemed to be accepted by us after written confirmation on our part (the so-called order confirmation).
Our quotes include, in particular with regard to the provisions in the previous paragraph -: designs, drawings, models, samples, descriptions, images, etc., as well as any attachments and documents relating to our quotes. All of this, as well as any tools made by us in this context, remains our property, must be returned to us upon request and may not be copied and/or disclosed to third parties without our express written permission. We also reserve all rights that may exist due to intellectual and industrial property.
If the order to which our quote relates is not placed with us within 3 months of the day on which we made our quote, we can invoice the costs that were associated with our quote, including the costs of making any designs, drawings, models, samples, descriptions, images, etc., made by us in this context, to the buyer.
Article 3. Conclusion of agreement
The agreement for purchase and sale is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions attached.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed, the consumer can dissolve the agreement.
The order confirmation sent by us to the buyer is deemed to fully and accurately reflect the content of the agreement. The buyer is deemed to agree with the content of our order confirmation, unless within 8 days from the date of our order confirmation, he gives written notice to us that he cannot agree with the content.
Any additional agreements and/or promises made and/or done by our employees, or made and/or done on our behalf by other persons acting as representatives, will only bind us if such agreements and/or promises are confirmed in writing by our authorized representative(s).
Article 4. Prices
Our prices include VAT and, unless explicitly agreed upon in writing, exclude packaging, transportation costs and other costs. Before the agreement is concluded, the total price will be visible.
The prices stated in quotes, contracts and order confirmations are based on the cost factors prevailing at the time of the conclusion of the agreement, such as exchange rates, manufacturer prices, raw material and material prices, wages and transportation costs, insurance premiums, taxes, import duties and other levies imposed by the government.
If prices increase after the conclusion of the agreement, the buyer has the right to dissolve the agreement after notification within 10 days, unless the increase is the result of legal regulations or provisions.
Article 5. Delivery and Lead Times
We aim to deliver the product within 3 working days. The product will be delivered within 30 days of the order at the latest. If this is not possible (the order is temporarily out of stock) or there is a delay for any other reason, or if the order cannot or can only be partially executed, you will receive a message within 1 month of placing the order and in that case you have the right to cancel the order without any costs.
Unless stated otherwise in the order confirmation, the delivery of goods is free house when the invoice amount is more than € (amount in numbers), say: (amount in letters). The goods travel at our risk and expense. For foreign buyers, we deliver ex warehouse, unless otherwise agreed. The goods travel at our risk and expense. Export and import formalities are handled by us, but at the buyer’s expense.
Unless buyers arrange for their own freight forwarder, goods are shipped by us in the manner that we deem most favorable with the freight forwarders of our choice, at our risk and expense.
If a buyer requests delivery of goods in a manner other than the usual way, we may charge the buyer for the associated costs.
If the product is delivered undamaged, the buyer is obliged to take delivery of the purchased goods within the agreed time. If the buyer fails to fulfill their payment obligation, we are entitled, if reasonable, to declare the agreement terminated without judicial intervention. If the buyer is negligent in taking delivery of the goods, the goods shall be deemed to have been delivered and we will store the goods at the buyer’s risk and expense, against payment of all costs incurred.
Article 6. Advertising by the buyer
The buyer is responsible for the accuracy and completeness and is responsible for the information they have provided us. The offered goods and/or services are depicted and/or described clearly and truthfully and as fully as reasonable and where the commercial purpose must be clear.
We recommend that the delivered goods be inspected immediately upon receipt and that any deficiencies be reported in writing within a reasonable period of time.
Any claim by the buyer against us relating to defects in the goods delivered by us shall expire if:
the defects are not reported within the time frame set out in paragraph 2;
the buyer does not/does not provide sufficient cooperation for the investigation of the complaints;
the buyer does not handle, use, store, or maintain the goods properly, or if he has used or handled the goods under circumstances or for purposes other than those provided by us;
The use of the goods in respect of which the complaints have been made by the buyer is continued;
the warranty period mentioned in the individual agreement has expired or, if such a period is lacking, the complaints are first made after a period of more than 6 months has elapsed since the delivery time. Contractual guarantees apply without prejudice to the rights and claims that the law grants to the buyer.
In disputes concerning the quality of the goods delivered by us, a binding decision will be made by a well-known bureau designated by us.
Article 7. Liability
Only if the warranty obligations regarding the goods delivered by us are not assumed by third parties (such as manufacturers), can the buyer assert (warranty) claims against us. Contractual warranties apply without prejudice to the rights and claims that the law accords to the buyer.
In the event of a complaint, we are only obliged to do so at your discretion if the validity of the complaint, regarding quality, is established by us and there is also liability as referred to in paragraph 1:
(free of charge) repair of defects;
delivery of replacement goods or parts, after receipt of the defective goods or parts;
refund of the purchase price received/crediting of the invoice sent to the buyer with termination without legal intervention of the contract concluded, all to the extent that the purchase price, invoice and contract relate to the delivered defective goods;
a compensation to be paid in agreement with the buyer in another form than referred to above.
If the buyer has carried out repairs and/or modifications to the goods without prior, explicit and written consent, any warranty obligation on our part will lapse.
The buyer is not entitled to return goods for which there is no motivated complaint. If this is done without valid reasons, all costs associated with returning will be at the expense of the buyer. Unless the customer returns the product during the inspection period. In that case, we are free to store the goods for the account and risk of the buyer with third parties.
Article 8. Retention of Title and Security
The goods supplied by us remain our property until full payment of all amounts owed to us by the buyer in connection with or arising from the goods supplied by us. If we consider it necessary, we have the right to require security from the buyer regarding the fulfillment of his obligations.
At all times, we are entitled to take back the goods that are located with the buyer (or third parties) but belong to us, as soon as we can reasonably assume that there is a real chance that the buyer will not fulfill his obligations.
Article 9. Payment
Payment shall be made in euros unless otherwise agreed, either in cash at our address or by transfer to our designated bank or giro account, in both cases immediately prior to delivery of the relevant goods, or at the latest within 14 days after the order date. You also have the option to pay COD. The COD fees will be passed on to you. All of this unless explicitly agreed otherwise in writing. When paying by bank or giro, the day the account is credited is considered the day of payment.
If the buyer fails to make (full) payment in a timely manner, they are in default without any further notice of default being required. We then have the right, if there is sufficient connection to the buyer’s non-performance, to suspend all of our obligations towards the buyer in a reasonable manner, without prejudice to all of our rights arising from common law.
If the buyer continues to default on timely payment, they shall incur, without further notice from us, an interest equal to the legal interest rate on the outstanding amount, calculated from the due date until the day of full payment, which interest shall be immediately claimable without further notice of default. All costs associated with the collection of the invoiced amounts (including out-of-court collection costs) shall be borne by the debtor.
Payments shall be applied in accordance with article 6:44 of the Dutch Civil Code, first to reduce the costs referred to in paragraph 3, then to reduce any incurred interest, and finally to reduce the principal and the ongoing interest.
If there is a significant deterioration in the buyer’s financial position after the conclusion of the agreement but before delivery of the goods, we are entitled to either entirely or partially refrain from further performance of the agreement or to demand a change in the payment terms.
The seller may transfer its claims arising from all transactions to a credit insurer of its choice.
Article 10. Inspection Period
The offer will also include an inspection period of at least seven business days, starting the day after receipt by or on behalf of the buyer, (unless otherwise agreed upon in accordance with clause 3.)
During the inspection period, the buyer has a right of withdrawal, allowing them to return the received goods without any obligation on their part, other than to pay for the direct costs of returning.
(Limitations or exclusions of the inspection period – based on the specific nature of the relevant goods – will be clearly stated in the offer.)
During this period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied – if reasonably possible – in the original packaging to the entrepreneur, in accordance with the instructions provided by the entrepreneur.
The shipping costs for returns are the responsibility of the buyer.
In the case of advance payment, sportvoedingwebshop.com will refund the purchase amount to the buyer within 30 days, excluding the paid shipping costs.
Article 11. Force majeure
In case of force majeure, the seller is not obliged to compensate for the damage incurred by the buyer, except and to the extent that the seller has benefited from the situation of force majeure, which he would not have had if he had properly fulfilled his obligations.
Article 12. Governing law
Dutch law exclusively applies to all offers made by us and all agreements entered into by us.