General Terms and Conditions
General Terms and Conditions of Sale and Delivery for Consumers Sjeng Sports
Article 1. Definitions
1.1 In these General Terms and Conditions the following terms shall have the following meanings:
General Terms and Conditions: these general terms and conditions of sale and delivery of Sjeng Sports;
Reflection period: the period of fourteen calendar days from the receipt of the Product(s) by the Consumer, within which the Consumer can make use of his/her right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an Agreement with Sjeng Sports;
Right of withdrawal: the option for the Consumer to cancel the Distance Agreement within the Reflection Period;
Products: all products supplied by Sjeng Sports to the Consumer under the Agreement;
Sjeng Sports: the brand and trade name under which Dutch Brand House International BV offers the Products remotely to the Consumer via the Website, the identity of which is shown in Article 2 of these General Terms and Conditions;
Agreement: an Agreement whereby, within the framework of a system organised by Sjeng Sports for the distance sale of Products, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the Agreement;
Website: the website www.sjengsports.nl, where Consumers can order Sjeng Sports Products electronically.
Article 2. Identity of Sjeng Sports
2.1 Dutch Brand House International BV: also trading under the name Sjeng Sports, established in Baarn, the Netherlands, being the user of these General Terms and Conditions
Address: Tolweg 6, in (3741 LK) Baarn
Phone number: 0355430767
Email address: info@sjengsports.nl
Chamber of Commerce number: 57964092
VAT number: NL852812607B01
Article 3: Applicability
3.1 These General Terms and Conditions apply to every offer from Sjeng Sports, every order from the Consumer and to every Agreement concluded between Sjeng Sports and the Consumer.
3.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer.
3.3 If the Agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, the Consumer will be informed where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge to the Consumer electronically or otherwise upon request.
3.4 The Consumer is obligated to accept the General Terms and Conditions before concluding the Agreement; failing this, no Agreement will be concluded. Placing an order through the Webshop and checking the box "I have read and agree to the website's terms and conditions" constitutes acceptance of the General Terms and Conditions.
Article 4. Offers
4.1 All offers from Sjeng Sports are non-binding, unless expressly stated otherwise, and may be revoked by Sjeng Sports. Sjeng Sports expressly reserves the right to change prices if a change in the VAT rate gives cause to do so. If an offer changes after the Agreement has been concluded, the Consumer is entitled to terminate the Agreement and cancel the order within 10 calendar days of notification of the change to the offer from Sjeng Sports.
4.2 Offers do not automatically apply to repeat orders and Sjeng Sports reserves the right to change the prices of the offers.
4.3 The validity period for all offers is: while supplies last, or the validity period stated on the Website. If the validity period of an offer is exceeded, the offer automatically expires and the Consumer can no longer take advantage of the offer.
4.4 The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer. If Sjeng Sports uses images, these must be a true representation of the Products offered. Obvious errors or mistakes in the offer are not binding on Sjeng Sports.
Article 5. Orders
5.1 Consumers can order in the ways described on the Website.
5.2 If Sjeng Sports has valid reasons, it is entitled to refuse an order or to attach special conditions to the Agreement. In that case, the Agreement will be terminated or amended. If the Consumer does not agree to the amendment to the Agreement, the Consumer is entitled to terminate the Agreement and cancel the order within 10 calendar days of notification of the amendment to Sjeng Sports' offer.
5.3 If Sjeng Sports does not accept an order or if Sjeng Sports wishes to attach special conditions to the Agreement, Sjeng Sports will notify the Consumer of this within seven days of receipt of the order.
5.4 Sjeng Sports will in any case not accept orders if Sjeng Sports cannot determine the Consumer's residential address.
5.5 Sjeng Sports may, within legal frameworks, investigate whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If, based on this investigation, Sjeng Sports has good reason not to enter into the Agreement, Sjeng Sports is entitled to reject an order or request with reasons or to impose special conditions on its execution.
Article 6. Establishment of Agreement
6.1 Subject to the provisions of Article 5, the Agreement shall be concluded at the time the Consumer places an order with Sjeng Sports based on the offer from Sjeng Sports, whereby the offer is accepted by the Consumer and the Consumer complies with the conditions set therein.
6.2 Before the Consumer is given the opportunity to pay for the Products, the Consumer will be shown an overview of the Products selected by him.
6.3 Sjeng Sports will confirm receipt of the order electronically (by e-mail).
6.4 If and to the extent the Agreement is concluded electronically, Sjeng Sports will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, Sjeng Sports will implement appropriate security measures.
Article 7. Prices, payments and shipping costs
7.1 The prices stated on the Website are in Euros, including VAT and excluding shipping costs, unless otherwise stated or agreed in writing.
7.2 A contribution towards shipping costs will be communicated separately to the Consumer prior to ordering. This contribution may depend on the order size, delivery location, and chosen shipping method.
7.3 After placing an order, the Consumer will immediately receive a confirmation by email stating the total costs, including shipping costs.
7.4 Consumers can pay for the ordered Products prior to delivery by means of iDEAL, Paypal or credit card.
7.5 When paying by credit card, Sjeng Sports reserves the right to verify that the credit card is valid, that there is sufficient credit available to debit the purchase amount, and/or that the Consumer's address information is correct. Sjeng Sports reserves the right to refuse the credit card purchase.
7.6 The Consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to Sjeng Sports.
7.7 If the Consumer fails to meet their payment obligation(s) on time, after Sjeng Sports has notified them of the late payment and granted the Consumer 100 days to meet their payment obligations, if payment is not made within this 100-day period, they will owe statutory interest on the outstanding amount, and Sjeng Sports will be entitled to charge the Consumer for any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Sjeng Sports may deviate from the stated amounts and percentages to the benefit of the Consumer.
Article 8. Delivery and risk
8.1 Sjeng Sports takes the utmost care when receiving orders and sending the ordered Products.
8.2 Sjeng Sports will ship accepted and paid orders as quickly as possible in order of receipt.
8.3 The order will be delivered to the address specified by the Consumer. If the Consumer is not home at the time of delivery, Sjeng Sports is entitled to deliver the Products to the Consumer's neighbors. Sjeng Sports strives to fulfill accepted orders as quickly as possible, but no later than thirty calendar days after the order has been accepted, unless a different delivery period has been agreed upon.
8.4 If delivery is delayed, or if an accepted and paid order cannot be delivered or can only be delivered in part, the Consumer will be notified of this no later than thirty calendar days after placing the order. In that case, the Consumer has the right to terminate the Agreement without charge. In the event of termination, Sjeng Sports will refund the amount received as soon as possible, but no later than two weeks after written notice of termination. The Consumer is obligated to accept the purchased Products when Sjeng Sports makes them available to the Consumer.
8.5 The risk of damage and/or loss of the Products rests with Sjeng Sports until the moment of delivery to the Consumer at the specified address, unless expressly agreed otherwise.
8.6 The Consumer is obligated to accept the Products at the agreed location(s) when Sjeng Sports delivers them or has them delivered, or when they are made available to them under the Agreement. If the Consumer fails to do so, the resulting costs will be borne by them, including the shipping costs referred to in Articles 7.1 and 7.2.
8.7 If the Consumer refuses or fails to provide information or instructions necessary for delivery, the Products intended for delivery will be stored at the Consumer's expense and risk.
8.8 If the Consumer has provided an incorrect address for delivery, Sjeng Sports has the right to charge the Consumer additional shipping costs.
8.9 Exceeding delivery times does not entitle the Consumer to compensation, termination of the Agreement or non-compliance with any obligation that may arise for the Consumer from this or any other related Agreement, except as provided in Article 8.4.
8.10 Sjeng Sports strives to keep the Website as up-to-date as possible. If a Product is unexpectedly unavailable, Sjeng Sports will contact the Consumer within 30 days of placing the order.
Article 9. Right of withdrawal
9.1 The Consumer has the right to cancel the Agreement without giving reasons within one hundred (100) calendar days from the date of receipt of the Product or the last Product of all Products if multiple Products were ordered in the same order. The Right of Withdrawal expressly does not apply if the Product has been produced in accordance with the Consumer's specifications and/or if the Product is engraved or personalized.
9.2 During the Reflection Period, the Consumer will handle the Product(s) and packaging with care. The Consumer will only unpack or use the Product(s) to the extent necessary to assess whether they wish to keep it. The basic principle here is that the Consumer may only handle and inspect the Product(s) as they would be allowed to do in a store. The Consumer is solely liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted.
9.3 If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must provide their name, the name of the Product, the quantity of Products, and the order number, along with their request for the Right of Withdrawal, using the model form on the Website or in another unambiguous manner, such as by email, letter, or telephone (as stated in Article 2). Sjeng Sports will send the Consumer an acknowledgement of receipt of the return notification as soon as possible.
9.4 As soon as possible, but no later than 100 days from the day following the notification referred to in Article 9.3, the Consumer shall return the Product to Sjeng Sports. The Consumer shall have fulfilled this obligation if the Product(s) have been returned to Sjeng Sports within this period. If the Consumer exercises their Right of Withdrawal, they shall return the Product(s) with all accessories supplied and in their original condition and packaging to Sjeng Sports's address. The risk and burden of proof for exercising the Right of Withdrawal in a timely and correct manner rests with the Consumer.
9.5 The Consumer shall bear the costs of returning the Product(s).
9.6 Returned Products must be in a condition consistent with normal use for trying on items, as is customary in-store, and must include the original tags and/or labels. If a Product has deteriorated in quality and/or the original tags and/or labels have been removed, Sjeng Sports reserves the right to charge the purchase price of the Product or not to refund it.
9.7 Sjeng Sports will refund the purchase price and any shipping costs charged within fourteen (14) calendar days after the Consumer has registered the return of the Products with Sjeng Sports, provided that the Product in question is undamaged, unworn, unwashed, unused, unprocessed, and includes the original packaging and labels. Sjeng Sports will only refund the purchase price once the Products have been received by Sjeng Sports, or once the Consumer proves that they have returned them.
9.8 If the Consumer has chosen a more expensive delivery method than standard delivery, Sjeng Sports is not obligated to reimburse the additional costs for the more expensive method. Sjeng Sports will use the same payment method the Consumer used for the refund.
Article 10. Complaints
10.1 Sjeng Sports has a complaints procedure, as stated on the Website. Sjeng Sports handles Consumer complaints in accordance with this complaints procedure.
10.2 Sjeng Sports has the obligation to deliver Products that comply with the Agreement.
10.3 If the Product(s) do not comply with the Agreement, the Consumer must notify Sjeng Sports of this in writing and with reasons as soon as possible and in any case within two months after delivery of the Product to the Consumer, or after the discovery could reasonably have been made.
10.4 Minor deviations in quality, colour, size, weight, finish, design, etc. that are commercially permissible or technically unavoidable do not constitute grounds for complaints or claims.
10.5 If it is demonstrated that the Products do not conform to the Agreement, the Consumer may choose to have the Products in question repaired by Sjeng Sports upon their return, or to have them replaced with new Products, unless this is impossible or cannot be reasonably expected of Sjeng Sports. In that case, Sjeng Sports will refund the invoice value of the Products to the Consumer after returning the Products already received.
Article 11. Retention of title
11.1 Sjeng Sports remains the full owner of the delivered Product(s) until the purchase price has been paid in full.
Article 12. Intellectual Property Rights
12.1 The Intellectual Property Rights relating to texts, images, design, data files, photos and other (still or moving) images, formats, software, brands, domain names and other materials arising from the Website are held by Dutch Brand House International BV
12.2 The Consumer is not authorized to publish (parts of) the Website in any way and/or reproduce it in any way whatsoever. The Consumer may not make any changes to the delivered Products unless the nature of the delivered Products dictates otherwise or unless otherwise agreed in writing. The Consumer may only create a hyperlink to the Website if this is done for purely informational purposes for Consumers. Creating a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.
Article 13. Miscellaneous
13.1 Any deviations from these General Terms and Conditions may only be agreed upon in writing between Sjeng Sports and the Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements. Sjeng Sports' records will serve as proof of requests and/or orders submitted by the Consumer, unless proven otherwise. The Consumer acknowledges that electronic communication may serve as evidence.
13.2 Sjeng Sports is entitled to transfer the rights and obligations arising from the Agreement with the Consumer to a third party by a single notification to the Consumer.
13.3 If one or more provisions of these Terms and Conditions or any other Agreement with Sjeng Sports are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new, legally permissible provision to be determined by Sjeng Sports.
Article 14. Applicable law and competent court
14.1 These General Terms and Conditions and any Agreements/disputes arising from them are exclusively governed by Dutch law.
14.2 All disputes relating to an Agreement or the performance of an Agreement between the Consumer and Sjeng Sports, which cannot be resolved by mutual agreement between the parties, will be submitted to the competent court in the jurisdiction in which the Consumer resides.
Appendix 1: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to cancel the agreement)
To: Sjeng Sports
For the correct return address, please check the return information included in your account on our website.
Email: via this form
I/We* hereby inform you that I/we* terminate our agreement concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [designation of digital content]*
the performance of the following service: [service designation]*,
revokes/revoked*.
Ordered on*/received on* [date of ordering services or receiving products]
[Consumer name(s)]
[Consumer's address]
[Consumer(s) Signature] (only when this form is submitted on paper)
* Cross out what does not apply or fill in what applies.