Terms And Conditions
General Terms and Conditions of Canterbury Benelux trading under Prime Active Sports BV (statutory name), established in Delft.
Version valid from 01-12-2013.
1.1 These terms and conditions apply to all Canterbury Benelux offers. The conditions are accessible to everyone and included on the Canterbury Benelux website. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Canterbury Benelux reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Canterbury Benelux.
1.4 Canterbury Benelux guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, Canterbury Benelux will execute orders at least within 30 days. If this is not possible (because the ordered item is not in stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order. order and in that case he has the right to cancel the order without costs and notice of default.
2.3 Canterbury Benelux’s obligation to deliver will, subject to proof to the contrary, be fulfilled once the goods delivered by Canterbury Benelux have been offered to the customer. In the case of home delivery, the carrier’s report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Trial period/right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period starts when the ordered goods are delivered. If the customer has not returned the delivered goods to Canterbury Benelux after this period, the purchase is a fact. Before proceeding with the return, the customer is obliged to notify Canterbury Benelux in writing within the period of 7 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, Canterbury Benelux will ensure that the full purchase price, including the calculated shipping costs, is refunded to the customer within 30 days of proper receipt of the return. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
• services whose execution, with the consent of the consumer, has started before the period of seven working days
• goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
• goods that are manufactured according to the consumer’s specifications, for example custom work, or that have a clearly personal character
• for goods or services that cannot be returned due to their nature, for example for hygiene reasons or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the supply of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.2 Canterbury Benelux respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 Canterbury Benelux makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty and Conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and /or the distance contract.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Canterbury Benelux (before proceeding to return it to Canterbury Benelux). Any defects or incorrectly delivered goods must and can be reported in writing to Canterbury Benelux within a maximum of 7 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of the defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void.
6.4 If the customer’s complaints are found to be well-founded by Canterbury Benelux, Canterbury Benelux will, at its option, either replace the goods delivered free of charge or make a written settlement with the customer about compensation, on the understanding that the liability of Canterbury Benelux and, accordingly, the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at Canterbury Benelux’s option) to the maximum amount covered in the relevant case by Canterbury Benelux’s liability insurance. Any liability of Canterbury Benelux for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Canterbury Benelux is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Canterbury Benelux; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Canterbury Benelux and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Canterbury Benelux reserves the right to revoke or deviate from the offer within 3 working days of receipt of such acceptance.
7.3 Verbal promises are binding on Canterbury Benelux only after they have been expressly confirmed in writing.
7.4 Canterbury Benelux offers do not automatically apply to repeat orders.
7.5 Canterbury Benelux cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8.1 An agreement between Canterbury Benelux and a customer is concluded after an order has been assessed for feasibility by Canterbury Benelux.
8.2 Canterbury Benelux reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Pictures and Specifications
9.1 All images; photos, drawings, etc.; eg data regarding weights, dimensions, colours, images of labels, etc. on the Prime Sportsgear internet site are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. Force Majeure
10.1 Canterbury Benelux is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk.
Delay or non-performance by our suppliers, Internet disruptions, electricity disruptions, e-mail disruptions and disruptions or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Prime Sportsgear as well as of auxiliary persons, illness of personnel, defects in auxiliary or means of transport are expressly regarded as force majeure.
10.3 In the event of force majeure, Canterbury Benelux reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Canterbury Benelux obliged to pay any fine or compensation.
10.4 If Canterbury Benelux has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or the deliverable part and the customer is obliged to pay this invoice as it’s a separate contract. However, this does not apply if the part already delivered or to be delivered has no independent value.
11.1 Canterbury Benelux is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by Canterbury Benelux to the customer remains with Canterbury Benelux as long as the customer has not settled the claims of Canterbury Benelux under the agreement or previous or subsequent similar agreements, as long as the customer has performed or still to be performed has not yet fulfilled the work under these or similar agreements and as long as the customer has not yet paid the claims of Canterbury Benelux due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 Goods delivered by Canterbury Benelux which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
12.4 The customer already now gives unconditional and irrevocable permission to Canterbury Benelux or a third party to be appointed by Canterbury Benelux, in all cases in which Canterbury Benelux wishes to exercise its property rights, to enter all those places where its property will then be located and those goods to take there.
12.5 If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Canterbury Benelux as soon as may reasonably be expected.
12.6 The customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Canterbury Benelux on first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Canterbury Benelux and the buyer, which cannot be resolved by mutual agreement, will be settled by the competent court in the district of The Hague, unless Canterbury Benelux prefers to settle the difference with the competent court. of the buyer’s domicile, and with the exception of those disputes that fall within the competence of the subdistrict court.