Football Basics - Terms and Conditions
Definitions 1. Football Basics: Football Basics vof, established in Voorburg under Chamber of Commerce number 78085691. 2. Customer: the person with whom Football Basics has entered into an agreement. 3. Parties: Football Basics and the customer together. 4. Consumer: a customer who is also an individual and who acts as a private person. Applicability of general terms and conditions 1. These terms and conditions apply to all offers, activities, orders, agreements and deliveries of services or products by or on behalf of Football Basics. 2. The parties can only deviate from these terms and conditions if they have expressly agreed this in writing. 3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties. Prices 1. All prices used by Football Basics are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly agreed otherwise. 2. All prices used by Football Basics for its products or services, on its website (www.footballbasics.nl) or otherwise made known, Football Basics can change at any time. 3. Increases in the cost prices of products or parts thereof, which Football Basics could not foresee at the time the offer was made or the agreement concluded, may give rise to price increases. 4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation. 5. The price with regard to a service is determined by Football Basics on the basis of the hours actually spent. 6. The price is calculated according to the usual hourly rates of Football Basics, valid for the period in which it performs the work, unless a different hourly rate has been agreed. 7. If the parties have agreed on a total amount for a service provided by Football Basics, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be rejected. 8. Football Basics is entitled to deviate up to 10% from the target price. 9. If the target price is more than 10% higher, Football Basics must inform the customer in good time why a higher price is justified. 10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%. 11. Football Basics has the right to adjust the prices annually. 12. Prior to its commencement, Football Basics will communicate price adjustments to the customer. 13. The consumer has the right to terminate the agreement with Football Basics if he does not agree with the price increase. Payments and term of payment 1. Football Basics may require a down payment of up to 50% of the agreed amount upon entering into the agreement. 2. The customer must make payments afterwards within 7 days after delivery of the product. 3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Football Basics having to send the customer a reminder or to give notice of default. 4. Football Basics reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products. Consequences of late payment 1. Participation in services can only take place if at least 50% of the agreed amount has been paid. 2. If the customer does not pay on time, Football Basics may suspend its obligations until the customer has fulfilled its payment obligations. 3. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Football Basics. 4. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. Right of recovery 1. As soon as the customer is in default, Football Basics is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer. 2. Football Basics 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 immediately return the products to which this right relates to Football Basics in undamaged condition, unless the parties make other arrangements about this. 4. The costs for bringing back or returning the products will be borne by the customer. Right of withdrawal 1. A consumer can dissolve an online purchase during a cooling-off period of 14 days without giving any reason, provided that: a. the product has not been used b. it is not a product that has been specially tailored or adapted for the consumer c. it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) d. the product is a form of leisure e. the consumer has not waived his right of withdrawal 2. The cooling-off period of 14 days as referred to in paragraph 1 commences: a. on the day after the consumer has received the last product or part of 1 order b. as soon as the consumer has received the first product with a subscription c. as soon as the consumer has purchased the service for the first time 3. The consumer can make his appeal to the right of withdrawal known via info@footballbasics.nl. 4. The consumer is obliged to return the product to Football Basics 14 days after making known his right of withdrawal, in the event of defects of which his right of withdrawal will lapse. 5. The costs for returns will only be borne by Football Basics if the entire order is returned. 6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Football Basics will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that that the consumer has returned the product to Football Basics in time. 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. Right of retention 1. Football Basics can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Football Basics, 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 Football Basics. 3. Football Basics is never liable for any damage that the customer may suffer as a result of using his right of retention. Offset Unless the customer is a consumer, the customer waives his right to set off a debt to Football Basics against a claim against Football Basics. Retention of title 1. Football Basics remains the owner of all delivered products until the customer has fully complied with its payment obligations towards Football Basics on the basis of whatever agreement concluded with Football Basics, including claims regarding failure to comply. 2. Until then, Football Basics can revoke its retention of title and take back the goods. 3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. 4. If Football Basics invokes its retention of title, the agreement is deemed to have been dissolved and Football Basics has the right to claim compensation, lost profit and interest. Delivery 1. Delivery takes place while stocks last. 2. Delivery takes place at Footbal Basics, unless the parties have agreed otherwise. 3. Delivery of products ordered online will take place at the address indicated by the customer. 4. If the agreed amounts are not paid or not paid on time, Football Basics has the right to suspend its obligations until the agreed part has been paid. 5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Football Basics. Delivery time 1. The delivery times specified by Football Basics are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing. 2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from Football Basics. 3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Football Basics cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise. Actual delivery The customer must ensure that the actual delivery of the products ordered by him can take place on time. Transport costs Transport costs are for the account of the customer, unless the parties have agreed otherwise. Insurance 1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft: a. delivered items that are necessary for the implementation of the underlying agreement b. items of Football Basics that are present at the customer c. goods that have been delivered under retention of title 2. At the first request of Football Basics, the customer shall provide the policy of these insurance policies for inspection. Storage If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer. Guarantee 1. When the parties have entered into an agreement of a service nature, this only contains an obligation of effort for Football Basics, no obligation of result. 2. The product warranty only applies to defects caused by faulty) manufacturing, construction or material. 3. The guarantee does not apply in the case of normal wear and tear and damage caused by 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. 4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when legally and/or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer. Exchange 1. Exchange is only possible if the following conditions are met: a. exchange takes place within 14 days after purchase against presentation of the original invoice b. the product is returned in its original packaging or with the (price) tags still attached c. the product has not yet been used 2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged. Execution of the agreement 1. Football Basics will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 2. Fooball Basics has the right to have the agreed services (partially) performed by third parties. 3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance from the customer. 4. It is the responsibility of the customer that Football Basics can start the implementation of the agreement in time. 5. If the customer has not ensured that Football Basics can start the implementation of the agreement in time, the resulting extra costs and/or extra hours will be borne by the customer. Provision of information by the customer 1. The customer shall make available to Football Basics all information, data and documents that are relevant to the correct execution of the agreement, in time and in the desired form and manner. 2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise. 3. If and insofar as requested by the customer, Football Basics will return the relevant documents. 4. If the customer does not make the information, data or documents reasonably required by Football Basics available, or does not do so in time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer. . Duration of the agreement The duration of the agreement is fixed in advance and if it is necessary to deviate from this, Football Basics will inform the customer in good time. Indemnification The customer indemnifies Football Basics against all third-party claims related to the products and/or services supplied by Football Basics. Complaints 1. The customer must examine a product or service provided by Football Basics as soon as possible for possible shortcomings. 2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Football Basics of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings. . 3. Consumers must inform Football Basics of this within 1 week after the discovery of the shortcomings. 4. The customer provides a description of the shortcoming in as much detail as possible, so that Football Basics is able to respond adequately. 5. The customer must demonstrate that the customer relates to an agreement between the parties. 6. If a customer relates to ongoing work, this can in any case not lead to Football Basics being obliged to perform other work than has been agreed. Notice of default 1. The customer must notify Football Basics of notice of default in writing. 2. It is the responsibility of the customer that a notice of default actually reaches Football Basics (in time). Joint and several liability customer If Football Basics enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Football Basics under that agreement. Liability Football Basics 1. Football Basics 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 Fotbal Basics is liable for any damage, it is only liable for direct damage resulting from or related to the execution of the agreement. 3. Football Basics is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties. 4. If Football Basics is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates. 5. Football Basics is never liable for damage to or loss of personal belongings during the execution of the agreement. Expiry period Any right of the customer to compensation from Football Basics expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code. Right to dissolution 1. The customer has the right to dissolve the agreement if Football Basics imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance. 2. If the fulfillment of the obligations by Football Basics is not permanently or temporarily impossible, dissolution can only take place after Football Basics is in default. 3. Football Basics has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Football Basics has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations. Force majeure 1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Football Basics in the fulfillment of any obligation towards the customer cannot be attributed to Football Basics in a situation independent of the will of Football Basics. , 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 of Football Basics. 2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. 3. If a force majeure situation arises as a result of which Football Basics cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Football Basics can meet them again. 4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 5. Football Basics does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation. Amendment of the agreement If it appears necessary to change or supplement the content of the agreement for the purpose of entering into the agreement, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation. Amendment of general terms and conditions 1. Football Basics is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time. 3. Major substantive changes will be discussed by Football Basics with the customer in advance as much as possible. 4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. Transfer of rights 1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Football Basics. 2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code. Consequences of nullity or voidability 1. If one or more provisions of these general terms and conditions appear 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 Football Basics had in mind when drawing up the terms and conditions on that point. Applicable law and competent court 1. Dutch law applies exclusively to every agreement between the parties. 2. The Dutch court in the district where Football Basics is located has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise. Drawn up on 20 May 2020 and filed with the Chamber of Commerce.