Terms and Conditions

General Terms and Conditions of KW FLEX, established in Rijen

Version valid from [1-7-2016]

1. General

1.1 These general conditions apply to all offers of KW FLEX. The conditions are accessible to everyone and included on the website of KW FLEX. On request we will send you a written copy.

1.2 By placing an order you indicate that you agree with the delivery and payment conditions. KW FLEX reserves the right to change its delivery and / or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by KW FLEX.

1.4 KW FLEX guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place while stocks last.

2.2 Within the scope of the rules of the distance purchase, KW FLEX will execute orders at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer will receive no later than 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.

2.3 The delivery obligation of KW FLEX will, subject to proof to the contrary, be met as soon as the goods delivered by KW FLEX have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.

2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.

2.5 Filling in the wrong or incomplete delivery address and the resulting costs shall at all times be borne by the purchasing party. KW FLEX shall not be liable for incorrectly entering a delivery address. If the order is returned to KW FLEX by the delivery service, these costs shall be deducted from the amount paid. If the order has to be sent again, these costs shall also be borne by the person who placed the order. 

3. Prices

3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.

3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

3.3 All prices on the site are in Euros and include 21% VAT. If an order is placed from a European country other than the Netherlands, in that case the VAT percentages applicable in that country will be used. For countries like Switzerland and non-European countries, there is a VAT exemption. These prices are only visible in the checkout procedure, so the price of the product may be different than initially known.

3.4 The lowest price guarantee is guaranteed on items that are regular range and sold as full size at competitors. If only a few sizes are available from competitors, we cannot replicate this on a one-to-one basis. Also not valid with promotions. In some cases, shipping costs and the amount from which there is free shipping must be taken into account. If there are shipping costs, this must always be added to the amount. 

4. Visibility period / right of withdrawal

You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us (KW FLEX Racket Speciaalzaak, Heistraat 13A, 5121 JK Rijen, Netherlands, [email protected], phone: +31616501686) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You can use the attached model withdrawal form, although it is not mandatory. You may also electronically fill out and submit the model withdrawal form or another clear statement through our website at https://kwflex.shipping-portal.com/rp/. If you use this option, we will send you confirmation of the receipt of such withdrawal (e.g., by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4.2 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive the notice of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will proceed to refund after receiving and inspecting the goods.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to check the conditions, characteristics, and functioning of the goods.

You only have to pay this depreciation if, after inspecting the returned goo

The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

4.3 Model Withdrawal Form

A concrete explanation of how to return your order is provided on our returns page. There, you can fill out a digital return form, or you can follow the procedure below if you wish to terminate the contract.

  • To KW FLEX Racket Speciaalzaak, Heistraat 13A, 5121 JK Rijen, Netherlands, [email protected]

  • I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)

  • Ordered on ()/received on ()

  • Order number

  • Name of consumer(s)

  • Address of consumer(s)

  • Signature of consumer(s) (only if this form is notified on paper)

  • Date

(*) Delete as appropriate.

5. Data management

5.1 If you place an order with KW FLEX, your data will be included in the KW FLEX customer base. KW FLEX adheres to the Personal Records Act and will not provide your details to third parties. See our Privacy Policy.

5.2 KW FLEX respects the privacy of the users of the internet site and ensures confidentiality of your personal data.

5.3 KW FLEX uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.

6. Warranty and conformity

6.1 The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.

6.2 An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the fulfilment of the obligations of the entrepreneur by virtue of the law and / or the distance contract.

6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to KW FLEX) must immediately report these defects in writing to KW FLEX. Any defects or incorrectly delivered goods must and can be reported to KW FLEX in writing up to a maximum of 1 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of failure, damage arising after detection of defect, encumbrance and / or resale after detection of defect, does this right to complain and return completely cancelled.

6.4 If complaints from the buyer are found to be well-founded by KW FLEX, KW FLEX will, at its discretion or replace the delivered goods free of charge or take a written arrangement with the customer about the compensation, on the understanding that the liability of KW FLEX and therefore the amount the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of KW FLEX) up to the maximum amount covered by KW FLEX's liability insurance in the relevant case. Any liability of KW FLEX for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.

6.5 KW FLEX is not liable for damage caused by intent or equivalent conscious recklessness.

6.6 This guarantee does not apply if: A) and as long as the customer is in default towards KW FLEX; B) the customer has repaired and / or processed the delivered goods himself or has them repaired or processed by third parties. C) the delivered goods are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of KW FLEX and / or instructions on the package have been treated; D) the defect is wholly or partially the result of regulations that the government has or will make regarding the nature or the quality of the materials used;

6.7 Warranty provisions racket frame

The racket frame is guaranteed for 1 year, using the warranty procedure of our supplier. In many cases we immediately provide a solution. When in doubt, we let our suppliers examine the racket, after which we take over their judgment.

The following warranty conditions apply to our Victor rackets:

In the event of a break in the handle and / or handle, the racket will in most cases be reimbursed without discussion with the same racket. If this racket is no longer available, then an alternative is provided in consultation with the customer. In case of cracks or breaks in the racket sheet, there is only compensation if no paint damage is present due to collisions with another object. When in doubt, it is wise at all times to first contact us. Send us a message with date of purchase, photos and explanation of the problem. We are always there for you!

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, KW FLEX reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.

7.3 Verbal promises are only binding on KW FLEX after they have been expressly confirmed in writing.

7.4 KW FLEX offers do not automatically apply to repeat orders.

7.5 KW FLEX can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.

7.6 Additions, changes and / or further agreements are only valid if agreed in writing.

8. Agreement

8.1 An agreement between KW FLEX and a customer is established after an order assignment has been assessed by KW FLEX on feasibility.

8.2 KW FLEX reserves the right not to accept orders or orders without giving any reason or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.

9. Images and specifications

9.1 All images; photographs, drawings etc. .; e.g. data concerning weights, dimensions, colours, images of labels, etc. on the website of KW FLEX are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.

10. Force majeure

10.1 KW FLEX is not liable if and insofar as its obligations can not be fulfilled due to force majeure.

10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / KW FLEX manufacturers, as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment, are expressly regarded as force majeure.

10.3 In the event of force majeure, KW FLEX reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is KW FLEX liable to pay any penalty or compensation.

10.4 If KW FLEX has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partly fulfil its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were concerned a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.

11. Liability

11.1 KW FLEX is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.

12. Reservation of ownership

12.1 Ownership of all goods sold and delivered by KW FLEX to the buyer remains with KW FLEX as long as the customer has not paid the claims of KW FLEX under the agreement or earlier or later similar agreements, as long as the customer has performed the work performed or to be performed. has not yet paid the work from these or similar agreements and as long as the customer has not paid KW FLEX's claims due to shortcomings in the fulfilment of such obligations, including claims in respect of fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.

12.2 The goods delivered by KW FLEX that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.

12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.

12.4 The customer now unconditionally and irrevocably authorizes KW FLEX or a third party to be appointed by KW FLEX, in all cases in which KW FLEX wishes to exercise its ownership rights, to enter all those places where its properties will be located and to take their products.

12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to notify KW FLEX as soon as can reasonably be expected.

12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide KWFLEX with the policy of this insurance on first request.

13. Applicable law / competent court

13.1 Dutch law applies to all agreements.

13.2 Disputes resulting from an agreement between KW FLEX and buyer, which can not be resolved by mutual agreement, shall be made by the competent court within the district of Rijen (Netherlands), unless KW FLEX prefers the difference to the competent court of the place of residence. Of the buyer, and with the exception of those disputes that belong to the jurisdiction of the sub district court.