Terms and conditions TD sportswear.
Dronten, KvK 67100341.
Version 30th of August 2017.
- These terms and conditions apply to any offer of TD sportswear and to any agreement between customers and TD sportswear. The terms are accessible to everybody on the TD sportswear website. We can send you a written copy on request.
- By placing an order, you acknowledge that you agree with the delivery and payment terms. TD sportswear reserves the right to change its delivery and/or payment terms when they are not adhered to.
- Unless otherwise agreed in writing, the general or specific terms of third parties are not recognized by TD sportswear.
- TD sportswear guarantees that the delivered product complies with the agreement and with the specifications that are stated in the offer.
- Delivery of products takes place while inventory lasts.
- Within the framework of the purchase rules, TD sportswear carries out orders within 30 days, unless another delivery time has been agreed on. If delivery within 30 days or an alternative delivery time is not possible (because a product is out of stock, no longer available or not available due to other reasons) the customer will receive a message within 30 days and will have the right to cancel the order and get back their payment.
- The delivery obligation of TD sportswear is met when the products are offered to the customer once. In case of home delivery, the customer’s signature is binding, excluding the refusal of an order.
- All terms mentioned on the website are binding. Consequently, no rights can be derived from the displayed terms.
- Prices will not increase within the duration of any offer unless legal measures make this necessary or if our suppliers increase their prices.
- All prices on the website are subject to typing and printing errors. No liability is accepted for the consequences of printing and typing errors.
- All webshop prices on the website include 21% VAT. All custom products are excluding 21% VAT.
4. Time for consideration/withdrawal right
- If there is a consumer purchase, in accordance with the law ‘verkopen op afstand (artikel 7:5 BW), the buyer has the right to return (a part of) the delivered goods within a period of 14 working days without giving a reason. This period begins at the time the ordered items have been delivered. The customer is obliged to report to TD sportswear within 14 days after the goods have been delivered in case of returning any goods. If the customer has not reported to use the legal time for consideration of 14 days, the purchase becomes unrefundable.
- During the time for consideration, customers will carefully handle the product and the package. The customer will only extract or use the product to the extent that is necessary to assess the nature, characteristics, and functioning of the product. If the customer makes use of its right of withdrawal, the customer has to return the product within 28 days after delivery in accordance with the reasonable and clear instructions provided by TD sportswear.
- The customer must prove that the goods have been returned in time, for example by post delivery proof. Returning goods must be packed in the original packaging (including accessories and accompanying documentation) and must be in the original If the goods have been used by the customer, or have been damaged in any way, TD sportswear reserves the right to decrease the product value. Taking into account the previous sentence, TD sportswear refunds within 14 days after receipt of the return shipment or 14 days after proof of return (the shipping ticket must explicitly mention the return shipping date). Upon return of the entire purchase, the full purchase including any calculated shipping and/or payment costs will be refunded to the customer. Upon return of only a part of the purchased products, only the value of these products will be refunded. Additional costs due to a more expensive shipping method than our standard shipment will never be refunded.
- The return of the delivered goods is entirely at the expense and the risk of the customer.
- If you place an order at TD sportswear, your personal information will be added to our customer base. TD sportswear takes full account of the law ‘’personal data registration’’ and will not share your personal information with third parties.
- TD sportswear respects the privacy of the users of our website and ensures the confidentiality of your personal information as best as it can.
- TD sportswear sends e-mails with information that we believe to be useful to customers and website visitors after purchases and registration. Every email contains a ‘’remove me from this mailing list’’ button.
6. Warranty and Conformity
- TD sportswear ensures that the products and/or services comply with the agreement, the specified specifications, the reasonable requirements of validity and/or usability and the government regulations and/or legal provisions at the date of the purchase.
- A warranty offered by TD sportswear, manufacturer or importer, does not affect the rights and claims that the customer may conduct under the law and/or remote purchase.
- If it appears that the delivered product is incorrect or incomplete, then the customer (before returning to TD sportswear) must report these defects within two months after purchase. Returning products must be packed in the original packaging (including accessories and accompanying documentation). Utilization of products after discovery of defects, damage occurred after discovery of defects, resale after discovery of defects will lead to the expiry of the warranty on the purchased products.
- If the customers’ complaints are substantiated by TD sportswear, will TD sportswear repair or replace the products at no cost. Any liability of TD sportswear in case of damage is limited to the maximum amount of the invoice of the purchased products and/or services or the maximum amount covered by liability assurance of TD sportswear in the particular case (chosen by TD sportswear). Any liability of TD sportswear for any other form of damage is excluded, including TD sportswear compensation in any form, compensation for indirect damage or consequential damage or damage due to loss of profits.
- TD sportswear is not liable for damage caused by intent or recklessness of non-executive personnel.
- This warranty does not apply if: A) and as long the customer is in default towards TD sportswear; B) the customer has repaired and/or processed a product or have had it repaired by third parties. C) the goods delivered have been exposed to unusual circumstances, have been treated with carelessness or in violation of the instructions displayed on the packaging and products of TD sportswear.
- Offers are non-binding, unless stated otherwise in the offer.
- When accepting a free offer by the customer, TD sportswear reserves the right to withdraw or adjust the offer within 3 working days after acceptance by the customer.
- Oral commitments are only binding to TD sportswear after they have been confirmed explicit in writing.
- Offers of TD sportswear do not automatically apply for reorders and follow-up orders.
- TD sportswear can not be held to its offer if the offer, or any part of the offer, contains a clear mistake or clerical error.
- Addenda, changes and/or further agreements are only valid if agreed in writing.
8. Images and specifications
- All images; pictures, drawing etc.; including data on weights, dimensions, colors, images of labels, etc. on the TD sportswear website are only approximates, are indicative and can not be the reason for compensation or dissolution of the agreement.
9. Circumstances beyond one’s control
- TD sportswear is not liable if its commitments can not be met as a result of force majeure.
- Force majeure means every strange cause, as well as any circumstance that happens, are beyond one’s control. Delay or malfunctions by our suppliers, internet failures, electricity failures, electronic mail malfunctions and malfunctions in third party supplied technology, transport, employee strikes, governmental measures, delays in supply, errors by suppliers, staff illness and defects in transport are regarded as force majeure.
- TD sportswear reserves the right to cancel its agreements in case of force majeure,has the right to cancel the agreement with a customer in whole or in part, and has the right to change the agreement with a customer so that the execution of the order remains possible. In no event is TD sportswear liable for any fines or damage restitution.
- If TD sportswear already met a part of the agreement or the whole agreement when the force majeure occurs, TD sportswear has the right to invoice the delivered items and the customer is obliged to pay the mentioned amount in the invoice. However, this does not apply if the already delivered product does not have an independent value.
- TD sportswear is not liable for damage to the delivered products as a result of incorrect usage of the products. Before use, read the instructions on the packaging and/or consult our website.
11. Retention of title
- Ownership of all goods sold by TD sportswear to the customer are kept in possession of TD sportswear as long as the customer has not fulfilled the purchase-agreement or similar agreements.
- The products sold by TD sportswear that are subject to the retention of title may only be resold under normal business practice and may never be used as a means of payment.
- The customer is not authorized to sell products that are subject to the retention of title.
- The customer gives unconditional and irrevocable permission to TD sportswear or to a third party appointed by TD sportswear, to let TD sportswear use its proprietary rights in all cases, and gives TD sportswear the right to enter all places in where its property is stored and to take away all of these goods.
- If third parties confiscate under retention of title delivered goods or claim rights to them, the buyer is obliged to inform TD sportswear as soon as possible.
- The buyer is obliged to be insured against fire, explosion, and water damage, as well as theft for the under retention of title delivered goods. The customer is obliged to show insurance if TD sportswear requests access to this information.
- TD has the ownership of all patterns and designs. TD has the right to use these patterns and designs for new purposes at all time.
12. Applicable law/competent court
- All agreements are subject to Dutch law.
- Disputes arising from an agreement between TD sportswear and a buyer which can not be resolved by mutual agreement, will be judged by the competent court in the region Midden Nederland, unless TD sportswear prefers to submit the dispute to the competent court of the buyer’s residence, except those disputes that fall within the jurisdiction of the district court judge.