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 definitions apply:
General Terms and Conditions: these general terms and conditions of sale and delivery of Sjeng Sports;
Cooling-off Period: the period of fourteen calendar days calculated from the receipt of the Product(s) by the Consumer, within which the Consumer can exercise his/her right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with Sjeng Sports;
Right of Withdrawal: the possibility for the Consumer to withdraw from the Distance Agreement within the Cooling-off Period;
Products: all products to be delivered by Sjeng Sports to the Consumer under the Agreement;
Sjeng Sports: the brand and trade name under which Dutch Brand House International B.V. offers the Products remotely to the Consumer via the Website, the identity of which is set out in Article 2 of these General Terms and Conditions;
Agreement: an Agreement in which, within the framework of a system organized by Sjeng Sports for the remote sale of Products, up to and including the conclusion of the Agreement, only one or more remote communication techniques are used;
Website: the website www.sjengsports.nl, where the Consumer can order Sjeng Sports Products electronically.
Article 2. Identity of Sjeng Sports
2.1 Dutch Brand House International II B.V.: also trading under the name Sjeng Sports, located in Baarn, the Netherlands, being the user of these General Terms and Conditions
Sjeng Sports (Dutch Brand House International II BV)
Tolweg 6
3741LK Baarn
The Netherlands
Chamber of Commerce: 95738703
VAT: NL867268979B01
Email: support@sjengsports.nl
Article 3: Applicability
3.1 These General Terms and Conditions apply to every offer made by Sjeng Sports, every order placed by the Consumer, and 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 it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the Consumer's request.
3.4 The Consumer is obliged to accept the General Terms and Conditions before concluding the Agreement, failing which no Agreement will be concluded. Placing an order via the Webshop and ticking the text: “I have read and agree to the general terms and conditions of the website” constitutes acceptance of the General Terms and Conditions.
Article 4. Offers
4.1 All offers from Sjeng Sports are without obligation, 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 for this. If an offer changes after the Agreement has been concluded, the Consumer is entitled to dissolve the Agreement and cancel the order, within 10 calendar days after notification of the change of the offer from Sjeng Sports.
4.2 Offers do not automatically apply to backorders and Sjeng Sports reserves the right to change the prices of the offers.
4.3 The duration of all offers is: while stocks last or the duration stated on the Website. If the duration of an offer is exceeded, the offer automatically expires and the Consumer can no longer make use of the offer.
4.4 The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Sjeng Sports uses images, these are a true representation of the Products offered. An obvious mistake or obvious errors in the offer do not bind Sjeng Sports.
Article 5. Orders
5.1 Consumers can order in the ways described on the Website.
5.2 If Sjeng Sports has good reason, Sjeng Sports is entitled to refuse an order or to attach special conditions to the Agreement. In that case, the Agreement will be dissolved or amended respectively. If the Consumer does not agree to the amendment of the Agreement, the Consumer is entitled to dissolve the Agreement and cancel the order, within 10 calendar days after notification of the amendment of 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 inform the Consumer of this no later than seven days after 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 can - within legal frameworks - inform itself whether the Consumer can meet his/her payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Sjeng Sports has good grounds not to enter into the Agreement, Sjeng Sports is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
Article 6. Formation of Agreement
6.1 The Agreement, subject to the provisions of Article 5, is concluded at the moment the Consumer places an order with Sjeng Sports based on Sjeng Sports' offer, whereby the offer is accepted by the Consumer and the Consumer meets the conditions set for it.
6.2 Before the Consumer has the opportunity to proceed with payment for the Products, an overview of the Products selected by him/her will be shown to the Consumer.
6.3 Sjeng Sports will confirm receipt of the order electronically (by e-mail).
6.4 If and insofar as the Agreement is concluded electronically, Sjeng Sports will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer can pay electronically, Sjeng Sports will observe appropriate security measures.
Article 7. Prices, payments and shipping costs
7.1 The prices stated on the Website are in Euros, include VAT and exclude shipping costs, unless stated otherwise or agreed upon in writing.
7.2 A contribution to the shipping costs will be stated separately to the Consumer, prior to the time of ordering. This contribution may depend on the order size, the delivery location and the chosen shipping method.
7.3 After placing an order, the Consumer will immediately receive a confirmation by e-mail containing the total costs, including shipping costs.
7.4 The Consumer can pay for the ordered Products prior to delivery by iDEAL, Paypal or credit card.
7.5 When paying with a credit card, Sjeng Sports reserves the right to check whether the credit card is valid, whether there is sufficient spending limit for debiting the purchase amount and/or whether the Consumer's address details are correct. Sjeng Sports reserves the right to refuse the credit card purchase.
7.6 The Consumer is obliged to report inaccuracies in the provided or stated payment details to Sjeng Sports without delay.
7.7 If the Consumer does not meet his/her payment obligation(s) on time, after Sjeng Sports has pointed out the late payment and Sjeng Sports has granted the Consumer a period of 100 days to still meet his/her payment obligations, after payment has not been made within this 100-day period, he/she will owe the statutory interest on the outstanding amount and Sjeng Sports is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. Sjeng Sports may deviate from the aforementioned amounts and percentages in favor of the Consumer.
Article 8. Delivery and risk
8.1 Sjeng Sports exercises the greatest care when receiving orders and shipping the ordered Products.
8.2 Sjeng Sports ships 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 at home at the time of delivery, Sjeng Sports is entitled to deliver the Products to the Consumer's neighbours. Sjeng Sports strives to execute accepted orders with due speed, but no later than within thirty calendar days after the order has been accepted, unless a different delivery period has been agreed upon.
8.4 In the event that delivery is delayed, or if an accepted and paid order cannot be delivered or can only be partially delivered, the Consumer will be notified thereof no later than thirty calendar days after placing the order. In that case, the Consumer has the right to dissolve the Agreement free of charge. In case of dissolution, Sjeng Sports will refund the amount received as soon as possible, but no later than within two weeks after written dissolution. The Consumer is obliged to take delivery of the purchased Products at the moment they are made available to the Consumer by Sjeng Sports.
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 obliged to take delivery of the Products at the agreed place(s) at the moment that Sjeng Sports delivers them to him or has them delivered, or at the moment they are made available to him according to the Agreement. If the Consumer defaults in this regard, the resulting costs, including the shipping costs mentioned in Articles 7.1 and 7.2, will be for his account.
8.7 If the Consumer refuses or neglects to provide information or instructions necessary for delivery, the Products intended for delivery will be stored at the expense and risk of the Consumer.
8.8 If the Consumer has provided an incorrect address for delivery, Sjeng Sports has the right to charge extra shipping costs to the Consumer.
8.9 Exceeding the delivery times does not entitle the Consumer to compensation, dissolution of the Agreement, or non-fulfilment of any obligation that may arise for the Consumer from this or any other related Agreement, all this subject to the provisions of Article 8.4.
8.10 Sjeng Sports does its best to keep the Website as up-to-date as possible. If a Product is unexpectedly no longer available, Sjeng Sports will contact the Consumer within 30 days after placing the order.
Article 9. Right of withdrawal
9.1 The Consumer has the right to dissolve the Agreement without giving reasons within one hundred (100) calendar days calculated from the day 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 explicitly does not apply if the Product has been manufactured according to the Consumer's specifications and/or if the Product is engraved or personalized.
9.2 During the Cooling-off Period, the Consumer will handle the Product(s) and packaging with care. The Consumer will only unpack or use the Product to the extent necessary to assess whether he wishes to keep the Product. The basic principle here is that the Consumer may only handle and inspect the Product(s) as he would be allowed to do in a store. The Consumer is only liable for any depreciation of the product resulting from handling of the product that goes beyond what is permitted.
9.3 If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must notify Sjeng Sports of his name, the name of the Product, the number of Products, the order number and his claim to the Right of Withdrawal by means of the model form on the Website or in another unambiguous way, for example by e-mail, by letter or by telephone (as mentioned in Article 2). Sjeng Sports will send a confirmation of receipt of the return notification to the Consumer as soon as possible.
9.4 As soon as possible, but no later than 100 days from the day following the notification as referred to in Article 9.3, the Consumer will return the Product to Sjeng Sports. The Consumer has in any case complied with this obligation if he has returned the Product(s) within this period to Sjeng Sports. If the Consumer exercises his Right of Withdrawal, he will return the Product with all delivered accessories and in original condition and packaging to the address of Sjeng Sports. The risk and the burden of proof for the timely and correct exercise of the Right of Withdrawal rests with the Consumer.
9.5 The Consumer bears the costs for returning the Product(s).
9.6 The returned Products must be in a condition corresponding to normal use for fitting purposes, as is customary in a store for fitting, and must be provided with the original labels and/or tags. If a Product has deteriorated in quality and/or the original labels and/or tags have been removed, Sjeng Sports reserves the right to still charge the purchase price of the Product or not to refund it.
9.7 Sjeng Sports will refund the purchase amount and charged shipping costs within fourteen (14) calendar days after the Consumer has registered the return of the Products with Sjeng Sports, provided that the relevant Product is undamaged, unworn, unwashed, unused or unprocessed, and provided with the original packaging and labels. Sjeng Sports will only refund the purchase amount once the Products have been received by Sjeng Sports, or when the Consumer proves that he has returned them.
9.8 If the Consumer has chosen a more expensive method of delivery than standard delivery, Sjeng Sports is not obliged to refund the additional costs for the more expensive method. Sjeng Sports will use the same payment method for the refund as used by the Consumer.
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 conform to the Agreement.
10.3 If the Product(s) do not conform to the Agreement, the Consumer must notify Sjeng Sports thereof as soon as possible and in any case within two months after delivery of the Product to the Consumer, or at least after the observation was reasonably possible, in writing and with reasons.
10.4 Minor deviations in quality, colour, size, weight, finish, design, etc., which are considered permissible in trade or are technically unavoidable, do not constitute grounds for complaints.
10.5 If it has been demonstrated that the Products do not conform to the Agreement, the Consumer has the choice either to have the relevant Products repaired by Sjeng Sports against their return, or to have them replaced by new Products, unless this is impossible or cannot be demanded from Sjeng Sports. In that case, Sjeng Sports will refund the invoice value of the Products to the Consumer, after return of 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) visual material, formats, software, brands, domain names and other materials arising from the Website belong to Dutch Brand House International B.V.
12.2 The Consumer is not entitled to disclose and/or reproduce (parts of) the Website in any way whatsoever. The Consumer may not make changes to the delivered Products unless the nature of the delivered goods indicates otherwise or has been agreed otherwise in writing. The Consumer may only create a hyperlink to the Website if this is done for purely informative purposes to 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 can 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. The administration of Sjeng Sports serves, subject to proof to the contrary, as proof of the requests and/or orders made by the Consumer. The Consumer acknowledges that electronic communication can serve as proof.
13.2 Sjeng Sports is entitled to transfer the rights and obligations from the Agreement with the Consumer to a third party by means of a single notification to the Consumer.
13.3 If one or more provisions of these General Terms and Conditions or any other Agreement with Sjeng Sports should be contrary to any applicable legal provision, the provision concerned 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 the Agreements/disputes arising therefrom are exclusively governed by Dutch law.
14.2 All disputes concerning an Agreement or the execution of an Agreement between the Consumer and Sjeng Sports, which cannot be resolved through mutual consultation between the parties, will be submitted to the competent court in the jurisdiction where the Consumer resides.
Appendix 1: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
To: Sjeng Sports
For the correct return address, please refer to the return information as included in your account on our website.
Email: via this form
I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following products: [product description]*
the supply of the following digital content: [digital content description]*
the provision of the following service: [service description]*,
Ordered on*/received on* [date of order for services or receipt for products]
[Name(s) of consumer(s)]
[Address of consumer(s)]
[Signature(s) of consumer(s)] (only if this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.