Standard terms and conditions sales
Part 1: General conditions of sale to consumers.
Part 2: General terms and conditions for B2B sales.
Part 1: General conditions of sale to consumers
Article 1 - Definitions.
In these terms and conditions, the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person not acting in the exercise of a profession or business or representing an association who enters into a distance contract with the entrepreneur for himself or for another end user;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer being able to exercise his right of withdrawal;
5. Grace period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal; the possibility for the consumer to dissolve the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Dinasport BV and the trade names it operates
Located at Rijksweg 129B, 9870 Zulte Machelen -Belgium
With visiting address: Rijksweg 80, 9870 Zulte Machelen -Belgium
Reachable by phone at +32 9 386 09 99 or by email at info@dinasport.com
VAT number: BE0424.953.436
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of the general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, 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 distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description of the products and/or services offered is sufficiently detailed. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal is applicable; the method of payment, delivery or performance of the agreement; the period for accepting the offer; or the period for keeping the price; the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; if the agreement may become aware of acts not wanted by him, as well as the way he can rectify these before the agreement is concluded; any languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of an agreement that involves continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints,
b. The conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal,
c. The information on existing after-sales service and guarantees,
d. The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data for the execution of the agreement,
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
5. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur..
Article 6b - Right of withdrawal in case of delivery of services
1. When providing services, the consumer has the option to dissolve the contract without giving any reason for fourteen days, starting from the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the cost of return shall not exceed the cost of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal.
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
(a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) that are clearly personal in nature such as personalized clothing, club equipment or color combinations made at the request of the consumer;
c) that cannot be returned due to their nature.
Exclusion of the right of withdrawal is only possible for services:
a) concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which commenced with the express consent of the consumer before the withdrawal period has expired;
c) concerning betting and lotteries.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a) they are the result of legal regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer may assert against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has the right to dissolve the agreement without costs, to request an equivalent replacement product, or to obtain possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The cost of return shipment shall be borne by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may terminate a contract entered into for an indefinite period of time at any time subject to agreed termination rules and a notice period not exceeding one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be at most one month.
Article 13 - Payment
1. To the extent not agreed later, the amounts owed by the consumer should be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may stipulate partial or full prepayment (during the withdrawal period). Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer reasonable costs, made known in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement a dispute arises which is subject to the dispute settlement procedure.
Article 15 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Modification of the general conditions
Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Part 2: General terms and conditions for B2B sales
Article 1 - Definitions.
In these terms and conditions, the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person not acting in the exercise of a profession or business or representing an association who enters into a distance contract with the entrepreneur for himself or for another end user;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer being able to exercise his right of withdrawal;
5. Grace period: the period within which the consumer can exercise his right of withdrawal; 6;
6. Right of withdrawal; the possibility for the consumer to dissolve the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Dinasport BV and the trade names it operates
Located at Rijksweg 129B, 9870 Zulte Machelen -Belgium
With visiting address: Rijksweg 80, 9870 Zulte Machelen -Belgium
Reachable by phone at +32 9 386 09 99 or by email at info@dinasport.com
VAT number: BE0424.953.436
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and B2B customer.
2. Before the remote agreement is concluded, be it via electronic or which non-electronic means, the B2B Client should have taken cognizance of the general terms and conditions. These are available on the website.
Article 4 - The offer
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a proper assessment of the offer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the B2B customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
1. the price excluding VAT;
2. any costs of delivery;
3. the period for accepting the offer, or the period for adhering to the price;
The B2B customer has a duty to inform himself sufficiently whether the ordered product or service meets his needs.
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
Article 5 - The Agreement
The agreement is concluded at the moment of acceptance by the B2B customer. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the B2B customer can pay electronically, the entrepreneur will observe appropriate security measures.
The agreement concerns only the purchase and sale of goods or services for a specific transaction. The entrepreneur does not grant any right to the B2B customer. The entrepreneur does not accrue any obligation to the B2B customer.
Article 6 - Reflection period and right of withdrawal
The B2B customer does not have a cooling-off period. The B2B customer also does not have a right of withdrawal.
Article 7 - The price
All recommended retail prices quoted include VAT, dealer prices/B2B prices quoted do not include VAT.
All recommended retail prices quoted are non-binding and for information purposes only. However, the entrepreneur reserves the right to refuse delivery to customers who repeatedly charge prices far below the recommended retail prices, so that the brand or other customers are harmed as a result.
The entrepreneur has the right to adjust prices at any time. The entrepreneur has prepared this price list in good faith and is not liable for any errors. The prices applied are those stated on the order confirmation. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Shipping costs of 9 euro are charged for deliveries to Belgium, the Netherlands, France and Germany for order of less than 499 euro. Special shipments are always at the customer's expense.
Article 8 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement.
The entrepreneur does the necessary to deal with the legally required guarantees that apply to the products or services. However, the entrepreneur cannot be held liable for damages resulting from defects, warranty cases and the like. For this, the manufacturer should be addressed.
Article 9 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
Except for special provisions, deliveries are made at the factory or warehouse of the seller, in this case the entrepreneur. The merchandise travels at the risk of the buyer, in this case the B2B customer.
Delivery dates are given by way of information only and without guarantee. The fact that a delivery deadline has expired does not entitle the buyer to cancel his order or claim damages.
Article 10 - Payment
The terms of payment are as stated on the order confirmation and the invoice. In case of non-payment on the due date, the amount of the invoice will be increased by a lump sum compensation of 15% with a minimum of 74,37 euro and without a reminder being required. For any failure to pay within the stipulated period, the usual commercial interest will be calculated with a minimum of 12%, collection costs to be borne by the buyer.
New customers will only be supplied if the invoice is paid at the latest upon delivery. This means payment in advance or cash on delivery. New customers must go through these payment conditions for a minimum of 1 year before moving to another condition.
The goods remain the property of the seller until full payment of the invoice.
Article 11 - Complaints procedure
Goods may be returned only with the prior written consent of the seller, postage prepaid to our warehouses. Refused goods will be replaced without any other form of compensation.
Complaints must be made within 8 days of receipt of the goods. Cases of force majeure e.g. government measures hindering imports, war, strike, etc. discharge the seller from his obligation to deliver.
Article 12 - Disputes
Agreements between the Entrepreneur and the B2B Client to which these General Terms and Conditions apply are exclusively governed by Belgian law. All disputes between both parties fall under the jurisdiction of the court in Ghent, Belgium.
Article 13 - Modification of the general conditions
The entrepreneur reserves the right to change the general conditions at any time. These can always be consulted on the website.