Webshop General Terms and Conditions
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read this carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
- Zwemmershop: established in Alphen aan den Rijn and registered with the Chamber of Commerce under registration number 52214621 trading under the name Zwemmershop.
- Website: the website of Zwemmershop, which can be consulted via www.zwemmershop.nl and all associated subdomains.
- Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Zwemmershop and/or has registered on the Website.
- Agreement: any agreement or agreement between Zwemmershop and Customer, of which agreement the General Terms and Conditions form an integral part.
- General Conditions: the present General Conditions.
- Applicability of Terms and Conditions
- The General Terms and Conditions apply to all offers, Agreements and deliveries of Zwemmershop, unless expressly agreed otherwise in writing.
- If the Customer includes provisions or conditions in his order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Zwemmershop if and insofar as they have been expressly accepted by Zwemmershop in writing.< /li>
- In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him. .
- Prices and information
- All prices stated on the Website and in other materials originating from Zwemmershop include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
- If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
- The content of the Website has been compiled with the greatest care. However, Zwemmershop cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Zwemmershop are therefore subject to obvious programming and typing errors.
- Zwemmershop cannot be held responsible for (color) deviations as a result of screen quality.
- Conclusion of Agreement
- The Agreement is concluded at the moment of acceptance by the Customer of the offer of Zwemmershop and compliance with the conditions set by Zwemmershop.
- If the Customer has accepted the offer electronically, Zwemmershop immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
- If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, Zwemmershop has the right to fulfill its obligation only after the correct information has been received.
- Zwemmershop can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If he does not enter into the Agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.
- To make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
- During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
- The customer must keep his login details, username and password strictly confidential. Zwemmershop is not liable for misuse of the login details and can always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
- If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or notify Zwemmershop as soon as possible, so that Zwemmershop can take appropriate measures.
- Execution of Agreement
- As soon as the order has been received by Zwemmershop, Zwemmershop will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
- Zwemmershop is entitled to engage third parties in the performance of the obligations arising from the Agreement.
- On the Website it is clearly described, in good time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
- If Zwemmershop cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge.
- Zwemmershop advises the Customer to inspect the delivered products and to report any defects that have become apparent within a reasonable time, preferably in writing. See the Article on warranty and conformity in more detail.
- As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
- Zwemmershop is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
- Right of withdrawal
- This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
- The customer has the right to dissolve the distance agreement with Zwemmershop within 14 days after receipt of the product, without stating reasons, free of charge. After reporting the termination of the agreement, the customer still has 14 days to return the product.
- The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product
- Zwemmershop bears no costs for the return, the return of the product is at the expense of the customer. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
- Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store.
- Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
- Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way that the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Zwemmershop does not have to reimburse the additional costs for the more expensive method. Unless Zwemmershop offers to collect the product itself, Zwemmershop may wait with repayment until Zwemmershop has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
- Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
- The right of withdrawal does not apply to:
- Products created by the entrepreneur in accordance with the Customer's specifications;
- Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- The Customer must make payments to Zwemmershop in accordance with the payment methods indicated in the order procedure and possibly on the Website. Swimmershop is free in its choice of payment methods and these may also change from time to time.In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery
- If the Customer does not meet his payment obligation(s) in time, after he has been informed by the Swimmershop of the late payment and Swimmershop has granted the Customer a period of 14 days to still meet its payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and Zwemmershop is entitled to charge the extrajudicial collection costs incurred by it. 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. Swimmershop may deviate from the stated amounts and percentages in favor of the Customer.
- Warranty and Conformity
- This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Zwemmershop gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to the just stated.
- Zwemmershop guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and/or government regulations. If specifically agreed, Zwemmershop also guarantees that the product is suitable for other than normal use.
- If the delivered product does not comply with the Agreement, the Customer must notify Zwemmershop within a reasonable period of time after he has discovered the defect.
- If Zwemmershop considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
- Warranty for business purchases
- Zwemmershop guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and/or government regulations. If specifically agreed, Zwemmershop also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
- If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Zwemmershop within 7 days of delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.
- If Zwemmershop considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
- Complaints procedure
- If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of Zwemmershop, he can submit a complaint to Zwemmershop by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
- Zwemmershop gives the Customer a response to his complaint as soon as possible, but in any case within 14 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, Zwemmershop will confirm the complaint within 14 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or final response to the complaint. from Customer.
- Customers who are not acting in the course of their profession or business can also submit a complaint via the European dispute resolution platform, which can be reached at http://eceuropa.eu/odr/ .
- This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
- The total liability of Zwemmershop towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
- Liability of Zwemmershop towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption.
- Apart from the cases referred to in the previous two paragraphs of this Article, Zwemmershop has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Zwemmershop.
- The liability of Zwemmershop towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Client gives Zwemmershop immediate and proper written notice of default, thereby setting a reasonable term to remedy the shortcoming, and Zwemmershop also after that term in the fulfillment continues to fall short of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Zwemmershop is able to respond adequately.
- The condition for the existence of any right to compensation is always that the Customer reports the damage in writing to Zwemmershop as soon as possible, but at the latest within 30 days after it has arisen.
- In case of force majeure, Zwemmershop is not obliged to compensate any damage caused to the Customer as a result.
- Retention of Title Business Purchases
- All delivered goods remain the property of Zwemmershop until all claims that Zwemmershop has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
- Business Customer is not authorized to sell, deliver or otherwise dispose of these goods before the transfer of ownership referred to, other than in accordance with his normal business and the normal destination of the goods. In addition, the Business Customer is not permitted to pledge these items or grant third parties any other right thereto as long as the ownership of these items has not passed to the Business Customer.
- Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of Zwemmershop.
- Zwemmershop is entitled to take back the goods that have been delivered under retention of title and that are still present at the buyer's house if the Business Customer does not ensure timely payment of the invoices or is or is in danger of having payment difficulties.
- Business Customers will at all times grant Zwemmershop free access to their goods for inspection and/or to exercise the rights of Zwemmershop.
- Personal data
- Zwemmershop processes the personal data of the Customer in accordance with the privacy statement. This can be found here: https://www.zwemmershop.nl/pages/privacy-beleid-zwemmershop
- Final Provisions
- The Agreement is governed by Dutch law.
- Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Zwemmershop is located
- If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
- In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
2408BG, Alphen aan den Rijn
Chamber of Commerce number: 52214621
VAT number: NL002176896B69