General Terms and Conditions of Canterbury Benelux (Prime Sportsgear B.V. registered name), established in Delft.
Version valid from 01-12-2013.
1.1 These general terms and conditions apply to all Prime Sportsgear offers. The conditions are accessible to everyone and included on the Prime Sportsgear website. On 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. Prime Sportsgear reserves the right to change its delivery and / or payment conditions after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by Prime Sportsgear.
1.4 Prime Sportsgear guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling, Prime Sportsgear will execute orders at least within 30 days. If this is not possible (because the order is not in stock or is no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 Prime Sportsgear’s obligation to deliver will, subject to proof to the contrary, be fulfilled as soon as the goods delivered by Prime Sportsgear have been offered to the customer once. In case of home delivery, the carrier’s report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms mentioned 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 typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 If there is 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 (a part of) the delivered goods within a period of 7 working days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to Prime Sportsgear after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to report this in writing to Prime Sportsgear 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. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolve within the meaning of this paragraph lapses. With due observance of the provisions in the previous sentence, Prime Sportsgear will ensure that the full purchase price, including the calculated shipping costs, is refunded to the customer within 30 days of good receipt of the return shipment. 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 the execution of which, with the consent of the consumer, has commenced for a 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 in connection with hygiene or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the delivery of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.2 Prime Sportsgear respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 Prime Sportsgear sometimes uses a mailing list. 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 with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur under the law and / or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer (before returning it to Prime Sportsgear) must immediately report these defects to Prime Sportsgear in writing. Any defects or incorrectly delivered goods must and can be reported to Prime Sportsgear in writing no later than a maximum of 7 days after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage caused by the detection of a defect, encumbrance and / or resale after the detection of a defect, will invalidate this right to complain and return.
6.4 If Prime Sportsgear’s complaints are found to be well-founded by Prime Sportsgear, Prime Sportsgear will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer regarding the compensation, it being understood that Prime Sportsgear’s liability and, if so, the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of Prime Sportsgear) to the maximum in the relevant case covered by Prime Sportsgear’s liability insurance. Any liability of Prime Sportsgear 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 loss of profit.
6.5 Prime Sportsgear is not liable for damage caused intentionally or equivalent deliberate recklessness by non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Prime Sportsgear; B) the customer has repaired and / or processed the delivered goods himself or had them repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly handled or have been treated in violation of Prime Sportsgear’s instructions and / or instructions on the packaging; D) the defect is wholly or partly the result of regulations that the government has made or will make regarding 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, Prime Sportsgear reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Prime Sportsgear after they have been explicitly confirmed in writing.
7.4 Prime Sportsgear offers 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 any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only effective if agreed in writing.
8.1 An agreement between Prime Sportsgear and a customer is concluded after an order assignment by Prime Sportsgear has been assessed on feasibility.
8.2 Prime Sportsgear reserves the right, without giving reasons, not to accept orders or assignments or only to accept them on the condition that the shipment is made by cash on delivery or after prepayment.
9. Pictures and specifications
9.1 All images; photos, drawings, etc .; information about weights, dimensions, colors, labels, etc. on the Prime Sportsgear internet site are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Prime Sportsgear is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of Prime Sportsgear as well as auxiliary persons, illness of personnel, defects in aids or transport equipment are expressly regarded as force majeure.
10.3 Prime Sportsgear reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Prime Sportsgear obliged to pay any fine or compensation.
10.4 If Prime Sportsgear has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as regards it is a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Prime Sportsgear is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and / or consult our website before use.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Prime Sportsgear to the customer remains with Prime Sportsgear as long as the customer has not paid Prime Sportsgear’s claims under the agreement or earlier or later similar agreements, as long as the customer has performed or is yet to perform work from these or similar agreements has not yet been paid and as long as the customer has not yet paid Prime Sportsgear’s claims for failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Prime Sportsgear that fall under the 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 the goods falling under the retention of title or to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Prime Sportsgear or a third party to be appointed by Prime Sportsgear to enter, in all cases where Prime Sportsgear wishes to exercise its property rights, all those places where its properties will be located and those matters to take there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Prime Sportsgear as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Prime Sportsgear upon first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Prime Sportsgear and the buyer, which cannot be resolved by mutual agreement, will be referred to the competent court within the district of The Hague, unless Prime Sportsgear prefers the difference to the competent court. of the domicile of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.