Article 1 - Definitions
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract an agreement whereby, in the context of a system organized by the entrepreneur for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used. ;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Reflection time: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Artikel 2 – Identity of entrepreneur
Sport Europe.nl B.V.
trading under the name / names: Sporteurope.nl, tabletennis-point.com, sporteuropestore.com
5692 BA Son
5692 BA Son
Telephone number: +31 (0) 88 008 76 66
Closed on Mondays
Tuesday: 10am to 5.30pm
Wednesday: 10am to 5.30pm
Thursday: 10am to 5.30pm
Friday: 10am to 5.30pm
Saturday: 10am - 4pm
E-mail address: contact@sportEurope.nl
Chamber of Commerce no.: 18057758
VAT identification no.: NL808520283.B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him in the most beneficial.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o the possible costs of delivery;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery or implementation of the agreement;
o the term for accepting the offer, or the term for adhering to the price;
o the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
o if the agreement is filed after the conclusion, how it can be consulted by the consumer;
o the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
o any languages in which, in addition to Dutch, the agreement can be concluded;
o the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
o the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5- The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees; the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6A - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6B - Right of withdrawal upon delivery of services
When providing services, the consumer has the option to dissolve the agreement without giving reasons for 14 days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the purchase.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a.that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for rubbers that have been removed from the packaging
i. for frames that have been painted and / or played with
j. for a combination of frames and rubbers that have been put together according to your wishes and have therefore already been put together from the packaging.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
Article 9 - Price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a.these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Associations or individuals with whom a discount on our products has been agreed, the following articles are excluded from this discount: Table tennis tables, Referee tables, Playfield frames and Robots. If desired, we can make a suitable offer including shipping costs for these items.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law. and / or the distance contract.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within eight days after delivery of the goods or, in the case of an agreement to provide a service, within 8 days after the documents relating to this agreement have been issued. .
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Artikel 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks of a written request made by the entrepreneur whether he wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will cease handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
8. If, in addition to the Thuiswinkel Disputes Committee, another acknowledges the disputes committee affiliated with the Consumer Disputes Committee Foundation (SGC) or the Financial Services Complaints Institute (Kifid), the Dispute Committee Thuiswinkel is responsible for disputes mainly concerning the method of selling or providing remote services. exclusively authorized. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.
Artikel 16 - Additional or different terms
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Amendments to the general terms and conditions
1. Sport Europe will always make this known to the consumer after the amendment of the general terms and conditions.
2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Article 18 - Prices / Payment
1. All prices include VAT. and exclusive of other government levies, unless stated otherwise in the information relating to the product.
2. Sport Europe offers the payment options, online payment, advance by bank transfer and on account.
3. When paying on account, the delivery address must be in the Netherlands. Payment for the purchased goods must be made within 8 days of delivery. Before you can order on account, you must have ordered at least four times in one of the web shops before and for a minimum amount of € 2000, - including VAT. If the payment term is exceeded, the buyer will be in default from the day that payment should have been made. After the buyer is in default, a reminder will be sent. If payment takes place after the 2nd reminder by Sport Europe, the buyer owes an amount of € 17.00 in administration costs. If the buyer does not fulfill his payment obligation even after a reminder, a bailiff's office will be called in. The costs of collection will be recovered from the buyer.
Thank you for visiting our online shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.
1. Access data and hosting
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request.
These access data are analyzed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f) GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.
2. Data collection and use for processing the contract and for opening a customer account
We collect personal data that you voluntarily submit to us when you place an order or when you contact (e.g. via contact form or e-mail). Mandatory fields are marked as such, because we absolutely need those data to process the contract or to process your contact request and you would otherwise not be able to send the order or the contact request. It is evident in each input form what data are collected. We use the data that you disclose to us to perform the contract and process your enquiries according to Art. 6 (1) 1 lit. b) GDPR. Insofar as you have given your consent according to Art. 6 (1) 1 lit. a) GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account. Upon completion of the contract or deletion of your customer account, any further processing of your data will be restricted, and your data will be deleted upon expiry of the retention period applicable under relevant regulations, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by law, of which we inform you in this notice. Your customer account can be deleted at any time. For this purpose, you can either send a message to the contact option specified below or use the relevant function available in the customer account.
3. Transfer of data
We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to Art. 6 (1) 1 lit. b) GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies.
4. Email newsletter and postal advertisement
E-mail advertising if you subscribe to the newsletter
If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to Art. 6 (1) 1 lit. a) GDPR, using the data required or disclosed by you separately for this purpose. You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
Postal advertising and your right to opt out
Unless you have not opted-out or you are a consumer who consumer has his habitual residence in Spain, we reserve the right to use your first and last name and your postal address for our advertising purposes, e.g. for sending interesting offers and information about our products by post. This serves the protection of our legitimate interests in promoting and advertising our products to customers according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests.
5. Integration of the Trusted Shops Trustbadge
We have integrated the Trusted Shops Trustbadge on this website in order to display our Trusted Shops Trustmark and offer the Trusted Shops products to customers after placing an order.
This serves the protection of our legitimate interests in the optimal marketing of our offer according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests. The Trustbadge and the advertised trust badge services are offered by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne, Germany.
With every use of the Trustbadge, the web server automatically saves a so-called server log file which contains e.g. your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. Those access data are not analyzed and are automatically overwritten no later than seven days after the end of your website visit.
Other personal data are transferred to Trusted Shops only if you decide to use or have already registered to use Trusted Shops products after placing an order. In such a case, the contract concluded between you and Trusted Shops applies.
6. Cookies and web-analysis
Internet Explorer™: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that disabling cookies may limit your access to some features of our website.
Using of Google (Universal) Analytics for web analytics
For the purpose of website analytics, this website uses Google (Universal) Analytics, a web analytics service provided by Google LLC (www.google.com). This serves the protection of our legitimate interests in the optimized presentation of our offer according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests. Google (Universal) Analytics uses methods, like e.g. cookies, that enable an analysis of your use of the website. The information collected automatically by cookies about your use of this website are as a rule transmitted to and stored on a Google server in the United States. At the same time, as IP anonymization is enabled on this website, the IP address will be shortened before being transmitted within the area of member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be sent to a Google server in the USA and shortened there. Generally, Google does not associate the anonymized IP address, transmitted from your browser through Google Analytics, with any other data held by Google.
Google LLC is headquartered in the USA and is certified to the EU-US-Privacy Shield. You will see the up-to-date certificate < href="//www.privacyshield.gov/list">here. Based on this agreement between the USA and the European Commission, the latter has recognized entities certified to the Privacy Shield as those ensuring an adequate level of data protection.
You may prevent the data generated by cookies and related to your use of the website (incl. your IP address) from being recorded and processed by Google by downloading and installing the browser plugin available through the following link: http://tools.google.com/dlpage/gaoptout?hl=en
Alternatively to the browser plugin, you may click this link, to prevent Google Analytics from recording your data on this website in the future. In this process, an opt-out cookie will be stored on your end-user device. If you clear your cookies, you will have to click the link again.
7. Sending rating reminders by email
Rating reminder by Trusted Shops
If, when or after placing your order, you have given us your express consent to doing so according to Art. 6 (1) 1 lit. a) GDPR, we will disclose your e-mail address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne, Germany (www.trustedshops.com), so that they can email you a rating reminder.
You may revoke your consent at any time by sending a message to the contact option specified below or directly to Trusted Shops.
8. Contact possibilities and your rights
Being the data subject, you have the following rights according to: • art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein; •art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us; • art. 17 GDPR, the right to request erasure of your personal data stored with us, unless further processing is required - to exercise the right of freedom of expression and information; - for compliance with a legal obligation; - for reasons of public interest or - for establishing, exercising or defending legal claims; • art. 18 GDPR, the right to request restriction of processing of your personal data, insofar as - the accuracy of the data is contested by you; - the processing is unlawful, but you refuse their erasure; - we no longer need the data, but you need it to establish, exercise or defend legal claims, or - you have lodged an objection to the processing in accordance with art. 21 GDPR; • art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller; • art. 77 GDPR, the right to complain to a supervisory authority . As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact us directly using the contact data provided in our site notice.
Right to object
If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.
After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.