Terms and Conditions
Article 1: Definitions
1.1 In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise. User: Hockey Center BV is the user of these general terms and conditions. Consumer: The other party of the user, who is a natural person and does not act in the exercise of a profession or business.
Agreement: The agreement between user and consumer.
Article 2: Applicability
2.1 These conditions apply to all legal relationships between user and consumer, including every offer, quotation and agreement between user and consumer to which the user has declared these conditions applicable, insofar as the parties have not expressly and in writing deviated from these conditions.
2.2 These terms and conditions also apply to all agreements with the user, for the execution of which third parties must be involved.
2.3 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
2.4 If one or more of the provisions in these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain fully applicable. The user and consumer will then enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provision will be taken into account as much as possible.
Article 3: Offers and conclusion of agreement
3.1 Every offer made by the user is without obligation, unless a term for acceptance is expressly stated in or in connection with that quotation.
3.2 The prices in the aforementioned offers/quotations include VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless otherwise agreed.
3.3 The offer is exclusively based on the information provided by the consumer, whereby the user may rely on its accuracy and completeness. The consumer guarantees the accuracy and completeness of the information referred to.
3.4 The agreement between user and consumer is concluded in one of the following ways and times:
a) or, if no order confirmation is sent, at the time when an offer made by the user has been expressly accepted verbally or in writing and unchanged by the consumer;
b) or, if an order confirmation is sent, at the time when the user has received back the order confirmation sent to the consumer and signed for approval by the consumer;
c) or if the order given by the consumer has or has not been preceded by an offer from the user, at the time when the user has started the execution of the order. Each party is nevertheless free to prove that the agreement was concluded in a different manner and/or at a different time.
Article 4: Execution of the agreement
4.1 User will execute the agreement with the care of a good contractor. However, it is not responsible for achieving a specific result. 4.2 The periods specified by the user are always indicative periods and do not apply as strict deadlines. Exceeding these terms does not oblige the user to pay any compensation.
4.3 In the event of late delivery, the user must be given notice of default by the consumer before being in default.
4.4 If and insofar as proper execution of the agreement requires this, the user has the right to have certain work carried out by third parties.
4.5 The consumer ensures that all information that the user indicates is necessary or which the consumer should reasonably understand is necessary for the execution of the agreement, is provided to the user in a timely manner. If the information required for the execution of the agreement has not been provided to the user in a timely manner, the user has the right to suspend the execution of the agreement and/or to charge the consumer for the additional costs resulting from the delay according to the usual rates. .
4.6 Communication between user and consumer can take place (in the context of the execution of the agreement) by means of electronic mail (email). The user may rely on the email address provided by the consumer to determine the accuracy of the email address. A message sent by electronic mail is deemed to have been received by the consumer if the user has received (by means of electronic mail) a confirmation of receipt of the message by the consumer or otherwise appears to have received the message by the consumer. In the event of doubt regarding the accuracy or completeness of a message received by electronic mail, the content of the message sent by the user is decisive.
Article 5: Delivery
5.1 Delivery takes place ex factory/shop/warehouse of the user.
5.2 The consumer is obliged to purchase the goods at the time that the user delivers them to him or has them delivered to him, or at the time when they are made available to him in accordance with the agreement.
5.3 If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the user is entitled to store the goods at the expense and risk of the consumer.
5.4 The transport of the goods takes place at the expense of the user, with the following exceptions: - for orders lower than € 100,- including VAT, where payment is made by credit card, I-deal or prepayment, a variable transport rate applies, depending on weight and scope of the goods, unless expressly agreed otherwise in writing; Transport costs of exceptionally large transport, or of shipments abroad, will be borne by the consumer, unless expressly agreed otherwise in writing.
5.5 The risk of the goods passes to the consumer at the time at which they are legally and/or actually delivered to the consumer and are therefore placed under the control of the consumer or a third party to be designated by the consumer.
5.6 If the maximum delivery time of thirty (30) working days is exceeded, the consumer has the right to terminate the agreement free of charge. For this purpose, the consumer must send an e-mail, fax or letter to the user. In that case, any payments will be returned to the consumer within 30 working days after notification.
Article 6: Price and costs
6.1. The price includes VAT and any costs to be incurred in the context of the agreement.
6.2. The User is entitled to increase this price within three months after conclusion of the agreement, if the price increase is the result of legal regulations or provisions. If the said increase takes place three months after the conclusion of the agreement, this price increase is permitted if the user has stipulated this price increase and it is a result of legal regulations or provisions or the consumer has the authority to terminate the agreement due to this price increase.
6.3. Furthermore, the user is entitled to pass on price increases if the rates regarding, for example, wages or other costs have increased between the time of offer and delivery. If the said increase takes place within three months after concluding the agreement, the consumer is entitled to terminate the agreement.
6.4 Any discounts will only be calculated on the list prices, which will be in line with the market.
Article 7: Payment
7.1 Payment must be made: - by debit card - by credit card - by I-deal - by PayPal or by invoice, provided this has been expressly agreed in writing with the user. When paying by invoice, a payment term of 14 days after the invoice date applies.
7.2 If the consumer fails to make payment within the period of 14 days, the consumer is legally in default. The consumer then owes interest of 1.5% per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the amount due will be calculated from the moment that the consumer is in default until the moment of payment of the full amount, whereby part of a month is counted as a full month.
7.3 In the event of liquidation, bankruptcy, attachment or suspension of payment of the consumer, the user's claims on the consumer are immediately due and the consumer is obliged to immediately inform the user of the liquidation, bankruptcy, attachment or suspension of payment of payment and to enable the user without delay to exercise its retention of title, by immediate voluntary surrender of all property supplied by the user that has remained unpaid in whole or in part.
7.4 The user has the right to have payments made by the consumer firstly deducted from the costs, then from the accrued interest and finally from the principal amount and current interest. The user can, without being in default, refuse an offer of payment if the consumer indicates a different order for the allocation. The User may refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.
7.5 If any payment term is exceeded, the user is entitled to stop further deliveries to the consumer until the full outstanding amount from all agreements concluded with the user has been paid in full. In this case, the user is also entitled to send the following items exclusively cash on delivery.
Article 8: Retention of title
8.1 All goods delivered by the user remain the property of the user until the consumer has fully fulfilled all obligations under all agreements concluded with the user, including previous or older agreements.
8.2 The consumer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
8.3 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the consumer is obliged to inform the user of this as soon as can reasonably be expected. The consumer is also obliged to inform the attaching party and other creditors (who wish to establish or enforce rights to the goods delivered under retention of title) about the legally established retention of title on the goods delivered by the user.
8.4 The consumer 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 upon first request.
8.5 In the event that the user wishes to exercise his ownership rights referred to in this article, the consumer now gives unconditional and irrevocable permission to the user or third parties to be designated by him to enter all those places where the user's property is located and to use it to take back items and the consumer will voluntarily provide all cooperation in surrendering all property supplied by the user.
Article 9: Collection costs
9.1 The following extrajudicial (collection) costs incurred by the user in connection with the consumer's failure to comply or untimely compliance with his payment obligations will be borne by the consumer, after first receiving written notice of payment from the user: - principal sum < 2,500 euros: max. 15% collection costs, min. 40 euros; - principal amount 2,500 – 5,000: max. 10% collection costs, min. 40 euros; - principal amount 5,000 – 10,000: max. 5% collection costs, min. 40 euros; - principal amount 10,000 - 25,000: max. 1% collection costs, min. 40 euros.
9.2 The consumer owes statutory interest on the collection costs incurred.
Article 10: Research, complaints
10.1 Complaints must be reported in writing by the consumer to the user within 14 days of discovery, but no later than 2 months after discovery. The complaint letter must contain as detailed a description of the complaint as possible, so that the user is able to respond adequately.
10.2 If a complaint is justified, the user is entitled, at its own discretion, to either adjust the invoice amount, or to redeliver/perform the product or service in question, or to refund part of the price already paid.
11. Expiration Date
11.1 Without prejudice to the provisions of Article 10, the consumer is obliged if he is or remains of the opinion that the user has not executed the agreement on time, in full or not properly, unless this is already the case on the basis of the provisions of Article
11.2 has occurred - to notify the user in writing without delay and to legally enforce the claims based on it within 14 months after the date of the aforementioned notification, or within 14 months after that notification should have been made, in the absence of of which all rights and claims in this regard lapse upon expiry of the aforementioned period.
Article 12: Suspension and dissolution
12.1 If the consumer does not fulfill any obligation to the user, does not do so properly or in a timely manner, if the consumer has been declared bankrupt or a request for this has been submitted to the court, if the consumer has applied for suspension of payment or this has been granted to him, if the consumer's company is shut down or liquidated, if the consumer's goods are seized, or if the consumer is placed under administration or guardianship, the user has the right to suspend the fulfillment of all his obligations towards the consumer or to terminate the agreement with the consumer , without any notice of default or judicial intervention and without being obliged to pay any compensation, in whole or in part, all this without prejudice to the user's other rights, including those to compensation.
Article 13: Liability
13.1 If the user is liable, this liability is limited to what is regulated in this provision.
13.2 The user's liability for damage to the consumer caused by late, incomplete or improper execution of the agreement is limited to a maximum of the (invoice) amount charged by the user to the consumer for the delivered goods and/or for carrying out the work in which the cause of the damage lies. However, any compensation owed by the user to the consumer will never exceed the amount for which the user's liability is covered by insurance, if applicable. The foregoing is an exception in the event of intent or equivalent gross negligence on the part of the user. In this and the following provisions of this article, the user also includes his employees and any third parties engaged by him in the execution of the assignment.
13.3 The user is not liable for damage caused by the consumer's failure to comply with his information obligation arising from Article 3.3, unless this damage is partly caused by intent or equivalent gross negligence on the part of the user.
13.4 The user is always entitled to limit or undo the consumer's damage as much as possible, to which the consumer will fully cooperate.
13.5 The User is not liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation. The foregoing is an exception in the event of intent or equivalent gross negligence on the part of the user.
Article 14: Force majeure
14.1 Parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to their fault, and which is not their responsibility under the law, a legal act or generally accepted views.
14.2 In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the user has no influence, but as a result of which the user is unable to fulfill the obligations. come. This includes strikes in the user's company.
14.3 In the event of force majeure, the consumer cannot claim any compensation.
14.4 In the event of force majeure, the parties must make an arrangement regarding the execution of the agreement in question.
14.5 If a case of force majeure leads to the agreed date or term being exceeded, the consumer, notwithstanding paragraph 4, has the right to terminate the agreement in question by means of a written statement. This termination does not extend to goods that have already been delivered; these items must be paid by the consumer to the user in accordance with Article 7 of these general terms and conditions.
Article 15: Cooling-off period
15.1 After the consumer has received the product he/she ordered, the consumer has the authority to terminate the underlying agreement with the user within fourteen (14) working days after receipt of this product. The consumer does not have to give a reason for this.
15.2 If the consumer wishes to terminate the agreement in accordance with Article 17.1 of these conditions, the consumer must notify the user of this in writing (via e-mail or letter). The consumer must send the product - after consultation with the user - to a return address determined by the user. This must be done in the original, undamaged packaging. The returned product may not have been worn or used under any circumstances. The consumer must bear the costs and risk of shipping himself.
15.3 If the consumer has already made any payments at the time that the consumer has revoked the agreement with the user in accordance with Articles 17.1 and 17.2 of these purchase conditions, the user will make these payments to the consumer within thirty (30) days after the user has received the product returned by the consumer. refund. The user reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been used or worn or due to the fault of the consumer (other than that of the user or supplier of the product) is damaged.
15.4 If, in the opinion of the user, the product that is returned has suffered damage that is attributable to an act or negligence of the customer or is otherwise at the risk of the consumer, the user will inform the customer of this in writing (via e-mail or letter). ) letting someone know. The user has the right to deduct the depreciation in value of the product as a result of this damage from the amount to be refunded to the consumer.
Article 16: Applicable law and disputes
16.1 The judge in the user's place of business has exclusive jurisdiction to hear disputes, unless mandatory law prescribes otherwise.
16.2 All legal relationships between the user and the consumer to which these general terms and conditions apply are governed by Dutch law. The Vienna Sales Convention is expressly excluded.
Article 17: Location and explanation
17.1 In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. 17.3 The most recently filed version or the version that applied at the time of creation always applies.