Terms and Conditions
General terms and conditions Padelshop Vibora E-mail: [email protected] Website: www.padelshopvibora.nl
1. Padelshop Vibora: MD Belle Helene, established in Winschoten under Chamber of Commerce number 89784847. 2. Customer: the person with whom Padelshop Vibora has entered into an agreement.
3. Parties: Padelshop Vibora and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Article 1 - Applicability of general terms and conditions
1. These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Padelshop Vibora.
2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.
3. The parties agree to the applicability of additional and/or deviating general terms and conditions of the customer or of
expressly excludes third parties.
Article 4 - Prices
1. All prices charged by Padelshop Vibora are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. Padelshop Vibora can change all prices that Padelshop Vibora uses for its products, on its website or otherwise announced, at any time.
3. Increases in the cost prices of products or parts thereof, which Padelshop Vibora could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
Article 5 - Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it
other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Article 6 - Payments and payment term
1. Padelshop Vibora may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The customer must make subsequent payments within 7 days after delivery.
3. Payment terms are considered strict payment terms. This means that if the customer
has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Padelshop Vibora having to send the customer a reminder or give notice of default.
4. Padelshop Vibora reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.
Article 7 - Payments and payment term
Products are paid for directly in the store.
Article 8 - Consequences of failure to pay on time
1. If the customer does not pay within the agreed period, Padelshop Vibora is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, with part of a month being whole month is charged.
2. If the customer is in default, he will also be liable for extrajudicial collection costs and any damages
2. If the customer is in default, he also owes Padelshop Vibora extrajudicial collection costs and any compensation.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Padelshop Vibora may suspend its obligations until the customer has fulfilled his obligations.
payment obligation has been met.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims are
from Padelshop Vibora to the customer immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Padelshop Vibora, he is still
always obliged to pay the agreed price to Padelshop Vibora.
Article 9 - Right of complaint
1. As soon as the customer is in default, Padelshop Vibora is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Padelshop Vibora invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must return the products where this is required
right to immediately return it to Padelshop Vibora, unless the parties agree otherwise
4. The costs for retrieving or returning the products will be borne by the customer.
Article 13 - Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a separate magazine or newspaper
the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make known his right of withdrawal via [email protected], if desired using the withdrawal form that can be downloaded from the Padelshop Vibora website, www.padelshopvibora.nl.
4. The consumer is obliged to return the product to Padelshop Vibora within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.
Article 15 - Reimbursement of delivery costs
1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Padelshop Vibora in a timely manner, Padelshop Vibora will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and completely returned order. refund the consumer.
2. The costs for delivery will only be borne by Padelshop Vibora if the entire order is returned.
Article 16 - Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order in a timely manner,
the costs for returning the entire order will be borne by the consumer.
Article 18 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Article 19 - Right of retention
1. Padelshop Vibora can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Padelshop Vibora, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Padelshop Vibora.
3. Padelshop Vibora is never liable for any damage that the customer may suffer as a result of using his right of retention.
Article 20 - Settlement
Unless the customer is a consumer, the customer waives his right to offset a debt to Padelshop Vibora against a claim against Padelshop Vibora.
Article 21 - Retention of title
1. Padelshop Vibora remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Padelshop Vibora on the basis of any agreement concluded with Padelshop Vibora, including claims regarding failure to comply.
2. Until then, Padelshop Vibora can invoke its retention of title and take back the goods.
3. Before ownership has been transferred to the customer, the customer may not pledge, sell or alienate the products
or otherwise object.
4. If Padelshop Vibora invokes its retention of title, the agreement will be deemed dissolved and
Padelshop Vibora has the right to claim damages, lost profits and interest.
Article 22 - Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Padelshop Vibora, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Padelshop Vibora has the right to
to suspend obligations until the agreed part has been paid.
5. Late payment constitutes creditor default, resulting in the customer not accepting late delivery
Padelshop Vibora can object.
Article 23 - Delivery time
1. The delivery times stated by Padelshop Vibora are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Padelshop Vibora.
3. Exceeding the specified delivery time does not entitle the customer to compensation nor the right to terminate the agreement, unless Padelshop Vibora cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
Article 24 - Actual delivery
The customer must ensure that the actual delivery of the products he has ordered can take place on time.
Article 25 - Transport costs
Transport costs are borne by the customer, unless the parties have agreed otherwise.
Article 26 - Packaging and shipping
Article 26 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Padelshop Vibora cannot be held liable. for any damage.
2. If the customer arranges the transport of a product himself, he must report any visible damage
to products or packaging to Padelshop Vibora prior to transport, failing which Padelshop Vibora
cannot be held liable for any damage.
Article 29 - Custody
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.
Article 31 - Warranty
1. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.
2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the customer's power or from a third party who receives the product on behalf of the customer.
Article 42 - Indemnity
The customer indemnifies Padelshop Vibora against all claims from third parties related to the products and/or services supplied by Padelshop Vibora.
Article 43 - Complaints
1. The customer must examine a product or service provided by Padelshop Vibora as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Padelshop Vibora of this as soon as possible, but in any case within 1 month after discovering the shortcomings. .
3. Consumers must inform Padelshop Vibora within 2 months of discovering the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Padelshop Vibora is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to Padelshop
Vibora may be required to perform work other than that agreed.
Article 44 - Notice of default
1. The customer must notify Padelshop Vibora of any notice of default in writing.
2. It is the customer's responsibility that a notice of default for Padelshop Vibora is actually given (in a timely manner).
Article 45 - Customer's joint and several liability
If Padelshop Vibora enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Padelshop Vibora under that agreement.
Article 46 - Liability Padelshop Vibora
1. Padelshop Vibora is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Padelshop Vibora is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Padelshop Vibora is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If Padelshop Vibora is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only
indicative and are only approximate and cannot give rise to compensation and/or (partial)
dissolution of the agreement and/or suspension of any obligation.
Article 47 - Expiry period
Any right of the customer to compensation from Padelshop Vibora expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Article 48 - Right to dissolution
1. The customer has the right to terminate the agreement if Padelshop Vibora attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
2. If the fulfillment of the obligations by Padelshop Vibora is not permanently or temporarily impossible, dissolution can only take place after Padelshop Vibora is in default.
3. Padelshop Vibora has the right to terminate the agreement with the customer if the customer
does not fully or timely fulfill his obligations under the agreement, or if Padelshop Vibora has
become aware of circumstances that give him good reason to fear that the the customer will not be
able to properly fulfill his obligations.
Article 49 - Force majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Padelshop Vibora to fulfill any obligation towards the customer cannot be attributed to Padelshop Vibora in a situation independent of the will of Padelshop Vibora, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Padelshop Vibora.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Padelshop Vibora cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Padelshop Vibora can meet them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
5. Padelshop Vibora is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Article 50 - Changes to the agreement
1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Article 51 - Changes to general terms and conditions
1. Padelshop Vibora is entitled to change or supplement these general terms and conditions.
1. Padelshop Vibora is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Padelshop Vibora will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions
Article 52 - Transfer of rights
1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Padelshop Vibora.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.
Article undefined - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Padelshop Vibora had in mind when drawing up the conditions on that point.
Article undefined - Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Padelshop Vibora is located / has a practice / has an office is
exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.
Prepared on March 9, 2023.