Terms & conditions
General Terms of Trade (convenience translation)
1. General
1.1 All offers, orders, and agreements with Ekwosport.nl are (with possible exceptions with respect to other terms) subject to these General Terms of Trade
2. Applicability
2.1 These general Terms of Trade are applicable with respect to all legally required terms where Ekwosport.nl is a party as a supplier of products
2.2 The acceptation of an offer or the ordering of products entails that the customer accepts the Terms of Trade as listed.
3. Offers
3.1 All offers made by Ekwosport.nl are noncommittal and are subject to the availability of the products. Ekwosport.nl is entitled to substitute the ordered product with a product that is equal in its specification or cancel the agreement. Ekwosport.nl reserves the right not to accept orders in case of print errors in its catalogue or website.
3.2 Ekwosport.nl retains the right to change prices, especially when this is necessary due to (legal) obligations. Please also refer to article 5.3.
3.3 After the elapse date of an offer or bargain the buyer can no longer profit from the offer or bargain.
4. Agreement
4.1 The purchase agreement between Ekwosport.nl and its customer is effectuated 7 working days after receipt of the ordered products.
4.2 An agreement is only effectuated after order acceptance by Ekwosport.nl.
Ekwosport.nl is entitled to refuse orders or to deliver against special conditions, unless agreed differently. When an order is not accepted, Ekwosport.nl shall inform the customer within 10 (ten) working days after receipt of the order.
5. Price and delivery
5.1 All prices are inclusive of Dutch taxes unless agreed otherwise, but exclusive of all other government charges and all other charges related to the agreed order such as transport-, storage- and/or administrative charges. When the buyer is located abroad (not in the sending country) the buyer shall pay for any applicable charges such as sales tax and import duties.
5.2 Prices are inclusive of standard packaging and exclusive of transportation charges unless this is explicitly agreed.
5.3 When the prices for the offered products and services increase during the period of ordering and the processing thereof, the buyer is entitled to cancel the order or to nullify the agreement within 10 (ten) days after being informed by Ekwosport.nl of this price increase.
5.4 Ekwosport.nl can not be held liable for differences in prices, pictures, product descriptions or any other difference in text or communication.
5.5 Deliveries are Ex Works (Incoterms 2000) unless otherwise agreed.
5.6 Ekwosport.nl is entitled to deliver the goods in more than 1 (one) shipment.
5.7 Ekwosport.nl shall deliver the goods to the requested address for delivery within 5 working days after confirmation of order under the condition that the goods are in stock and the order is fully paid for.
5.8 The above mentioned delivery times are indicative and not contractually binding.
Ekwosport.nl shall never be liable for any damage incurred as a result of exceeding the delivery time. The maximum delivery time shall be 30 (thirty) days unless otherwise agreed.
5.9 Ekwosport.nl shall deliver by mail or any other means as chosen by Ekwosport.nl
5.10 Ownership of the products is transferred to the buyer at time of delivery if the products are fully paid for.
5.11 The buyer is obliged to accept the bought products at the moment that he has access to the products or when the products are handed over to him. If the buyer refuses to accept the products or fails to provide information or instructions needed for the delivery, said products will be put in storage at buyers risk after Ekwosport.nl has informed the buyer. All additional cost shall be born by the buyer.
6. Intellectual and industrial property rights
6.1 The buyer shall accept all intellectual and industrial property rights that are related to the products delivered by Ekwosport.nl entirely and unconditionally.
6.2 Ekwosport.nl does not guarantee that the products delivered to the buyer do not infringe any (written) third party intellectual or industrial property right.
6.3 All intellectual property rights related to the Ekwosport.nl site, including programs, text, pictures and sound belong to Ekwosport.nl and/or to those that have given a license for use to Ekwosport.nl. This entails amongst others that it is not allowed to make public, copy or multiply any displayed information, unless this is for personal use.
7. Transportation charges
7.1 All product prices as mentioned on the sites of Ekwosport.nl are exclusive of transportation charges. Transportation charges will be against current tariffs.
8. Safe payment
8.1 All products need to be paid for in line with the existing payment options. If the customer is on-line, the menu for payment options will be displayed after acceptance of these Terms.
9. Return of goods
9.1 Products purchased through Ekwosport.nl may be returned within 7 (seven) days after receipt under the condition that they are not used and that they are in the original wrapping or packaging. De buyer may annul his order within 7 (seven) working days without payment of any penalty and without mentioning any reason. The buyer has the possibility to be reimbursed for already paid orders. The buyer needs to contact Ekwosport.nl within 7 (seven) working days after receipt of the goods at the delivery address in any case. Transport charges for returned goods need to be prepaid in full by the buyer.
9.2 In case the buyer has received a faulty product, Ekwosport.nl will replace the product with exactly the same product under the condition that the product has not been used and is in its original wrapping. When the product is no longer in stock or is "end of life" the buyer has the right to be reimbursed when he has already paid for the product. The buyer needs to contact Ekwosport.nl within 7 (seven) working days after receipt of the product at the delivery address in any case.
9.3 In case a different product is received instead of the ordered one, the product will be replaced by Ekwosport.nl free of charge under the condition that the product is not used and is in its original wrapping. When the originally ordered product is no longer in stock, the buyer has the right to be reimbursed when he has already paid for the product. The buyer needs to contact Ekwosport.nl within 7 (seven) working days after receipt of the product at the delivery address in any case.
9.4 When reimbursement takes place as a result of product return in accordance with the above mentioned situations (9.1 to 9.3), the amount will be transferred to the known bank account. The buyer needs to contact Ekwosport.nl in any case before any reimbursement is made.
9.5 When the above mentioned time restrictions are not met or observed by the buyer all claims made by the buyer afterwards are void. Ekwosport.nl shall have no obligation whatsoever to replace goods or reimburse for paid products.
10 Complaints, inspection duty, expiration and fulfillment
10.1 When an order has not been received, a complaint has to be made within 7 (seven) days after receipt of the invoice, otherwise the order is considered to have been delivered and the invoice is therefore valid.
10.2 Complaints with respect to faulty products need to be made in writing as soon as possible in any case within 7 (seven) working days after receipt of the product at the delivery address, or - in case of invisible defects - within 21 (twenty one) days after the moment that the fault could have been found (within reason).
10.3 The recipient has the obligation to inspect the delivered goods upon receipt to verify them with the ordered products. In case there is a discrepancy Ekwosport.nl has to be informed as soon as possible and latest within 7 (seven) days after delivery in writing and with proper motivation. When the delivered products do not conform to the ordered products, the buyer has the option to have the products changed against new products or to have the product invoice value reimbursed. In case the buyer does not want to accept whatever product, he has the right to return the product to Ekwosport.nl within 7 (seven) days after delivery (see further 9.1) unused, undamaged and in their original wrapping. All transport charges for returned goods are at the buyer's expense.
11 Liability
11.1 Ekwosport.nl does not accept any liability as a result of - or related to - the execution of this agreement with respect to the delivery of goods unless damage has occurred as a result of Ekwosport.nl 's own actions - or the lack of actions - executed willfully or not with the knowledge that possible damage could occur.
12 Applicable jurisdiction (law)
12.1 All legal issues between Ekwosport.nl and buyer are subject to Dutch law
12.2 All disputes that may arise from the current or other agreements will be dealt with in accordance with the "Reglement van het Nederlands Arbitrage Instituut" (Dutch arbitration institute) or, in case Ekwosport.nl decides such, the qualified judge in the registered place (town) or place of business of Ekwosport.nl or the buyer. The procedure shall be conducted in the Dutch language.
13 Dutch text prevails
13.1 The Dutch text of these Terms will prevail over any translation.
14 Personal data
14.1 Ekwosport.nl observes and adheres to all legal regulations with respect to the protection of personal (private) data as recorded in the "Wet Bescherming Persoonsgegevens" (Law for the protection of personal/private data)
14.2 Ekwosport.nl shall record the data as given by the buyer in a digital file. This data will be used for the execution of buyer's orders and kept for a period to guarantee the processing of possible complaints as a result of order processing. No data shall be given to third parties when the privacy is at stake.
15 Various/miscellaneous
15.1 When an address is given in writing to Ekwosport.nl by a buyer, Ekwosport.nl is entitled to send all orders to this address, unless Ekwosport.nl has received a different address for delivery from the buyer.
15.2 In case one or more of the articles in these General Terms or in any other agreement with Ekwosport.nl is in contradiction with the Dutch legislation, the article in question needs to be regarded deleted. Ekwosport.nl shall replace the article with text that is in conformity with the applicable Dutch law.
16 Amendments to these General Terms
16.1 Articles of these General Terms may be changed or added by Ekwosport.nl at any time, without notice and without loss of any rights. The amendments shall be announced through Ekwosport.nl 's websites. Changes and amendments shall be in force 14 (fourteen) days after their announcement or as per the date as mentioned in the announcement.
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