GENERAL SALES AND DELIVERY CONDITIONS OF Darts Warehouse
These General Terms and Conditions came into effect from September 2017.
Article 1 Definitions
In these conditions the following terms have the following meanings:
“Purchase agreement”: a purchase agreement whereby you purchase products remotely (such as via the web shop, by telephone or by e-mail) and these products are delivered by us (or by a third party);
“You”: a consumer (natural person) who is not acting in the context of a trade, business, craft or professional activity;
“Right of withdrawal”: your option to cancel the Purchase Agreement within the cooling-off period;
“We”: the natural or legal person who offers the products to you at a distance;
“Model withdrawal form”: the European Model withdrawal form included in Appendix I of these terms and conditions;
Article 2 Who are we
Wattstraat 8, 2691 GZ, 's Gravenzande
Chamber of Commerce number: 27270271
VAT Number: NL813534173B01
EORI Number: NL813534173
Article 3 Applicability
3.1 These general terms and conditions apply to every offer from us and to every Purchase Agreement concluded with you.
3.2 Before you purchase anything from us, we will clearly draw your attention to these terms and conditions and any specific product terms and conditions. We must do this in such a way that you can download, print and save these general terms and conditions.
3.3 If the general terms and conditions and the specific product or service terms and conditions conflict with each other, you can invoke the applicable provision that is most favorable to you.
Article 4 The offer
4.1 If a product is only available temporarily or under certain conditions, this will be clearly stated on the product page.
4.2 The product page contains a complete and accurate description of the products offered. The description is sufficiently detailed so that you can properly assess the product. If we use images, they must be truthful.
4.3 Each product page must be so clear that it is clear to you what your rights and obligations are when purchasing the product.
4.4 We are only not bound by mistakes or errors on the product page if it is obvious to you that this is a mistake or error.
Article 5 The Purchase Agreement
5.1 The Purchase Agreement is concluded the moment you have accepted the purchase of the product and the associated conditions.
5.2 After concluding the Purchase Agreement, we will immediately send you a confirmation of receipt by e-mail.
5.3 We ensure that you can order and pay safely and we ensure adequate technical and organizational security of all (personal) data.
5.4 Apart from our other legal information obligations, we will send you the following information in writing at the latest upon delivery of the product:
a. Our visiting address where you can go with complaints;
b. the conditions under which and the way in which you can make use of the Right of Withdrawal, or a clear statement if the Right of Withdrawal is excluded;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product; the delivery costs; the method of payment, delivery or implementation of the Purchase Agreement;
e. if you have a Right of Withdrawal, the Model withdrawal form.
Article 6 Right of withdrawal
6.1 You can revoke a Purchase Agreement with a cooling-off period of at least 14 days without giving reasons. We may ask you about the reason for the withdrawal, but you do not have to answer.
6.2 The reflection period starts on the day after you, or a third party designated by you in advance:
a) have received the product; or
b) if you have ordered several products in the same order: the day on which you, or a third party designated by you, received the last product;
c) if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
d) in case of agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product.
Article 7 Your obligations during the reflection period
7.1 During the reflection period, you must handle the product and packaging with care. You may only unpack or use the product if this is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only use and inspect the product as you would in a store.
7.2 If you do not handle the product with due care, as set out in paragraph 1, and the product is damaged as a result, you are liable for the diminished value of the product.
7.3 You are not liable for depreciation of the product if we have not provided you with all legally required information about the Right of Withdrawal before or at the conclusion of the Purchase Agreement.
Article 8 Exercise of the Right of Withdrawal by you and costs thereof
8.1 If you make use of your statutory right of withdrawal, you must notify us within the cooling-off period by means of the Model withdrawal form or in another unambiguous manner.
8.2 You return the product or hand over the product to (an authorized representative of) us within 14 days after the withdrawal.
8.3 You return the product with all supplied accessories, as much as possible in original condition, packaging and according to the reasonable and clear instructions provided by us.
8.4 The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lies with you.
8.5 You will bear the direct costs of returning the product, unless we have not notified you to bear these costs or if we will bear these costs ourselves.
Article 9 Our obligations in the event of withdrawal
9.1 If you notify us that you wish to make use of the Right of Withdrawal, we will immediately send you a confirmation of receipt by e-mail after this notification.
9.2 If you report within 14 days of receipt of the products that you wish to make use of your Right of Withdrawal, we will reimburse all payments made by you, including any delivery costs, within 14 days of your notification. If we offer to collect the product ourselves, we may wait to refund until we have received the product or until you demonstrate that you have returned the product.
9.3 We use the same payment method as you used for reimbursement, unless you agree to a different payment method. The reimbursement is free of charge for you.
9.4 If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.
Article 10 Exclusion of right of withdrawal
We may exclude the following products from the Right of Withdrawal if we clearly state this on the product page:
a. specific person.
b. Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;
c. Products that spoil quickly or have a limited shelf life;
d. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
e. Products that are irrevocably mixed with other products after delivery due to their nature;
f. Alcoholic drinks of which the price has been agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which we have no influence
g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
h. Newspapers, magazines or magazines.
Article 11 The price
11.1 During the period of validity of the offer stated on the product page, the prices of the products offered will not be increased, unless a price change is necessary as a result of changes in VAT rates.
11.2 We may offer products whose prices are subject to fluctuations in the financial market and over which we have no influence, at variable prices. This is stated in the offer.
11.3 The prices stated on the product page include VAT.
Article 12 Compliance with the Purchase Agreement and additional warranty
12.1 We guarantee that the products comply with the Purchase Agreement and the specifications stated on the product page. We also guarantee that the products meet the reasonable requirements of reliability and / or usability, the legal provisions and / or government regulations and any agreements made with you about other than normal use.
12.2 An additional guarantee is understood to mean any commitment by us, our supplier, importer or producer in which they grant you certain rights or claims that go beyond what is legally required, in the event that we fail to comply with our part of the Purchase Agreement. .
12.3 An additional warranty never limits your statutory rights and claims.
Article 13 Delivery and implementation
13.1 We take the greatest possible care in the execution of the Purchase Agreement and the delivery of the products.
13.2 We deliver the product to the address you have given us.
13.3 We will deliver the products as soon as possible and at the latest within 30 days. We can agree on a different delivery period with you.
13.4 If the delivery is delayed or an order cannot be executed or can only partially be executed, you will be notified as soon as possible, no later than 30 days after you have placed the order. In that case, you have the right to terminate the Purchase Agreement at no cost.
13.5 After dissolution as referred to in the previous paragraph, we will immediately refund the amount you have paid.
13.6 The risk of damage and / or loss of products rests with us until the moment of delivery to you or to a representative appointed by you and made known to us in advance, unless otherwise agreed.
Article 14 Payment
14.1 You pay the amounts due within 14 days after the start of the cooling-off period, unless stipulated otherwise in the Purchase Agreement. If there is no cooling-off period, you will pay the amounts due within 14 days after the conclusion of the Purchase Agreement, unless stipulated otherwise in the Purchase Agreement.
14.2 You should not be required to prepay more than 50%. If an advance payment has been stipulated, you cannot assert any rights with regard to the execution of the order in question before the stipulated advance payment has been made.
14.3 You are obliged to report inaccuracies in provided or stated payment details to us immediately.
14.4 If you do not fulfill your payment obligation (s) on time, we must point out the late payment and allow you a period of 14 days to still fulfill your payment obligations. If you do not pay within this 14-day period, you also owe the statutory interest on the amount due. We can then charge you extrajudicial collection costs. 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. We can deviate from the stated amounts and percentages in your favor.
Article 15 Complaints procedure
15.1 Complaints about the performance of the Purchase Agreement must be submitted to us as soon as possible after you have discovered the defects, fully and clearly described.
15.2 We will answer complaints submitted to us within 14 days of receipt. If we need a longer processing time, we will confirm that we have received the complaint within 14 days and give you an indication of when you can expect a more detailed answer.
Article 16 Disputes
16.1 Purchase agreements concluded between you and us to which these general terms and conditions apply are exclusively governed by Dutch law.
16.2 If the complaint cannot be resolved by mutual agreement, the Dutch court in The Hague, or the competent court in the district where you live, is authorized to hear the dispute.
Article 17 Amendments and additions to general terms and conditions
17.1 Changes to these general terms and conditions are only effective after they have been published in an appropriate manner. If these changes apply to you during the term of an offer, the provisions that are most favorable to you will apply.
17.2 Additional or different provisions may not be to the detriment of you. These must be recorded in writing and must be able to be stored by you.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to cancel the contract)
- To: [seller name]
[geographic address seller]
[e-mail address or electronic address of seller]
- I / We * share / share * hereby inform you that I / we * revoke / revoke our agreement regarding the sale of the following products: [product description]
- Ordered on * / received on * [date of receipt with products]
- [Name of consumer (s)]
- [Address of consumer (s)]
- [Signature of consumer (s)] (only if this form is submitted on paper)
* Delete what does not apply or fill in what applies.