Swoosh Snowboarding

GENERAL TERMS AND CONDITIONS Swooshsnowboarding

Definitions

1. Swooshsnowboarding: Swooshsnowboarding, located at Burgermeester van Tuinenplein 46 in Kampen, registered with the Chamber of Commerce under number 77934695.
2. Client: the person with whom Swooshsnowboarding has entered into an agreement.
3. Parties: Swooshsnowboarding and client together.
4. Consumer: a client who is also an individual and who acts as a private person.

Applicability of general terms and conditions

APPLICABILITY OF GENERAL TERMS AND CONDITIONS

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and supplies of services or products by or on behalf of Swooshsnowboarding.
2. Parties may only deviate from these conditions if they have explicitly and in writing agreed to do so.
3. Parties exclude the applicability of any additional and/or deviating general terms and conditions of the client or third parties expressly.

Prices

1. All prices used by Swooshsnowboarding are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
2. All prices on Swooshsnowboarding for its products or services, on its website or otherwise made known, Swooshsnowboarding may change at any time.
3. Increases in the cost prices of products or parts thereof, which Swooshsnowboarding could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
4. The consumer has the right to terminate 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.

samples/models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Swooshsnowboarding is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Swoosh Snowboarding.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Swooshsnowboarding may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Swooshsnowboarding against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Swooshsnowboarding, he is still obliged to pay the agreed price to Swooshsnowboarding.

Right of advertising 

1. As soon as the customer is in default, Swooshsnowboarding is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Swooshsnowboarding invokes the right of recovery 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 Swoosh Snowboarding, unless the parties make other agreements about this.
4. The costs of returning or returning the products are the responsibility of the customer.

Right of withdrawal 

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product specially tailored or modified for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
• the product is not a trip, transport ticket, catering assignment or form of leisure activity
• the product is not a loose magazine or newspaper
• it does not concern an (order for) urgent repair
• the consumer has not waived his right of withdrawal

1. The cooling-off period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer receives the first product
• received with a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed that he will purchase digital content via the internet
2. The consumer can make his appeal to the right of withdrawal known via info@Swooshsnowboarding.com, if desired using the withdrawal form that can be downloaded from the website of Swooshsnowboarding, www.Swooshsnowboarding.com.
3. The consumer is obliged to return the product to Swooshsnowboarding within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
4. The costs for returns will only be borne by Swooshsnowboarding if the entire order is returned.
5. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Swooshsnowboarding will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer returned the product to Swooshsnowboarding in a timely manner.

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. Swooshsnowboarding 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 Swooshsnowboarding, 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 Swooshsnowboarding.
3. Swooshsnowboarding is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Swooshsnowboarding against a claim against Swooshsnowboarding.

Retention of title 

1. Swooshsnowboarding remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Swooshsnowboarding under any agreement concluded with Swooshsnowboarding, including claims for non-compliance.
2. Until then, Swooshsnowboarding can invoke 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 Swooshsnowboarding invokes its retention of title, the agreement is deemed to have been dissolved and Swooshsnowboarding has the right to claim compensation, lost profit and interest. 

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Swooshsnowboarding, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 
4. If the agreed amounts are not paid or not paid on time, Swooshsnowboarding 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 object to Swooshsnowboarding for a late delivery.

Delivery time 

1. The delivery times stated by Swooshsnowboarding 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 starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Swooshsnowboarding.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Swooshsnowboarding cannot deliver within 14 days after being notified 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 in time.

Transportation costs 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Swooshsnowboarding cannot be held liable for any damage .
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Swooshsnowboarding, failing which Swooshsnowboarding cannot be held liable for any damage.

custody 

1. 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.
2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage resulting from 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.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.

disclaimer

The customer indemnifies Swooshsnowboarding against all third-party claims related to the products and/or services supplied by Swooshsnowboarding.

Complaints

1. The customer must examine a product or service provided by Swoosh Snowboarding as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Swooshsnowboarding of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Swooshsnowboarding within 2 months after the discovery of the shortcomings.
4. The customer provides a detailed description of the shortcoming, so that Swooshsnowboarding is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Swooshsnowboarding being forced to perform other work than has been agreed.

Notice of default

1. The customer must notify Swooshsnowboarding of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Swooshsnowboarding (in time).

Joint and several liability customer

If Swooshsnowboarding enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Swooshsnowboarding under that agreement.

Liability Swoosh snowboarding

1. Swooshsnowboarding 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 Swooshsnowboarding is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
3. Swooshsnowboarding is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Swooshsnowboarding is liable, this liability is limited to the amount 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 the (part of the) invoice amount on which the liability is concerned.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Swooshsnowboarding 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 Snowboarding imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Swooshsnowboarding is not permanently or temporarily impossible, dissolution can only take place after Swooshsnowboarding is in default.
3. Swooshsnowboarding 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 Swooshsnowboarding has become aware of circumstances that give it good grounds to fear that the customer will not properly fulfill its obligations. will be able to fulfill.

Force of the majority

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Swooshsnowboarding in the fulfillment of any obligation towards the customer cannot be attributed to Swooshsnowboarding in a situation independent of the will of Swooshsnowboarding, 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 from Swooshsnowboarding.
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 occurs as a result of which Swooshsnowboarding cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Swooshsnowboarding 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 whole or in part in writing.
5. Swooshsnowboarding 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.

Change of the agreement 

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of general terms and conditions

1. Swooshsnowboarding is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Swooshsnowboarding will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate 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 Swooshsnowboarding.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Swooshsnowboarding had in mind when drawing up the 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 Swooshsnowboarding has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between parties, unless the law prescribes otherwise.

Drafted September 12, 2022.