Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS GOLFREBELS WEBSHOP

Date: January 1, 2021

TABLE OF CONTENTS

Article 1 Definitions

Article 2 Identity of the entrepreneur

Article 3 Applicability

Article 4 The offer

Article 5 The agreement

Article 6 Right of withdrawal upon delivery of products

Article 7 Costs in case of withdrawal

Article 8 Exclusion of right of withdrawal

Article 9 The price

Article 10 Conformity and warranty

Article 11 Delivery and execution

Article 12 Payment

Article 13 Complaints procedure

Article 14 Disputes

Article 15 Changes to the general terms and conditions

Article 1 - Definitions
In these conditions the following definitions apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

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;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: 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 unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur: GolfRebels - Mark your Business, as defined in Article 2;

Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

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;

Article 2 - Identity of the entrepreneur
GolfRebels BV
Industrieweg 3B
2421 LK NEW SALE
THE NETHERLANDS

Accessibility:
Monday to Friday from 8:00 am to 6:00 pm
E-mail address: shop@golfrebels.com

Chamber of Commerce: 85026972, registered at the Chamber of Commerce in The Hague

VAT Number: NL863477719B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from 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 electronically in such a way that it can be easily stored by the consumer 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  3. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, 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 is most favorable to him. is.
  4. All general terms and conditions described here only apply to the GolfRebels webshop.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 enable a good 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 the rights and obligations are associated with accepting the offer.
    This concerns in particular:
  • the price including taxes;
  • the possible costs of delivery;
  • the manner in which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery or execution of the agreement;
  • the term for acceptance of the offer, or the term for honoring the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in the case of a long-term transaction.

    Article 5 - The agreement
  • The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  • If the consumer has accepted the offer electronically, the entrepreneur 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 terminate the agreement.
  • If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  • 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  • The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  • the visiting address of the entrepreneur's branch where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about existing after-sales service and warranties;
    the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  • Although GolfRebels takes care to display its current offering digitally, it may arise that one or more item(s) are (temporarily) unavailable to the consumer. In that case, GolfRebels will soon inform the consumer about this. GolfRebels will also offer an alternative to consumers.

Article 6 - Right of withdrawal upon delivery of products

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. Read more about our returns policy.
  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 exercises his right of withdrawal, he will return the product with all accessories supplied 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.
    You have the right to withdraw from the agreement within 14 days without giving reasons.

(a) for sales contracts: 'under which you or a third party other than the carrier and designated by you acquires physical possession of the goods.';

b) for contracts where the consumer has ordered multiple goods in the same order that are delivered separately:

“whereupon you or a third party designated by you, who is not the carrier, acquires physical possession of the last good.”;

(c) for contracts for the delivery of a good consisting of several consignments or parts: 'whereupon you or a third party designated by you, other than the carrier, acquires physical possession of the last consignment or part.';

(d) for contracts for regular delivery of goods over a specified period: “whereupon you or a third party designated by you, other than the carrier, acquires physical possession of the first good.”

Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, which is valid for 14 days, the costs of return will be borne by the entrepreneur. After 14 days, a maximum of the costs of return will be charged to the consumer. Read more about our returns policy.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 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 before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    items that have been created by the entrepreneur in accordance with the consumer's specifications. Where this is not stated on the article page on www.golfrebels.com, which have been created by the entrepreneur in accordance with the consumer's specifications;
  3. that are clearly personal in nature;
  4. products that spoil quickly or have a limited shelf life;
  5. products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  6. products that, by their nature, are irreversibly mixed with other items after delivery;
  7. alcoholic drinks whose price was agreed upon at the time of purchase, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which you have no influence;
  8. which by their nature cannot be returned;
  9. that can spoil or age quickly, such as care products;
  10. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  11. for single books;
  12. for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 - The 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal 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:
  5. these are the result of legal regulations or provisions; or
    the consumer has the right to cancel the agreement on the day on which the price increase takes effect.
  6. The prices stated in the offer of products or services include VAT.
    Obvious mistakes or errors in the offer do not bind the entrepreneur. We hereby rely on the following article:
  7. If it should not be immediately clear to the consumer that there is a mistake here, then the difference in price is so significant that there is at least reason for doubt. If there is any doubt about the correctness of the price, the consumer must conduct further investigation (Article 3:11 of the Dutch Civil Code).
  8. Newsletters and advertisements are subject to price and spelling errors.

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 provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
    The place of delivery is the address that the consumer has provided to the company.
    Taking into account what is stated in Article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  2. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  3. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur.
  4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
    If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
    The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
    In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
  2. Article 13 - Complaints procedure
    The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in a reasonable manner.
    Complaints about the execution 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Any disputes between the entrepreneur and the consumer will be submitted exclusively to the competent judge of the District Court of The Hague. Legal proceedings will then be initiated to settle the dispute.

Article 15 - Changes to the general terms and conditions
Changes to these conditions will only take effect after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.