JUSTPADEL GENERAL CONDITIONS
1. Applicability
1. In these General Terms and Conditions the following definitions apply:
'Buyer'
Any natural person or legal entity that has or will have a contractual relationship of any kind with Justpadel.nl.
'Consumer Buyer'
Any natural person who is not acting in the exercise of his or her profession or business who has or will have a contractual relationship of any kind with Justpadel.nl.
'Products'
The subject of one or more agreements.
2. These General Terms and Conditions apply to all offers from Justpadel.nl as well as to all agreements entered into with Justpadel.nl.
3. In addition to these General Terms and Conditions, additional terms and conditions may apply to certain services and/or products, if expressly stated. If there are any differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will in principle apply above the General Terms and Conditions, unless otherwise stated.
4. One or more provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing. In that case, the other provisions of these conditions will remain in full force.
5. General terms and conditions used by the Buyer do not apply, unless expressly agreed to in writing by Justpadel.nl.
6. The Justpadel.nl internet sites focus exclusively on the Dutch and Belgian market.
7. Justpadel.nl reserves the right to change and/or supplement the General Terms and Conditions.
8. By using the Justpadel.nl internet sites and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
9. Justpadel.nl is authorized to use third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
1. Offers or quotations should be regarded as an invitation to potential Buyers to make an offer. Justpadel.nl is in no way bound by this, unless this has been recorded unambiguously in writing. The acceptance of the invitation to make an offer by the potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
2. Offers are valid while supplies last.
3. A personalized quotation is valid for two (2) weeks, unless a different period is stated in the quotation.
4. An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
- the potential Buyer has entered the data on the appropriate input screen of the website and sent the relevant data ("order form") to Justpadel.nl electronically. These were received by Justpadel.nl.
- the potential Buyer has expressly indicated during his visit to the Justpadel.nl branch that he wishes to purchase or receive a specific product and/or service;
- the potential Buyer has expressly indicated by telephone that he wishes to receive a specific product and/or service;
- a quotation has been signed by the Buyer and received by Justpadel.nl in the event that a personalized quotation has been issued by Justpadel.nl.
5. An agreement is concluded when an order confirmation has been handed over to the Buyer or, if the offer has been made via the website, has been sent by e-mail to the e-mail address provided by the Buyer. This agreement can be revoked by Justpadel.nl if the Buyer does not meet the conditions or has not met them in the past. In that case, Justpadel.nl will inform the Buyer of this within ten (10) days after receiving the order.
6. The Buyer and Justpadel.nl expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions in Articles 2.4 and 2.5 have been met. In particular, the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of Justpadel.nl apply, to the extent the law allows, as a presumption of evidence.
7. Information, images, verbal communications, statements, etc. regarding all offers and the most important characteristics of the products provided by telephone or e-mail are presented or provided as accurately as possible. However, Justpadel.nl does not guarantee that all offers and products are fully consistent with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution.
8. If Justpadel.nl cannot meet the delivery period of 30 days, the Buyer has the right to terminate the agreement. The Buyer will have to contact Justpadel.nl himself for this.
3. Prices
1. All prices are expressed in Euros, in accordance with the relevant legal regulations, and include sales tax.
2. Special offers are only valid while supplies last.
3. The Buyer owes the price that Justpadel.nl communicated to it in its confirmation in accordance with Article 2.5 of these conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Justpadel.nl after the conclusion of the agreement.
4. Delivery costs are not included in the price, these are stated on the checkout screen before payment is made. Special rates apply for delivery outside the Netherlands and Belgium. Certain payment methods are subject to further conditions regarding the delivery method and the associated costs. This will be clearly communicated to the Buyer.
5. If the prices for the products and services offered increase in the period between the order and its execution, the Buyer can cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Justpadel.nl .
4. Payment
1. Payment for orders via the website can be made in the following ways:
- Prepayment
- Credit card (VISA, Mastercard)
- iDeal
Justpadel.nl can expand the payment options in the future. Other payment options will be announced via the website.
2. The available payment methods can only be used if the conditions for such methods - including a check on the creditworthiness and authentication and authorization of the potential Buyer - are met.
3. If Justpadel.nl has agreed on a payment term, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed.
4. If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. Justpadel.nl is not a party to the relationship between the Buyer and the card issuer.
5. In the event of non-payment or late payment by the Buyer, the Buyer owes interest on the outstanding amount of 1.44% per month, calculated from the day on which payment should have been made until the day of full payment, whereby an month is counted as a full month.
6. The Buyer will also be charged for all (extra)judicial costs of whatever nature that Justpadel.nl has had to incur as a result of the Buyer's failure to fulfill its (payment) obligations.
5. Delivery and delivery time
1. Orders are delivered as quickly as possible. In principle, Justpadel.nl strives to ship orders placed before 10 p.m. on a working day the same day. The delivery deadline is 30 days after receipt of the order. The delivery times stated are only indicative, therefore no rights can be derived from them. Justpadel.nl can provide further information regarding delivery times on the website or otherwise make it known in writing. Such information is only indicative.
2. If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. Justpadel.nl strives to report delays to the Buyer by telephone or email within one working day.
3. Deliveries take place at the address specified by the Buyer during the conclusion of the agreement. When paying by credit card, Justpadel.nl must comply with the requirements set by such card issuers for the place of delivery. This will be communicated to the Buyer in a timely manner.
4. As soon as the products to be delivered have been delivered to the specified delivery address, the risk as regards these products passes to the Buyer.
5. Different conditions may apply to deliveries abroad.
6. If the delivery is made in parts, Justpadel.nl has the right to regard each delivery as a separate transaction.
6. Defects and Complaint Period
1. The Buyer is obliged to carefully inspect the products immediately upon receipt. Complaints from the Buyer, which relate to defects in the product or the delivery, which are externally observable, must be reported by the Buyer within 7 days after delivery (or within 7 days after the invoice date if the products (could not) be delivered to the Buyer). be notified to Justpadel.nl.
2. The Buyer, not being a consumer Buyer, is not entitled to return the products for which there is no motivated complaint. If this happens without valid reasons, all costs associated with return will be borne by the Buyer. In that case, Justpadel.nl is free to store the products with third parties at the expense and risk of the Buyer.
7. Cooling-off period, Withdrawal and Exchange
1. The consumer buyer can exercise his right of withdrawal within fourteen (14) working days after delivery of the product without penalty and without giving reasons. Only when the product and packaging are in original, complete, undamaged and unused condition can you claim the right of withdrawal after consultation with Justpadel.nl. All documentation, warranty certificates and packaging materials sent must be included with the return shipment.
2. Justpadel.nl is never liable for any damage - including theft or loss - that occurs to the packaging or product upon return.
3. It is not possible to exchange products that are ordered by Justpadel.nl for the Buyer exclusively at the request of the Buyer or that have been prepared or created in accordance with the customer's specifications.
4. If the product is not received in accordance with the conditions, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered upon request.
8. Retention of title
1. Notwithstanding the actual delivery, ownership of products will only be transferred to the Buyer after he has fully paid all that he owes under any agreement with Justpadel.nl, including reimbursement of interest and costs, including from previous or subsequent deliveries and any work performed or to be performed with regard to the products.
2. The Buyer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has been transferred.
9. Warranty and liability
1. In principle, the warranty applies to products supplied by Justpadel.nl, as determined by the manufacturer of the relevant item. If the delivered item does not comply with the agreement, the Buyer must notify Justpadel.nl within a period of two months after discovery. Consumer Buyers are entitled to the rights set out in Book 7, Title 1, Sections 1 - 7 of the Dutch Civil Code.
2. Justpadel.nl is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Justpadel.nl accepts no liability for consequential or business damage, indirect damage and loss of profit or turnover.
3. If Justpadel.nl is obliged to compensate any damage for whatever reason, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
4. Without prejudice to the provisions of this article, there can be no warranty in the following cases:
- If the wear and tear can be considered normal;
- If changes have been made in or to the product, including repairs that have not been carried out with the permission of Justpadel.nl or the manufacturer;
- If the original invoice cannot be submitted, has been changed or made illegible;
- If defects are the result of improper use or improper use;
- If damage is caused by intent, gross negligence or negligent maintenance.
5. The Buyer is obliged to indemnify Justpadel.nl against any claim that third parties may assert against Justpadel.nl with regard to the performance of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by must come from the Buyer.
6. It is possible that Justpadel.nl includes links on its website to other internet sites that may be interesting or informative for the visitor. Such links are purely informational. Justpadel.nl is not responsible for the content of the website to which reference is made or the use thereof.
7. Demonstration models may have a reduced warranty.
8. If research costs are incurred to identify a defect in the product or part of the product, which is excluded from the warranty, these costs will always be borne by the Buyer. Justpadel.nl strives to report this in advance. Failure to provide this notification does not release the Buyer from the obligation to pay these costs.
9. If costs are involved in repairing a defect, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, he or she can receive her property back upon payment of the research costs. If the Buyer has not paid these research costs six (6) months after submitting the cost estimate, ownership of the product will lapse to Justpadel.nl.
10. Intellectual Property
1. The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or the website belong to Justpadel.nl, its suppliers or other rights holders.
2. Intellectual property rights include patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
3. No photo on this website may be reproduced or made public, in any form or by any means, electronic, mechanical, or otherwise, without the prior written permission of Justpadel.nl.
(© 2016 Justpadel.nl)
4. The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction, without the express prior written permission of Justpadel.nl, its suppliers or other rights holders, unless it is merely concerns private use of the product itself.
11. Personal data
1. Justpadel.nl will only process the Buyer's data in accordance with its privacy policy. The website contains a Privacy Statement.
2. Justpadel.nl takes into account the applicable laws and regulations.
12. Applicable law and competent court
1. All offers and agreements are exclusively governed by Dutch law.
2. The applicability of the Vienna Sales Convention is expressly excluded.
3. All disputes related to or arising from offers from Justpadel.nl, or agreements concluded with it, will be submitted to the competent court in Amsterdam, unless the law expressly designates another court as competent.
13. Dispute settlement and resolution
1. If the Consumer Buyer wants to submit a dispute to the Disputes Committee, Justpadel.nl is bound by this choice. If Justpadel.nl so wishes, the Consumer Buyer must express in writing within five (5) weeks of a written request made by Justpadel.nl whether he or she wishes this or whether he or she wishes to have the dispute handled by the competent court. If Justpadel.nl does not learn of the consumer's choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.
2. The Disputes Committee will make a decision under the conditions as laid down in the regulations of the Disputes Committee. Its decisions are made by way of binding advice.
14. Miscellaneous provisions
1. Justpadel.nl is a trade name of Justpadel.nl and is located in (5017 HC) Tilburg, Boerhaavestraat 65 and registered with the Chamber of Commerce in Eindhoven under number 67576915. The VAT identification number is NL001988054B13. Please send all correspondence regarding an agreement or these conditions to Justpadel.nl at the above address or to the e-mail address as indicated on the website.
2. The Justpadel.nl customer service is available for information on working days from 9 a.m. to 5 p.m.
3. Justpadel.nl strives to answer emails it receives within twelve hours.
4. Justpadel.nl takes the utmost care of this website and the reliability and topicality of the data contained therein. However, despite all care, inaccuracies and omissions cannot always be prevented. Justpadel.nl is not liable for errors or inaccuracies. Naturally, as soon as we notice an error or inaccuracy, we will correct it.
Photos and descriptions of products on this site are as accurate as possible and are intended to give you a good idea of the products. Unfortunately, we cannot guarantee that all products described are available or in stock at all times, unless Justpadel.nl expressly guarantees this to you. This also applies to the accuracy of the prices and offers stated for these products.
Justpadel.nl therefore always has the option to cancel an order and refund the amount due if products and descriptions are stated incorrectly.
15. Company identity
Name: Justpadel.nl
Chamber of Commerce number: 86873342
VAT number : NL864127716B01
Invoice Address: Boerhaavestraat 65, 5017 HC, Tilburg
Visiting address: Doelenstraat 76, 5081CM, Hilvarenbeek
General Terms and Conditions Justpadel.nl, December 11, 2020
