Terms and Conditions
General Terms and Conditions of KW FLEX, established in Rijen
Version valid from [1-7-2016]
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.
2.1 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.
3.1 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.
- Visibility period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the goods delivered to KW FLEX after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 7 working days after delivery in writing to KW FLEX. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery company. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, KW FLEX will ensure that within 30 days after proper receipt of the return shipment, the full purchase price including the calculated shipping costs will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
- Services whose implementation, with the consent of the consumer, has begun for the 14-day period
- Goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence
- Goods that have been manufactured according to the consumer's specifications, for example tailor-made products, or that have a clearly personal character (personal stringing)
- Data management
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.
- 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!
7.1 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.
8.1 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.
- 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.
- 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.
11.1 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.
- 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.
- 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.