TERMS & CONDITIONS
TERMS & CONDITIONS – SWIMMBABE
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions shall apply:
- Withdrawal period: the period within which the buyer can exercise his right of withdrawal;
Buyer / other party: the (legal) person who acts in the exercise of a profession or business and enters into a distance contract with SWIMMBABE;
Day: calendar day;
Durable data carrier: any means that enables the Buyer to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of Withdrawal : the possibility for the buyer to waive the distance contract within the cooling-off period;
SWIMMBABE : the legal entity offering products to the Buyer(s) at a distance.
Distance contract : an agreement under which, in the context of a system organized by SWIMMBABE for the distance selling of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: means that can be used to conclude an agreement, without the Buyer and SWIMMBABE having come together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of SWIMMBABE.
ARTICLE 2 – APPLICABILITY
These General Terms and Conditions shall apply to every offer made by SWIMMBABE and to every distance contract and order concluded between SWIMMBABE and the Buyer.
Before the distance agreement is concluded, the text of the General Terms will be made available to the Buyer. If this is not reasonably possible, prior to the conclusion of the distance agreement, it will be indicated that the General Terms can be inspected at SWIMMBABE and that they will be sent free of charge to the Buyer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the Buyer electronically in such a way that the Buyer can easily save them on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the buyer’s request.
If one or more provisions of the General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced forthwith in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Uncertainties about the interpretation or content of one or more provisions of the General Terms and Conditions or situations that are not regulated in the General Terms and Conditions must be interpreted ‘in the spirit’ of the General Terms and Conditions.
ARTICLE 3 – THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. SWIMMBABE is entitled to amend and modify the offer.
The offer contains such information that the buyer can make a proper assessment of the offer. If SWIMMBABE uses images, these will be a truthful representation of the offered products.
The offer contains such information that the buyer can make a proper assessment of the offer. If SWIMMBABE uses images, these will be a truthful representation of the offered products. SWIMMBABE cannot guarantee that the displayed colors exactly match the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind SWIMMBABE. cannot guarantee that the displayed colors exactly match the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind SWIMMBABE.
All images, specifications data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
ARTICLE 4 – THE AGREEMENT
Subject to the provisions of paragraph 4, the Agreement shall be concluded at the moment the Buyer accepts the offer and fulfills the relevant conditions.
If the Buyer has accepted the offer electronically, SWIMMBABE shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by SWIMMBABE, the Buyer may dissolve the agreement.
If the Agreement is concluded electronically, SWIMMBABE shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Buyer can pay electronically, SWIMMBABE will take appropriate security measures.
SWIMMBABE may – within statutory frameworks – inform itself whether the Buyer can fulfil his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, SWIMMBABE has good grounds not to enter into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to its execution, giving reasons.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
ARTICLE 5 – RIGHT OF WITHDRAWAL
When purchasing products, the Buyer has the option to cancel the agreement according to the reasons stated by SWIMMBABE.
This concerns production defects, quality defects.
If the buyer wishes to exercise his right of withdrawal, he shall be obliged to inform SWIMMBABE thereof within 14 days of receiving the product. The purchaser must prove that the delivered items were returned in time, for example by means of proof of dispatch.
If, after the expiry of the periods stated in this article, the buyer has not made known his wish to exercise his right of withdrawal or has not returned the product to SWIMMBABE, the purchase will be a fact.
ARTICLE 6 – COSTS IN CASE OF WITHDRAWAL
If the Buyer exercises his right of withdrawal, the costs of return will be borne by him. If the fault lies with SWIMMBABE, the return costs will be reimbursed.
If the buyer has paid an amount, SWIMMBABE will refund this amount as soon as possible, but within 14 days of the revocation at the latest. This is subject to the condition that the product has already been returned to SWIMMBABE with all delivered accessories and in the original condition and packaging.
If the Buyer exercises his right of withdrawal, all additional agreements will be cancelled by operation of law.
ARTICLE 7 – THE PRICE
When entering into the agreement, the parties will agree on a price, which is stated in the offer or will be further agreed upon. Cost estimates provided by SWIMMBABE to an opposing party are indicative and free of obligation. Any cost estimates are exclusive of VAT and other government levies.
If SWIMMBABE and the Buyer agree on a price, SWIMMBABE shall nevertheless be entitled to increase this price at any time, without the Buyer being entitled to dissolve the agreement for that reason, if the price increase ensues from a power or obligation under the law or regulations, or is caused by an increase in the price of raw materials, gold and silver prices, wages, or on other grounds that could not reasonably be foreseen when the agreement was concluded.
If the price increase, other than as a result of paragraph 3 of this article, exceeds 10% and takes place within three months of the conclusion of the agreement, only the buyer who can invoke Title 5, Part 3, Book 6 of the Dutch Civil Code shall be entitled to terminate the agreement by means of a written statement, unless SWIMMBABE is still willing to execute the agreement on the basis of the originally agreed price, or if the price increase is the result of a power or obligation of SWIMMBABE under the law, or if it is stipulated that the delivery will take place more than three months after the purchase.
Any additions or changes desired by the Buyer to the agreed work shall be charged to the other party by SWIMMBABE. Insofar as the other party should not have understood the need for a price increase as a result of the commissioned additional work, SWIMMBABE shall point this out to the other party.
All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of misprints and typesetting errors. In the event of printing and typesetting errors, SWIMMBABE shall not be obliged to deliver the product in accordance with the incorrect price.
ARTICLE 8 – CONFORMITY AND WARRANTY (IF ANY)
SWIMMBABE guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the agreement.
Any defects or incorrectly delivered products must be reported to SWIMMBABE in writing within 7 days of delivery. Products must be returned in their original packaging and in good condition.
If SWIMMBABE provides a guarantee period, this will correspond to the manufacturer’s guarantee period. However, SWIMMBABE is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
Any guarantee does not apply if:
ARTICLE 9 – DELIVERY AND EXECUTION
SWIMMBABE shall exercise the greatest possible care when receiving and executing orders of products and in assessing applications for the provision of services.
The place of delivery shall be the address notified by the buyer to SWIMMBABE.
With due observance of the provisions of paragraph 4 of this article, SWIMMBABE will execute accepted orders expeditiously but at the latest within 7 days, unless the Buyer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially carried out, the Buyer shall be notified thereof no later than 7 days after he has placed the order. In that case, the buyer has the right to dissolve the agreement without cost. The buyer is not entitled to any compensation.
All delivery terms are indicative. The buyer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the buyer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, SWIMMBABE will refund the amount paid by the purchaser as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves impossible, SWIMMBABE 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 will be delivered. With replacement items, the right of withdrawal cannot be excluded.
The risk of damage and/or loss of products rests with SWIMMBABE until the moment of delivery to the Buyer or a representative designated in advance and made known to SWIMMBABE, unless explicitly agreed otherwise.
ARTICLE 10 – SUSPENSION AND TERMINATION OF THE AGREEMENT (termination).
- SWIMMBABE shall be entitled to suspend or terminate the agreement in whole or in part if circumstances arise of such a nature that performance of the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of it.
SWIMMBABE shall have the right to suspend or terminate the agreement with immediate effect, without judicial intervention and without notice of default, if the other party is declared bankrupt, has applied for bankruptcy or provisional suspension of payment, or wishes to make an arrangement with its creditors in order to repay its debts, is attached, is placed under guardianship, applies for debt rescheduling for natural persons or if it otherwise loses the power of disposition of its assets or part thereof.
If any circumstances arise with regard to persons and/or material which SWIMMBABE uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so difficult and/or disproportionately expensive that the performance of the agreement can no longer reasonably be required, SWIMMBABE shall be entitled to suspend or dissolve the agreement.
In addition to the cases mentioned in this article in which SWIMMBABE is entitled to suspend or dissolve the agreement, the claims of SWIMMBABE against the other party shall also be immediately due and payable in the following cases:
- circumstances brought toSWIMMBABE‘s attention after the conclusion of the agreement give SWIMMBABE A good reason to fear that the other party will not fulfill its obligations;
- if, upon entering into the agreement, SWIMMBABE has asked the other party to provide security for the performance and this security is not provided or is insufficient;
- if the other party discontinues or liquidates its business or a significant part thereof, or if a resolution is passed to that effect;
If the other party fails to fulfill one or more obligations towards SWIMMBABE or fails to do so properly or in time, all other (remaining) claims of SWIMMBABE against the other party shall become immediately due and payable.
An event of suspension or dissolution shall not affect SWIMMBABE‘s right to claim damages.
ARTICLE 11 – RETENTION OF TITLE
Any goods delivered or made available by SWIMMBABE shall remain the property of SWIMMBABE until the Buyer has performed all obligations under all agreements concluded with SWIMMBABE.
The Buyer may not pledge the goods or encumber them with any other right.
If the buyer fails to comply with his obligations or if there is a well-founded fear that he will not do so, SWIMMBABE shall be entitled to remove or have removed the goods subject to the retention of title referred to in paragraph 1, irrespective of their location. The Buyer (or a third party) shall be obliged to cooperate in this matter on pain of a penalty of 10% of the amount due per day or part thereof.
If any third parties wish to attach or enforce any right to the goods delivered under retention of title, the Buyer shall be obliged to inform SWIMMBABE as soon as may reasonably be expected.
ARTICLE 12 – PAYMENT
SWIMMBABE shall, at its sole discretion, charge the Buyer for the goods to be delivered or supplied by it. Payment must be made before delivery ( proforma ). If payment is not made within 5 days, stock will only be reserved for a few days.
Payment must be made without discount or setoff. The buyer has the duty to report inaccuracies in payment details provided or mentioned to SWIMMBABE without delay.
ARTICLE 13 – LIABILITY
An opposing party, including the buyer, warrants the accuracy and completeness of the data provided by or on behalf of the opposing party to SWIMMBABE. SWIMMBABE shall not be liable for the consequences of providing incorrect and/or incomplete data.
SWIMMBABE shall not be liable for any loss arising from any acts or omissions of the other party, its personnel or third parties engaged by it in the context of the agreement or related activities.
SWIMMBABE shall never be liable for indirect loss, including consequential loss, loss of profit, lost savings and loss due to business interruption.
SWIMMBABE‘s liability, to the extent covered by its liability insurance, shall be limited to the amount paid out by the insurer.
If the insurer does not pay out or if the loss is not covered by the insurance, SWIMMBABE‘s liability shall be limited to the amount the other party owes under the order, but not more than €5,000.
The other party shall indemnify SWIMMBABE in respect of any third-party claims for damages relating to the execution of the agreement, the cause of which can be attributed to parties other than SWIMMBABE.
The limitations of liability included in this article shall not apply if the damage is due to intent or gross negligence of SWIMMBABE or its executive subordinates.
Any claim against SWIMMBABE shall lapse one year after the day on which the work to which the claim relates was performed or should have been performed.
ARTICLE 14 – DISPUTES
Any agreements between SWIMMBABE and the Buyer to which the General Terms relate shall be governed exclusively by Dutch law. Even if the Buyer is domiciled abroad.
Legal Company details
__________________
CoC : 89480503
VAT : NL864995052B01
Email : hello@swimmbabe.co