Additional Terms and Conditions Web Sales & Delivery Viking B.V
Viking is a member of and acts under the terms of the Sports Equipment Manufacturers and Wholesalers Association (F.G.H.S.)
Article 1: Identity of the Parties
Article 2: Applicability and validity of general terms and conditions for web sales
Article 3: Offers, orders and agreements
Article 4: Prices, shipping costs and payment
Article 5: Delivery and risk
Article 6: Force majeure
Article 7: Right of withdrawal upon delivery of products
Article 8: Costs of right of withdrawal
Article 9: Reclamation
Article 10: Warranty and liability
Article 11: Adjustment of agreements
Article 12: Disputes and applicable law
Article 13: Privacy and security
Article 1: Identity of the Parties
In these terms and conditions, referred to here as "Additional terms and conditions web sales, the following definitions apply:
Seller: Viking Schaatsenfabriek B.V. having its registered office in Amsterdam, the Netherlands, being the user of these Additional Terms and Conditions for web sales;
Address: Palmpolstraat 100, 1327 CJ Almere, The Netherlands
E-mail address: info@viking.nl
Chamber of Commerce number: 32034668
VAT number: NL001432370B01
Buyer: The other party of the Seller to an agreement as referred to in Article 3 of these Conditions;
Article 2: Applicability and validity of additional terms and conditions for web sales
The text of these Additional Terms and Conditions for Web Sales is made available to the Buyer via the Viking online webshop under the heading "Aditional Terms and Conditions". On request, these Additional Terms and Conditions for web sales, as well as the overall general terms and conditions for sales and delivery of Viking ice skating factory will be sent to the applicant free of charge by (electronic) mail.
2.1 These Additional Terms and Conditions for web sales apply to every offer from the Seller, every order from the Buyer and to every agreement concluded between the Seller and the Buyer via the Viking online webshop. The overall general terms and conditions of sales and delivery of Viking skating factory will continue to apply to sales by other means, placed directly by email or by telephone.
2.2 These additional terms and conditions web sales serve as a supplement to the general terms and conditions of sale and delivery of the Viking skating factory, the latter being the guiding principle in the event of any conflict.
2.3. The agreement between seller and buyer is established by placing or placing an electronic (via the internet) order or assignment on the seller's online webshop and the acceptance of this order or assignment by the seller. The buyer accepts these general terms and conditions for web sales by placing an electronic order or issuing the order.
2.4 Before concluding the agreement, the buyer is obliged to inform himself of the provisions in these additional terms and conditions for web sales. The buyer accepts these additional terms and conditions for web sales by placing an electronic order or issuing the order.
2.5 The Seller is under no obligation to provide the Buyer with means to be able to detect or correct input errors by the Buyer. The contents of the Buyer's assignment or order, as received by the Seller, are considered correct between the parties. Input errors and other errors made when placing the order or assignment are at the expense and risk of the Buyer.
2.6. The details of the Buyer and of the agreement between Seller and Buyer, as established electronically, are not accessible via the internet.
Article 3: Offers, orders and agreements
Offers
3.1 All offers from the Seller are without obligation and can be revoked.
3.2 The term of all offers is: as long as stocks last or the term stated on the website. After the term of an offer has been exceeded, the offer expires by operation of law and the Buyer can no longer make use of the offer.
3.3 The website contains the most complete and accurate description of the products offered. If and insofar as the Seller uses images, these will be truthful representations of the products concerned as far as possible. Lack of clarity or obvious mistakes and / or errors in the descriptions and / or images do not bind the Seller and as such cannot be enforced.
Orders
3.3 Buyer can order in the ways described on the Viking skates online Shop under the heading ordering and shipping.
3.4 The Seller can - within legal frameworks - inquire whether the Buyer can meet his / her payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the agreement.
3.5 In any case, the seller does not accept orders:
- if the Seller is unable to determine the Buyer's residential or delivery address;
- the order must be delivered to such a hard-to-reach location outside the Netherlands where shipping costs cannot be estimated or the average shipping rate is exceeded. In this case, Viking will contact the buyer
3.6 If the Seller does not accept an order or if the Seller wishes to attach special conditions to the agreement, the Seller will notify the Buyer of this within 7 working days of receipt of the order. In that case, the seller is not obliged to pay any compensation.
Agreement
3.7 Subject to the provisions of Article 3.5, the agreement is concluded at the moment that the Buyer places an order with the Seller on the basis of the offer of the Seller and the Buyer meets the corresponding conditions.
3.8 The seller will confirm receipt of the order electronically. As long as the receipt of the order has not been confirmed, the Buyer can dissolve the agreement.
Article 4: Prices, shipping costs and payment
4.1 The prices stated in the online Viking skating Shop for the goods offered are in Euros and, include VAT, unless stated otherwise or agreed in writing.
4.2 All product prices shown are free of shipping costs. Shipping costs are calculated based on an average depending on the receiving location and added prior to payment. Calculated shipping costs are binding.
4.3 The buyer can pay for the ordered products by credit card. And if specifically agreed in writing with the seller via Ideal, Paypal or Afterpay®. The seller will inform the buyer about all possible payment options on the online store during ordering.
4.4 The seller is entitled to implement a change in government levies in the prices stated online. The seller is not bound by the prices stated online if they contain an obvious clerical error or mistake. In the event of a price adjustment on the aforementioned grounds, the Buyer is entitled to dissolve the agreement free of charge.
4.5 When paying by credit card, the Seller reserves the right to check whether the credit card is valid, whether there is sufficient spending space to debit the purchase amount and whether the address details of the Buyer are correct. Seller reserves the right to refuse the purchase by credit card.
Payment conditions AfterPay B.V.
4.6 These terms and conditions apply specifically to the payment option offered by the Seller on behalf of its partner AfterPay B.V. the Seller reserves the right to discontinue the agreement with afterpay or its partners at any time.
AfterPay B.V., with AfterPay® offers online retailers and their customers a complete and trusted post-payment solution. With Afterpay® you can easily pay afterwards after delivery of the goods ordered by you via a giro collection form. You can use this service for orders from € 10 to € 650. After receiving your order, you can pay by means of a giro collection form within 14 days. This payment option can only be used if:
- you place an order as a private individual;
- the billing and delivery address is in the Netherlands (note: no PO Box);
- your request to pay via AfterPay® online by Viking ice skating factory and AfterPay B.V. is authorized.
If you opt for payment afterwards by giro collection form, the rights with regard to the amount owed for your purchases will be transferred by the Seller to AfterPay B.V. AfterPay B.V. reserves the right to refuse your request for payment using AfterPay® or to adjust the requested amount downwards. You will immediately see online whether your request has been approved or not. Occasionally, orders are also rejected afterwards, this can then be communicated to you by email by the Seller no later than the day after your order. If desired, you will receive a written message stating the reasons why AfterPay B.V. refused your request. You can also contact AfterPay B.V. by telephone after one working day. Customer service: 020-7230270.
The payment conditions of AfterPay B.V. apply to payments with the AfterPay® payment service. AfterPay B.V. has its own privacy policy as contained in its privacy statement. Has AfterPay B.V. if your request is refused, you still have the option to choose a different method of payment as offered by the Seller. questions? www.afterpay.nl.
If you use the AfterPay® payment service afterwards, you can pay after receipt of the goods ordered by you. For this AfterPay B.V. carries out a creditworthiness test. AfterPay B.V checks whether you have other financial obligations open and makes use of the information systems of its partners. For that reason, relevant information provided by you will be included in the customer file of AfterPay B.V. This only concerns data that is necessary for the financial settlement of orders placed and agreements entered into. All relevant information that is collected during the financial settlement of your purchase is provided by AfterPay B.V. registered in its relationship file to limit further financial risks for AfterPay B.V. and its clients. AfterPay B.V. respects your privacy and ensures that personal information is treated confidentially. We refer to their privacy statement for this.
4.7 If the Buyer fails to pay for one or more order (s) already delivered to the Buyer, the Seller has the right to refuse new orders or to attach conditions to the order.
4.8 The Seller is entitled to charge the actual payment costs to the Buyer.
4.9 If the Buyer does not (fully and / or timely) fulfill his payment obligation (s), he is due, after having been given written notice of default and given a period of 14 days to still fulfill his payment obligations, the amount owed including the statutory interest. The seller is then also entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40.
Article 5: Delivery and risk
5.1 The seller takes the greatest care when receiving orders and sending the ordered items.
5.2 The seller sends the accepted orders as soon as possible in order of receipt.
5.3 Delivery generally takes place within 1 to 3 working days after the order has been received, but no later than 30 days after receipt of the order.
5.4 In the event that the delivery is delayed, or if an accepted order cannot or only partially be delivered, the Buyer will be notified of this within 30 days of placing the order. In that case, the buyer has the right to terminate the agreement without costs. In case of dissolution, the Seller will, if the Buyer has already paid for the ordered products, refund the amount received as soon as possible, but no later than 2 weeks after dissolution.
5.5 The risk of damage and / or loss of products rests with the Seller until the moment of delivery to the Buyer, unless expressly agreed otherwise.
5.6 The delivery of the purchased products takes place at the address specified by the Buyer in the order. If the Buyer is not at home at the time of delivery, the Seller is entitled to deliver the products to the neighbors.
5.7 The Buyer is obliged to purchase and accept delivery of the goods at the agreed place/places at the time that the Seller delivers them or has them delivered to him/her, or at the time when they are made available to him/her in accordance with the agreement. If the Buyer remains in default in this respect, the resulting costs will be for his account, including the related shipping costs or return costs.
Article 6: Force majeure
6.1 Without prejudice to its other rights, in the event of force majeure, the Seller has the right, at its discretion, to suspend the execution of the order, or to dissolve the agreement in writing without judicial intervention, without the Seller being obliged to pay any compensation unless this would be unacceptable in the circumstances by standards of reasonableness and fairness. This includes force majeure in the event of strikes, illness among staff, disruptions in transport and import / export bans, regardless of whether this occurs at the Seller or at the suppliers of the Seller.
Article 7: Right of withdrawal upon delivery of products
7.1 The buyer has the right to dissolve the agreement without giving any reason during 14 calendar days from the day of receipt of the product (s). The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
7.2 During the so-called reflection period (in Article 7.1), the Buyer will handle the product (s) and the packaging with care and only unpack or use them to the extent necessary to judge whether he / she wishes to use the product (s). as he would be allowed to do in a regular store.
7.3 If the Buyer wishes to make use of his / her right of withdrawal, the Buyer must return the product (s) within the period stated in article 7.1 by using the return form supplied with the order, or using the withdrawal form which can be found on the Viking webshop, under the heading return and exchange. Revoked articles must be sent with care to the following address: Palmpolstraat 100, 1327 CJ Almere, The Netherlands, Attn. returns webshop.
7.4 The returned products must be in a condition that corresponds to normal use for fitting as is customary in the shop for fitting, must be provided with the original labels and / or labels, be provided with all accessories and accessories and as far as possible including the original packaging. If a product has deteriorated in quality and / or the original labels and / or labels have been removed, the Seller reserves the right to charge the purchase price or the depreciation of the product. In case of clear user traces, the entire amount of the item in question will be charged.
7.5 If the Seller has clearly stated this to the Buyer in the offer, at least in time for the conclusion of the agreement, he can exclude customized products from the right of withdrawal. This also applies to products for hygienic reasons.
Custom made shoes and boot fitting
7.6 Custom made: With Viking custom made shoes, a purchase obligation automatically applies after physical production has started. When reconsidering or adjusting wishes after the appropriate intake, the seller can pass on additional costs according to standards of reasonableness and fairness based on consultation costs of € 25 p / h.
7.7 Implementing a change in the design of a custom-made shoe after confirmation of the design in the intake will entail a one-off costs of € 35.
7.8 In addition to Article 7.4, when thermoplastic products have been heated, they have been processed with heat or show signs of use the full purchase amount will be charged by the seller.
Article 8: Costs of right of withdrawal
8.1 If the Buyer makes use of his right of withdrawal, the costs of return shipment will be for his / her account. For a cost overview for the return shipment, the buyer can turn to a (national or international) parcel service, for example PostNL.
8.2 If the Buyer has already paid for the returned products, the Seller will refund this amount to the Buyer within 14 days after the return shipment.
8.3 If the Buyer has opted for a more expensive method of delivery for returns than the cheapest standard delivery, the Seller is not obliged to reimburse the extra costs for the more expensive method.
Article 9: Reclamation
9.1 All shipments are insured by the Seller. If the Buyer observes damage to the packaging before opening the package with the ordered products, the Buyer must immediately contact the Seller and submit visual evidence. If the Buyer has already opened the package at the time that the Buyer finds the damage, the Buyer must indicate this on the added return slip.
9.2 The buyer has the obligation to check on delivery whether the products comply with the agreement. If this is not the case, the Buyer must inform the Seller of this in writing and with reasons as soon as possible and in any case within 14 (fourteen) calendar days after delivery of the product to the Buyer, at least after observation was reasonably possible.
9.3 Minor deviations in quality, color, size, weight, finish, design, etc. that are considered permissible in the trade or technically unavoidable do not form a basis for complaints or dissolution other than those referred to in Article 7.
9.4 If it has been demonstrated that the products do not comply with the agreement, the Seller has the choice to replace the products in question by returning them with new products or to refund the invoice value thereof or to repair or replace parts of the product.
Article 10: Warranty and liability
10.1 The Seller offers a 2-year warranty on items sold through the website and guarantees that the products and / or services comply with the agreement and are suitable for the intended use, as well as that the products on the date of the realization of the agreement comply with existing legal provisions and / or government regulations.
10.2 Notices regarding the quality, composition, application options, properties and treatment of goods delivered by or on behalf of the Seller are only valid as a guarantee if they have been expressly confirmed in writing and are specifically addressed to the buyer in name in the form of a guarantee.
10.3 If the Buyer carries out repairs or changes to the product or has them carried out during the warranty period without the prior consent of the Seller, the warranty obligation will lapse immediately.
10.4 The liability of the Seller towards the Buyer with regard to late and / or improper performance is limited to the invoice value of the delivery concerned.
10.5 If a part is replaced during repair within the warranty period, the part that has been replaced becomes the property of the Seller.
10.6 The buyer will receive an extra warranty of three months on the repaired part; the existing warranty period on the rest of the article continues.
10.7. In any case excluded from Warranty are:
- a) thread damaged by use;
- b) cosmetic damage (after use), due to impact of stone chips or collisions during recreation, contest or competition context;
- c) damage-fracture (after crash);
- d) softening at higher temperatures in the sun of the cup sole of the shoes (thermoplastic material);
- e) normal wear and tear from intensive use;
- f) parts of articles / products or products that are subject to wear and therefore have a limited life, which is assumed to be known, such as steels, bearings, springs, backparts/cams, pivots, shoe closures and wheels, etc .;
- g) any damage caused by the use of parts of other brands or other types or by use in connection with parts / products that are damaged.
In any case, no warranty can be claimed in the following cases:
- h) If changes have been made in or to the article or device by third parties, see also art. 10.3;
- i) If the date on the delivery note is changed or illegible;
- j) In case of defects caused by non-intended use or improper use (such as failure to act in accordance with the accompanying instructions for use);
- k) If parts of articles / products or products are resold to a second or subsequent end-user or to a third party acting in the performance of a profession or company without the necessary permission of the Seller,
- l) Damage due to intent or gross negligence;
- m) In the event of an external calamity (such as lightning strike, power failure, natural disasters, etc.);
- n) If the Buyer does not timely provide space, opportunity or time for investigation and repair of the defect;
- o) If the Buyer is in default and the Buyer does not fulfill his / her obligations.
- p) In cases where products have been used on or in places where circumstances or ice quality are not suited or checked for suitability prior to use.
Article 11: Adjustment of agreements
11.1 Changes and additions to concluded agreements are only effective if they have been expressly agreed in writing between the Seller and the Buyer.
Article 12: Disputes and applicable law
12.1 All disputes relating to an agreement or the performance of an agreement between the Buyer and the Seller, which cannot be resolved by mutual agreement between the parties, can be submitted to the competent court in the jurisdiction in which the Seller resides.
12.2 The agreements and disputes arising therefrom between the Buyer and the Seller are governed by Dutch law.
Article 13: Privacy and security
13.1. All data provision (including payments) by the Buyer to the Seller through its website are protected by means of a secure communication encryption technology, namely SSL: Secure Socket Layer.
13.2. The seller has a privacy statement and security policy that can be viewed on its website and will be sent on request.