Terms & Conditions
General terms and conditions of use Jumping Spirit Rope Webshop Naarden
- Offers and quotations
- Realization of the agreement
- Execution of the agreement
- Inspection & Complaints
- Fees, price and costs
- Retention of title
- Collection costs
- Suspension and termination
- Risk transfer
- Force Majeure
- Intellectual Property and Copyrights
- Applicable law
1.1 In these general conditions the following terms have, unless explicitly stated otherwise, the following meanings:
- User: the user of the general terms and conditions.
- Buyer: the opposing party, acting in the exercise of a profession or business or a party who is a natural person not acting in the exercise of a professional or business activities.
- Agreement: the agreement between the user and buyer.
2.1 The provisions of these terms and conditions apply to every offer and every agreement between user and a buyer which user has declared the extent of these and conditions parties have not deviated explicitly in writing. The conditions are available to everyone and listed on the websites of the user.
2.2 These terms and conditions also apply to all agreements with user, in which the execution of third parties need to be involved.
2.4 If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable. User and buyer will then discuss new provisions to replace the invalid or unenforceable provisions to agree which if and insofar as possible the purpose and intent of the original provision is complied with.
3. Offers and quotations
3.1 All offers and quotations are without engagement, unless a deadline for accepting the offer or quotation is mentioned.
3.2 The offers made by the user are without any obligation and are valid for thirty days, unless otherwise indicated. User is only committed for the acceptance of the offers if the offers are confirmed in writing by the buyer within thirty days.
3.3 Delivery times in offers and quotations are indicative to the user. They will give the buyer by exceeding no right to terminate or indemnification, unless otherwise expressly agreed.
3.4 The prices of these offers and quotations are including VAT and other government levies, as well as shipping, any transport and packaging costs, unless explicitly mentioned otherwise.
3.5 If the acceptance deviates (to subordinate items) from the given offer or quotation, user shall not be bound. The agreement is not in accordance with this deviating acceptance, unless user indicates otherwise.
3.6 A composite price quotation does not oblige the user to deliver a part of the products included in the offer or tender for the corresponding part of the given quotation.
3.7 Offers or quotations do not automatically apply for repeat order.
4. Realization of the agreement
4.1 The purchase agreement is concluded by acceptance of our offer on the Internet or otherwise. Acceptance of orders takes place through our websites, by email, by fax or by phone.
5. Execution of the agreement
5.1 User shall execute the agreement to the best of its ability and in accordance the requirements of good workmanship. All this on the basis of the currently state of knowledge.
5.2 If and insofar as the proper execution of the agreement requires, the user has the right to engage third parties for certain activities.
5.3 The buyer shall ensure that all information which user has said to be necessary or which the buyer reasonably should understand to be necessary for the execution of the agreement, are provided to user in time. If the necessary information for the user has not been provided in time for the execution of the Agreement, the user has the right to suspend and / or bring the additional costs for the buyer according to the usual rates.
5.4 User is not liable for damages of any kind, because user worked with incorrect and / or incomplete information provided by the buyer, unless the incorrectness or incompleteness should have been known.
5.5 Buyer shall indemnifies user against possible claims from third parties who suffered damages in connection with the execution of the agreement and which is attributable to the buyer.
6.1 Delivery takes place from the warehouse of the user.
6.2 Unless otherwise agreed in writing, user shall determine the method of shipment. If user has selected the method of shipping the goods travel for the risk of user. The buyer bears the risk of the goods from the moment when the goods are offered at the specified address.
6.3 The Delivery term is within 7 days after the realization of the agreement, provided that the goods are in stock, there is no delay in the carrier, and the payment is received in time by the user. For goods that are not in stock, delivery time will be a maximum of 30 days. If an article is not available anymore, the buyer will be informed by the user within 72 hours.
6.4. If exceeding of a delivery term, the purchaser is never entitled on any indemnification, on termination of the agreement or any other action against users. This does not apply in cases of willful misconduct or gross negligence by the user or its managerial staff or the delivery of more than three months is exceeded. In this case the buyer has the right to cancel the agreement, however without right to be able to claim any compensation.
6.5 After receiving the goods, the buyer is entitled to terminate the agreement within 8 days and to send the goods back, without giving any reason, provided that the goods are unopened and unused .The return shipping costs will thereby be borne by buyer. Also, any restocking fees that the manufacturer / importer will charge must be borne by the buyer. Buyer shall thereafter be given the purchase amount (minus shipping and restocking fees) refunded within 14 days.
6.6 Buyer is obliged to take delivery of the goods at the moment when user delivers them or has them delivered, or at the time they are made available to him according to the agreement.
6.7 If the buyer refuses or is negligent in providing information or instructions which are necessary for the delivery, user is entitled to store the goods for the expense and risk of the buyer.
6.8 If the goods are delivered user, is entitled to charge the delivery costs. These will then be invoiced separately.
6.9 If the user requires information from the buyer as a part of implementation of the agreement, the delivery shall commence after the buyer has provided these information to the user.
6.10 If the user has specified a deadline for delivery, this is indicative. A specified delivery time is never a deadline. When a term is exceeded, the buyer must give the user default in writing.
6.11 User is entitled to deliver the goods in parts, unless such is deviated or the partial delivery has no independent value by the agreement. User is entitled to invoice thus supplied separately.
7. Inspection, Complaints
7.1 Buyer must examine the goods at the time of delivery, and in any case within the shortest possible time. Buyer has to examine the quality and quantity of the delivered goods if they correspond with what is agreed, and at least meets the requirements that are common in normal (business) transactions. The colors of the products as seen on the website are subject to change. There may be a difference in tint, in the color between what the buyer sees on the computer and what is delivered. This is therefore no grounds for complaint.
7.2 Complaints in general and complaints about invoices must be made within three days of receiving of goods or invoice, or within eight days after any visible defect in the goods is discovered or should have been discovered, to be made in writing to the user and with a proper description of the complaint. After the expiry of this period, user deemed to have fulfilled its obligations correctly and it is assumed that the buyer accepts the goods or invoices as correct. Not visible defects or deficiencies have to be reported within three weeks after discovery but within 3 months after delivery.
7.3 Complaints give the buyer never the right to suspend payments.
7.4 If a complaint is justified by user, user is entitled at its option:
- A: To revise the invoice and change the amount invoiced accordingly;
- B: replace the goods for goods the same specifications or repair which issued the replaced goods or parts are supplied to the user;
- C: To take back the delivered goods and to dissolve the agreement, with a refund of the amount paid by the buyer invoice amount and without liable for any damages.
7.5 The buyer must in a occurring case user forthwith provide opportunities for repair any defects.
7.6 Possible return of goods from the buyer are for the account and risk of the buyer. User accept returned goods only if and insofar as it is agreed in advance writing with the return, and then only if these goods are delivered in the original packaging and the original state to the address specified by the user.
8. Fees, price and costs
8.1 The prices of the products are listed on the websites of the user. However, these are subject to price changes and misprints. All prices on the websites of the user are including VAT and any other charges, as well as any other part of the agreement, including shipping and handling, unless indicated otherwise.
8.2 If a fixed price has been agreed between user and the buyer, user shall nevertheless be entitled to increase the price.
8.3 User is allowed to include price increases, if between the time of the offer and execution of the agreement, significant price changes have occurred, for example in exchange rates, wages, raw materials, semi-finished products and packaging materials.
8.4 Goods of user are supplied at the prices prevailing on the date of shipment from the warehouse of user. If these prices derogate from the prices on the date of conclusion of the agreement, the buyer will be informed by user before shipping the goods.
8.5 The shipping costs as stated on the website are applicable inside the Netherlands.
Shipping abroad extra rate is charged for that package by PostNL (formerly TNT / TPG) at that time.
9.1 Payment can be made in the following ways:
- A: Advance payment: The goods will be sent as soon as the invoice amount is credited to the account of the user;
- B: Cash on Delivery: Buyer pays the invoice upon delivery of the goods to the carrier concerned. Notice that not every country provides Cash on Delivery!;
- C: Electronic: Buyer makes payment through the Mollie/iDEAL/PayPal system that connects directly to the Internet banking program from the buyer for an online purchase.
9.2 Late payment gives users the right to suspend, for its part, its performance under this and / or other agreements with the buyer, or to terminate, without the buyer is entitled to damages or termination of the agreement and without prejudice to any loss of profit and other consequential damages.
9.3 Complaints in the treatment and / or warranty claims give no right to delay the payment or partial payment.
9.4 If goods are delivered by the user to the buyer on account, payment must be made within 14 days of the invoice date, in a manner to be specified by the user in the currency invoiced. Complaints of the amount of the invoices shall not suspend the payment obligation.
9.5 If the buyer fails to pay within the period of 14 days, the buyer is legally in default. Buyer shall owe an interest of 5% per month, unless the legal interest rate is higher, in which case the legal interest rate applies. The interest on the amount due will be calculated from the time the buyer is in default until the moment of payment of the full amount.
9.6 In case of liquidation, bankruptcy or suspension of payment of the buyer's claims against user, the payment on the buyer is immediately due and payable.
10. Retention of title
10.1 All goods delivered by user, possibly also including designs, sketches, drawings, films, software, (electronic) files, etc. remain user's property until the buyer has fulfilled all his obligations and all agreements concluded with user.
10.2 The buyer is not entitled to encumber or to pledge the goods otherwise falling under the retention of title.
10.3 If third parties seize goods delivered subject to retention of title or wish to establish or assert rights thereto, buyer is obliged to inform user as soon as reasonably may be expected from the buyer.
10.4 The buyer is obliged to insure the goods delivered under retention of title against fire, explosion and water as well as against theft, and gives this insurance policy available on request for inspection.
10.5 In the event that the user wishes to exercise his ownership rights indicated in this article, gives the buyer unconditional and irrevocable permission to the user or to designate a third party to enter all the sites and locations where user's property might be found and to take these goods back.
11.1 User is responsible for the best quality of her goods and to services provided and for the soundness and quality of the delivered goods, provided that the guarantee shall not go beyond the following provisions stated.
11.2 By the buyer within the warranty proven and user culpable errors, defects or deficiencies - as far restored as soon as possible on behalf of the user, under the guarantee referred to in this Article replaced or taken back credit.
11.3 If the guarantee provided by the user for a good wich is produced by a third party, this warranty is limited to that is provided by the producer of the good.
11.4 The buyer must deliver for its own account and risk the goods wich are for replacement or repair eligible to the address specified by user.
11.5 For cases in with a other than a by user valid warranty card is attached, where different from the provisions in these terms, the provisions of these terms and conditions.
11.6 The buyer can not appeal to the warranty:
- A: if the buyer has neglected the goods;
- B: if the buyer has made changes to the goods or let make including repairs that are not performed by or on behalf of user;
- C: by improper or careless use or other external causes or misfortunes;
- D: if the goods has not been serviced on the usual manner;
- E: if the goods are used with inappropriate or incorrect accessories;
- F: if the goods are used with inappropriate or wrong media;
- G: if the buyer has handled in negligence or otherwise;
- H: if the goods have been subject to improper use;
- I: if the products are not in the state as delivered;
- J: If semi-finished goods supplied (including handles) are applied or used in a non-conventional manner;
- K: if the products are custom made in response to specific needs and / or requests by the buyer;
- L: wear and tear as a result of normal use and wear and tear caused by improper use or improper handling.
11.7 The guarantee mentioned under 11.1 also applies if the goods to be delivered are destined for use abroad and buyer is explicitly informed of the use at the time of entering into the contract was entered into.
11.8 The guarantee mentioned under 11.1 is valid for a period of 3 months after delivery. For some products different warranty periods may apply.
12. Collection costs
12.1 If buyer is in breach or default in the performance of any of its obligations, all reasonable costs in obtaining payment out of court incurred on behalf of the buyer. If the buyer defaults in the timely payment of a sum of money, he forfeits a immediately claimable fine of 15% of the amount due. With a minimum of Euro 50,00.
12.2 If user has made costs, which were reasonably necessary, these also qualify for reimbursement.
12.3 Possible reasonable judicial and execution costs are also be borne by buyer.
12.4 Buyer shall pay interest over the collection costs incurred.
13. Suspension and termination
13.1 User is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:
- A: buyer has not under the agreement fully fulfill his obligations;
- B: after the conclusion of the agreement the knowledge is found of circumstances that give the user well-founded fear that the buyer will not fulfill his following obligations. In case there is good reason to fear that, the buyer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action;
- C: at the conclusion of the agreement buyer is requested to guarantee the fulfillment of his obligations under the agreement and this security is not provided or insufficient. Once security has been provided, the competence to suspend shall lapse unless such fulfillment has been unreasonably delayed.
13.2 Furthermore, user is authorized to dissolve the agreement if circumstances occur of such a nature that fulfillment of the contract is impossible, or to standards of reasonableness and fairness can not be expected, or if other circumstances occur of such a nature that unaltered maintenance of the agreement can not be expected in all reasonableness.
13.3 If the agreement is dissolved, the user's claims against the buyer immediately due and payable. If user suspends the fulfillment of his obligations, he shall retain his rights under the law and the agreement.
13.4 User always retains the claim entitled compensation.
14.1 User nor third parties it involves for the benefit of to constitute or implementation of any agreement, be liable for any damages arising from and related to the contract which the purchaser or any third party may suffer directly or indirectly through this with the implementation of the agreement, regardless of what the cause is.
14.2 Without prejudice to the foregoing, users shall never be liable:
- A: for non or late delivery;
- B: data in website, catalogs, advertising materials, offers etc;
- C: in case of shortcomings (force majeure);
- D: if the buyer himself or a third party the goods repair, alter, or use the goods for purposes other than for which it is suitable or intended, the delivered goods overloaded and otherwise used improperly;
- E: to the third party property, which are subject to repair, storage or for what reasons are in users storage premises;
- F: whatsoever for business and / or consequential damages by any cause;
- G:. for damage caused by intent or gross negligence of auxiliary persons.
- H: vfor damage caused by software supplied.
14.3 If in despite the above, user be liable in any case for any damage, user accepts liability only to the extent that such liability is covered, up to the amount of the payment made by the insurance company by its insurance.
14.4 If the insurance in any one case does not proceed to payment, the user is never liable for more than the invoice amount for the agreement.
14.5 The buyer shall indemnify the user against all claims of third parties against the user.
14.6 The exclusions contained in these conditions or limitations of liability do not apply if the damage is caused by intent or gross negligence of the user or her managerial subordinates.
14.7 User shall never be liable for indirect damage, including consequential, lost profits, lost savings and damage due to business stagnation.
15. Risk transfer
15.1. The risk of loss or damage to the products covered by the agreement will pass to the buyer at the moment they are legally and / or actually delivered to the buyer and in the power of the buyer or be charged to a third party designated by buyer.
16. Force Majeure
16.1 Parties are not obliged to fulfill any of their obligations if they are hindered due to a circumstance that is not due to negligence, and not under the law, a legal action or generally accepted for their account.
16.2 Force majeure is in these terms, apart from what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, in which the user can exert any influence but which prevents user to accomplish his obligations. Industrial action at user's company shall be included.
16.3 User shall also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment occurs after the user should have fulfilled his obligation.
16.4 Parties may suspend its obligations under the contract during the period that the force majeure persists. If this period lasts longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party.
16.5 Insofar user at the time of the occurrence of force majeure already partially fulfilled his obligations under the agreement or will fulfilling, and to the fulfilled an independent value can be awarded, the user is entitled to invoice the already fullfilled part separately. Buyer is obliged to pay if it were a separate agreement.
17.1 The buyer indemnifies the user against claims by third parties concerning intellectual property rights on material or data provided by the buyer, which are used in the implementation of the agreement.
18. Intellectual Property and Copyrights
18.1 Without prejudice to the other provisions of these terms and conditions, user shall reserve the rights and powers for which user is entitled under the Copyright Act.
18.2 The buyer is not allowed to bring changes in the goods, unless it follows from the nature of the goods supplied or otherwise agreed in writing.
18.3 The designs, sketches, drawings, films, software and other materials or (electronic) files created by the user as part of the agreement, remain the property of the user, regardless whether they were made available to the buyer or to third parties, unless otherwise agreed.
18.4 All documents provided by the user, such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended only to be used by the buyer, and may not be reproduced, or be made available to third parties by the buyer without the prior permission of the user, unless the nature of the documents provided dictates otherwise.
18.5 User reserves the right to use the gained due to the execution of the work for other purposes, in so far no confidential information to third parties.
19.1 The judge in the place of business shall have exclusive jurisdiction to hear disputes, unless the Subdistrict Court is authorized. User shall nevertheless be entitled to submit dispute to the competent law court.
19.2 The parties will only appeal to the court if they have made every effort till the limit for themselves, to settle a dispute between them.
20. Applicable law
20.1 To all legal agreements between parties Dutch law is exclusively applicable thereby excluding the Convention on the lnternational Sale of Goods.
Op elke overeenkomst tussen gebruiker en de koper is Nederlands recht van toepassing. Het Weens Koopverdrag is uitdrukkelijk uitgesloten.
20.2 In case of explanation of the content and meaning of these general terms and conditions, the Dutch text shall prevail.
Ingeval van uitleg van de inhoud en strekking van deze algemene voorwaarden, is de Nederlandse tekst daarvan steeds doorslaggevend.