GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Prime Sportsgear BV (registered name), located in Delft.
Version valid as of 01-12-2013.
1.1 These General Terms and Conditions apply to all offers of Prime Sportsgear. The terms and conditions are accessible to everyone on the website of Prime Sportsgear. Upon request, we will send you a written copy.
1.2 By placing an order you acknowledge that you agree to the delivery and payment terms and conditions. Prime Sportsgear reserves the right to amend its delivery and/or payment terms and conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing by Prime Sportsgear, the general or specific terms and conditions or stipulations of third parties shall not apply.
1.4 Prime Sportsgear guarantees that the delivered product meets the agreement and complies with the specifications listed in the offer.
2.1 Delivery takes place if the item is in stock.
2.2 Under the stipulations of the Dutch Distance Selling Act, Prime Sportsgear will in any case deliver orders within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or because of other reasons for delay, or if an order cannot or only partially be executed, the consumer will be informed thereof within 1 month after placing the order, and he or she shall be entitled to cancel the order without penalty or notice of default.
2.3 Subject to proof to the contrary, the supply obligation of Prime Sportsgear shall be satisfied once the products to be delivered by Prime Sportsgear have been offered to the customer once. In the case of home delivery, the report of the carrier, alleging refusal of acceptance, shall serve as full proof of the offer to deliver.
2.4 All terms specified on the website are indicative. Therefore, no rights can be derived from the terms specified.
3.1 Prices will not be increased within the duration of the offer, unless legal measures require this or if the manufacturer increases price in the interim.
3.2 All prices on the site are subject to misprints. We shall accept no liability for the consequences of any misprints.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 If it concerns a consumer purchase, the customer is entitled under the Dutch Distance Selling Act (Article 7:5 of the Dutch Civil Code) to return (part of) the products within a period of 7 days without stating a reason. This period begins when the ordered products are delivered. If the customer has not returned the products to Prime Sportsgear within this period, the purchase is a fact. Before proceeding to return the products, the customer is obliged to notify Prime Sportsgear thereof in writing within 7 working days after delivery. The customer must prove that the delivered products were returned on time, for instance, through a proof of mail delivery. Products must be returned in original packaging (including accessories and documentation) and in new condition. If the items have been used, encumbered or damaged in any way by the customer, the right of withdrawal under this article shall lapse. Subject to the provisions in the preceding sentence, Prime Sportsgear shall ensure that the full purchase amount, including the charged shipping costs, is refunded to the customer within 30 days after reception of the return. Returning the delivered products is entirely for the account and risk of the customer.
4.2 The right of withdrawal does not apply to::
• Services of which the performance has started a period of seven days prior with the consent of the customer
• Products or services of which price depends on fluctuations in the financial market, and on which the supplier has no influence
• Products made to the specifications of the consumer, such as tailor-made products, or products of a clearly customised or personalised nature
• Products or services, which, due to their nature cannot be returned, for instance, for reasons of hygiene or rapid decay or ageing
• Audio and video recordings and computer software of which the consumer has broken the seal
• The delivery of newspapers and magazines for betting and lottery services
5. Data management
5.2 Prime Sportsgear respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Prime Sportsgear sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.
6. Warranty and conformity
6.1 Prime Sportsgear guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legislation on the date of the conclusion of the agreement and/or government regulations.
6.2 A guarantee scheme offered by Prime Sportsgear, the manufacturer or the importer shall not affect the rights and claims of the consumer towards Prime Sportsgear in respect of a shortcoming in the performance of the Prime Sportswear’s obligations under the law and/or the distance contract.
6.3 The customer is required to check the delivered products immediately upon receipt. Should the delivered products be incorrect, defective or incomplete, the customer must (before proceeding to return the products to Prime Sportsgear) immediately report these defects in writing to Prime Sportsgear. Any defective or incorrectly delivered products can be reported to Prime Sportsgear in writing up to 7 days after delivery. Products must be returned in original packaging (including accessories and documentation) and in new condition. Starting to use the products after observing a defect, damage occurred after observation of a defect, encumbrance and/or resale after observation of a defect will void this right to claim and return the item.
6.4 If complaints from the customer are found to be justified by Prime Sportsgear, Prime Sportsgear will, at its discretion, either replace the delivered products at no charge or come to a written agreement on compensation with the customer, with the understanding that the liability of Prime Sportsgear and therefore the amount of compensation shall in all cases be limited to at most the invoiced amount of the related products, or (at the discretion of Prime Sportsgear up) to the maximum amount for which Prime Sportsgear is covered by its liability insurance in the case concerned. Any liability of Prime Sportsgear for any other form of damage is excluded, including any additional compensation of any kind, compensation for indirect or consequential damages or damages for lost profits.
6.5 Prime Sportsgear is not liable for damages caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default to Prime Sportsgear; B) the customer has repaired the delivered product on his or her own initiative and/or had the product repaired or modified by third parties; C) the delivered products have been exposed to abnormal conditions or were otherwise handled carelessly or contrary to the instructions of Prime Sportsgear and/or the instructions for use stated on the packaging; D) the defect is fully or partially the consequence of current or future governmental regulations regarding the nature or quality of the materials used.
7.1 Offers are not binding unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer Prime Sportsgear reserves the right to revoke or to deviate from the offer within 3 working days after receipt of such acceptance.
7.3 Verbal agreements shall only bind Prime Sportsgear after an explicit and written confirmation.
7.4 Offers of Prime Sportsgear do not automatically apply to repeat orders.
7.5 Prime Sportsgear cannot be held to its offer if the customer should have understood that the offer or a part thereof, contained an obvious mistake or misprint.
7.6 Any additions, modifications and/or further agreements are effective only if agreed in writing.
8.1 An agreement between Prime Sportsgear and a customer is concluded after an order has been assessed as feasible by Prime Sportsgear.
8.2 Prime Sportsgear reserves the right not to accept orders or contracts without stating reasons, or to accept them only on the condition that this takes place paying cash on delivery or in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc.; including information on weights, dimensions, colours, images of labels, etc. on the website of Prime Sportsgear are only approximate, are indicative and cannot lead to damage compensation or termination of the agreement.
10. Force majeure
10.1 Prime Sportsgear is not liable if and when it cannot fulfil its obligations due to force majeure.
10.2 Force majeure means any outside cause, as well as any circumstance that cannot reasonably be considered its risk. Delay or failure by our suppliers, failures of the Internet, power outages, failures in e-mail traffic and failures of or changes in technology supplied by third parties, transport problems, strikes, government measures, supply delay, negligence by suppliers and/or manufacturers of Prime Sportsgear and of its associated parties, staff sickness, shortcomings in auxiliary tools or means of transport shall explicitly be considered force majeure.
10.3 In the event of force majeure, Prime Sportsgear reserves the right to suspend its obligations while also being entitled to terminate the contract in whole or in part, or to demand that the content of the agreement is amended in such a manner that its performance remains possible. Prime Sportsgear can under no circumstance be held to pay any penalty or compensation for damage.
10.4 If Prime Sportsgear has already partially fulfilled its obligations or can only partially fulfil its obligations when the situation of force majeure occurs, it will be entitled to separately invoice the delivered or deliverable part, and the customer is obliged to pay this invoice as if it were a separate contract. However, this shall not apply if the delivered or deliverable part has no independent value.
11.1 Prime Sportsgear is not liable for damage to vehicles or other property caused by improper use of the products. Always read the instructions on the packaging and/or consult our website before using a product.
12. Retention of title
12.1 Ownership of all products Prime Sportsgear has sold and delivered to the customer shall remain with Prime Sportsgear until the customer has fulfilled the payment claims of Prime Sportsgear under the agreement or similar previous or future agreements, and as long as the customer has not yet complied with the activities to be performed under the agreement or similar agreements and as long as the customer fails to comply with claims of Prime Sportsgear regarding such obligations, including claims regarding penalties, interest and costs, all this as stipulated in Article 3:92 of the Dutch Civil Code.
12.2 The products delivered by Prime Sportsgear that are subject to the title retention clause may only be resold as part of normal business activities and never be used as payment.
12.3 The products delivered by Prime Sportsgear that are subject to the title retention clause may only be resold as part of normal business activities and never be used as payment.
12.4 The customer hereby gives Prime Sportsgear or a third party to be designated by Prime Sportsgear its unconditional and irrevocable consent to all cases in which Prime Sportsgear wishes to exercise its ownership rights, to access all those locations where its property is then located and to take these properties from these locations.
12.5 If third parties impound products supplied subject to the title retention clause, or intend to establish or claim rights to such products, the customer is required to inform Prime Sportsgear thereof as soon as reasonably may be expected.
12.6 The customer undertakes to insure and keep insured the products that are subject to the title retention clause against fire, explosion and water damage as well as against theft and provide Prime Sportsgear with the insurance policy upon the first request thereto.
13. Applicable law / jurisdiction
13.1 All agreements are governed by Dutch law.
13.2 Any disputes arising from an agreement between Prime Sportsgear and the buyer, which cannot be solved by mutual agreement, fall under the jurisdiction of the competent court of the district The Hague unless Prime Sportsgear prefers to present the dispute to the competent court in the place of residence of the buyer, with the exception of the disputes that fall under the competence of the subdistrict court.