General Terms and Conditions XXclusive Sports
Registered with the Chamber of Commerce Gooi-, Eem-and Flevoland under number: 32146779
XXclusive Sports
On the use of XXclusivesports.com and the articles that are offered these general conditions are applied. Read the terms carefully before using XXclusivesports.com and the offered items. Using XXclusivesports.com and the articles you agree to these terms and conditions. If you do not agree to these terms, please do not use XXclusivesports.com and the offered items.
Article 1 - Definitions
In these conditions the following descriptions shall pass:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
2. Consumer: natural capable acting adult person who is not acting in the exercise of profession or business or the natural capable acting adult person acting in the exercise of profession or business from legal representation and will exercise a contract or agreement with the entrepreneur.
3. Agreement in a distance: an agreement in the context of an organized system by the Entrepreneur for distance selling of products and / or services, and the conclusion of agreement with the exclusive use of one or more means of communication in distance;
4. Technical distant communication: medium that can be used to conclude an agreement without the consumer and Entrepreneur being simultaneously in the same room together;
5. Reflection period: the period during which the consumer can make use of his right to reflect his or her decision;
6. Recall Right: the ability of consumers of abandon the contract in the reflection period;
7. Day: calendar day;
8. Duration Transaction means a contract regarding a series of products and / or services, from who the supply and / or extradition is spread in time;
9. Sustainable medium: any means that the consumer or entrepreneur have, to establish information that is addressed to him personally, to store in a way that future consultation and unaltered reproduction of the stored information making possible.
Article 2 - Identity of the entrepreneur
Entrepreneur: XXclusive Sports
Acting under the name: www .XXclusivesports.com & XXclusive Sports
Address: PO Box 1276, 3890 BB ZEEWOLDE
Telephone: 0031 36 844 33 67
Accessibility: Monday till Friday from 9:00 am - 21:00 pm, Saturday and Sunday from 12.00 - 17.00
E-mail: info@XXclusivesports.com
KvK-number: 32146779 (Chamber of Commerce Gooi, Eem-and Flevoland)
VAT identification number: NL8204.33.627.B.01
Article 3 - Applicability
1. These general conditions apply to any offer of the entrepreneur and any established contract between entrepreneur and consumer.
2. Before the contract is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible will, before the contract is closed, indicated that the general conditions are available on the entrepreneur’s website and on request of the consumer as soon as possible will be sent by e-mail.
3. If the contract will be concluded electronically, may, notwithstanding the preceding paragraph, and before the contract is concluded, the text of these terms and conditions electronically made available to the consumer so that the consumers in a simple way can store it in a durable medium.
If this is not reasonably possible this will be explained, before the contract is closed, where the general conditions electronically can be noted that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event that, in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in the event of conflicting terms and conditions, always rely on the applicable provision for him most favorable.
Article 4 - The offer
1. If an offer valid for a limited duration or exceptional conditions, this will be expressly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images these will be a true representation of the products and / or services. Obvious mistakes or errors in the offer will be not binding on the entrepreneur.
3. Any offer contains such information that for consumers will be clear what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
a. the price including taxes;
b. the costs of delivery;
c. how the agreement will be and what actions are required;
d. whether to apply the right to recall or not
e. the method of payment, delivery or execution of the agreement;
f. the deadline for acceptance of the offer or the date for the fulfillment of the price;
g. about the rate of distance communication if the cost of using the means of distance communication are calculated on a basis other than the basic charge;
h. if the agreement is concluded and archived, how the consumers can consult this;
i. the way the consumers can, before to conclude the agreement, can consult, recover or delete unwanted actions.
j. any language in which, addition to Dutch, the contract can be concluded
k. the codes of conduct which the entrepreneur has subjected herself to and how the consumer electronically can consult that codes.
l. the minimum duration of the contract in case of an agreement which aims for continuous or periodic delivery of products or services.
Article 5 - The agreement
1. 1. The agreement is established at the moment of acceptance by the consumer of the offer and its terms and conditions.
2. If the consumer electronically accepted the offer the entrepreneur immediately confirms electronically receiving the acceptance of the offer. Until the receipt of such acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is electronically established, the entrepreneur appropriate technical and organizational measures to protect the electronic transmission of data and makes it a secure web environment. If the consumer can pay electronically, the entrepreneur will provide appropriate security measures.
4. The entrepreneur can - within the law - inform herself about the consumer’s payment commitments, as well as all those facts and factors that are important for a sound conclusion of the contract. If the entrepreneur, based on this research, has good grounds for canceling the agreement, he is entitled to refuse the order or request or to implement specific conditions.
5. The following information will be included in the product or service to the consumer in writing or in such a way that the consumer in an accessible way can store it in a durable medium:
a. e-mail and postal address of the entrepreneur where the consumer can send complaints;
b. the conditions and how the consumer can make use of his right to recall, or a clear message concerning the exclusion of this right;
c. information about existing service after purchase and guarantees;
d. in Article 4 paragraph 3 of the conditions data, unless the entrepreneur provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or indefinite duration.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right to reflection on supplied products
1. When purchasing products, the consumer can terminate the contract without giving any reason to dissolve within 10 days. This period begins on the day of receipt of the product by or on behalf of the consumer.
2. During this period, consumers will carefully deal with the product and packaging. The consumer will only unpack or use the product as necessary to judge whether he wishes the product to retain. If he uses his right to reflect, he’ll return the delivered product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions.
3. Custom made Hockey sticks are excluded from this right.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right to return, the maximum cost will be the return-delivery cost on his behalf.
2. Where there is an amount paid by the consumer, the entrepreneur will pay back this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 - Right Foreclosure of the right of recall
1. If the consumer does not have a right of recall, this can only be excluded by the entrepreneur if the entrepreneur has submitted and mentioned this clearly in the offer, at least in time before the conclusion of the contract.
2. Exclusion from the right is only possible for products:
a. by the entrepreneur established in accordance with specifications of the consumer;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can quickly deteriorate or age;
e. whose price is tied to fluctuations in the financial market in which the entrepreneur has no effect on;
f. for individual newspapers and magazines;
g. Audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion from the right is only possible for services:
a. on accommodation, transport, catering or leisure services on a specified date or during a certain period;
b. the supply that, with the express consent of the consumer, is started before the reflection has expired;
c. on betting and lotteries.
Article 9 - The price
1. During the, in the offer indicated expiration date, the prices of the products and / or services are not increased, except the increase of the prices will be a result from changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are tied to fluctuations in the financial market and the entrepreneur has no influence on, can be offered with variable prices. This bondage to fluctuations and the fact that the prices named are target prices are stated in the offer.
3. Price increases within 3 months after the agreement is only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the completion of the contract only if the entrepreneur has stipulated this if:
a. it is the result of laws or regulations, or
b. the consumer has the power to terminate the agreement at the date of the price increase takes effect.
5. The offer of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
1. The entrepreneur warrants that the products and / or services meet the agreement, the named specifications in the offer, to the reasonable requirements of adequacy and / or usability and on the date of the agreement existing legal provisions and / or government regulations.
2. A by the entrepreneur, manufacturer or importer offered guarantee does not affect the rights and claims which the consumer in respect of a failure to fulfill the obligations of the entrepreneur against the entrepreneur may make under the law and / or the contract.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care in respect to the receipt and the execution of orders and products as in assessing applications for services.
2. The place of delivery is the address that the consumer has notified to the company.
3. With compiance to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders as soon as possible. The entrepreneur will give an indication of the expected delivery time to the consumer. Changes or anomalies in the delivery will immediately be reported to the consumer. Exceedance of any delivery gives you no right to dissolve the contract of sale, unless there is more than 30 days crossing of expected delivery.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will pay back the amount that consumers paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will strive for an available replacement article. Far before the delivery will be on a clear and comprehensible manner reported that a replacement article will be supplied. For replacement items, the right to recall cannot be excluded. De kosten van retourzending zijn voor rekening van de ondernemer. The cost of any return shipment shall be paid by the entrepreneur.
6. The risk of damage and / or loss of products is, ‘till the delivery to the consumer, at the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration Transactions
1. The consumer may terminate a contract that is agreed for indefinite at any time in compliance with rules and so agreed termination notice period of one Month.
2. A contract for the defenated period is given a maximum period of two years. If it is agreed that without conformation of the consumer the contract will be renewed, the agreement will be continued as an agreement for an indefinite time and will continue after the termination of the agreement up to a month.
Article 13 - Payment
1. Unless subsequently agreed by the consumer amounts has to be paid within fourteen days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of this agreement.
2. The sale of products to consumers in general may not be an advance of more than 50% agreed. If prepayment is made, consumers can make no rights regarding the implementation of the order or service (s), before the advance payment has been made.
3. The consumer has the duty to report inaccuracies in information provided, or specified payment, immediately to the entrepreneur.
4. In case of default of the consumer, the entrepreneur, subject to legal constraints, has the right to intend an advance to the consumer to reasonable charge.
Article 14 - Complaints
1. Complaints about the implementation of the Agreement in reasonable time can be send, fully and clearly described, to the entrepreneur after the consumer has found the defects.
2. The, to the entrepreneur submitted, complaints will be within a period of 14 days from the date of receipt answered. If a complaint needs a foreseeable longer processing time, the entrepreneur will within the period of 14 days respond with a notice of receipt and a time indication when the consumer can expect a more detailed answer.
Article 15 - Disputes
1. To agreements between the entrepreneur and the consumer based on these terms and conditions only to Dutch law is applicable.
Article 16 - Warranty
1. The warranty on our products is 2 months.
Without invoice as proof of purchase date complaints are not taken into consideration.
On stick fractures guarantee applies only if there is a manufacturing defect.
Article 17. Unauthorized actions
1. It is not permissible articles of the entrepreneur to sell to third parties or to use for purposes other than for personal use.
2. It is not permitted on the website of the entrepreneur in any way be used for commercial purposes.
3. It is not allowed to undermine the operation of the website of the entrepreneur, including hacking, spreading viruses or spamming.
4. It is not permitted the website of the entrepreneur as well as articles used for unlawful purposes, including making a breach of intellectual property rights that rest on the website, as well as the registered brand name.
5. Any (attempted) fraud or other unauthorized act as described above shall be recorded and leads to be refused access to the website and articles and in unlawful cases prosecution.
Article 18. Advertisements and Liability
1. The entrepreneur makes no warranties about the content and operation of the website of the entrepreneur and accepts no liability for defects in the website, problems with the calls and ordering of items or damage from the use or inability to use, this website and the offered items.
2. Exclusion of liability for damage caused by intent or gross negligence on the part of the entrepreneur or persons for whom it is legally liable and that liability cannot be excluded, in which case liability is limited to compensation for direct damage to persons or property, with the exception of data loss.