Terms of service

DizySports

E-mail: info@dizysports.nl

Website: dizysports.nl

Definitions

DizySports: DizySports, established in Alphen aan den Rijn under KvK no. 86175165.
Customer: the person with whom DizySports has entered into an agreement.
Parties: DizySports and customer together.
Consumer: a customer who is also an individual acting as a private person.

Applicability of general terms and conditions

These terms and conditions shall apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of DizySports.
Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

All prices used by DizySports are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices used by DizySports for its products, on its website or otherwise made known, DizySports may change at any time. Increases in the cost prices of products or parts thereof, which DizySports could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
The consumer is entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and term of payment

DizySports may require a down payment of up to 50% of the agreed amount when entering into the contract.
The customer must make payments in arrears within 7 working days of delivery.
Payment deadlines shall be considered fatal payment deadlines. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default without DizySports having to send the customer a reminder or put him in default.
DizySports reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.

Consequences of late payment

If the customer does not pay within the agreed period, DizySports shall be entitled to charge the statutory interest rate of 2% per month for non-commercial transactions from the day the customer is in default, with part of a month being counted as a whole month.
If the customer is in default, he shall also owe extrajudicial collection costs and any damages to DizySports.
The collection costs shall be calculated according to the Decree on Compensation for Extrajudicial Collection Costs.
If the customer fails to pay on time, DizySports may suspend its obligations until the customer has fulfilled his payment obligation.
In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of DizySports on the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by DizySports, he is still obliged to pay the agreed price to DizySports.

Right of complaint

Once the customer is in default, DizySports shall be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
DizySports shall invoke the right of complaint by means of a written or electronic communication.
As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to DizySports, unless the parties agree otherwise.
The cost of retrieving or bringing back the products shall be borne by the customer.

Right of withdrawal

A consumer may dissolve an online purchase during a 14-day withdrawal period without giving any reason provided that:

the product has not been used;
it is not a product that can spoil quickly, such as food or flowers;
it is not a product that has been customized or adapted especially for the consumer;
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.);
the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.);
the product or service is not an accommodation, travel, restaurant business,
transportation, catering order or form of leisure activity;
the product is not a loose magazine or loose newspaper;
the consumer has not waived his right of withdrawal.

The withdrawal period of 14 days as mentioned in paragraph 1 starts:

on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has confirmed that he will purchase digital content via the Internet
The consumer can make his appeal to the right of withdrawal known via info@dizysports.nl, if desired using the contact form that can be used via the website of DizySports, dizysports.nl.
The consumer is obliged to return the product to DizySports within 14 days of making his right of withdrawal known, failing which his right of withdrawal lapses.

Reimbursement of return cots

If the consumer invokes his right of withdrawal and returns the complete order in a timely manner, the costs of returning the complete order shall be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

DizySports may invoke its right of lien and in that case retain products of the customer until the customer has paid all outstanding bills owed to DizySports, unless the customer has provided adequate security for those costs.
The right of retention shall also apply pursuant to previous agreements from which the customer still owes payments to DizySports.
DizySports shall never be liable for any damages the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to DizySports against a claim against DizySports.

Retention of title

DizySports shall remain the owner of all products delivered until the customer has fully satisfied all of his payment obligations to DizySports under whatever agreement entered into with DizySports, including claims for failure to perform.
Until such time, DizySports may invoke its retention of title and repossess the items.
Before ownership is transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If DizySports invokes its retention of title, the contract shall be deemed terminated and DizySports shall be entitled to claim damages, lost profits and interest.

Delivery

Delivery shall take place while supplies last.
Delivery takes place at DizySports, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, DizySports is entitled to suspend its obligations until the agreed part is still paid.
Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against DizySports.

Delivery time

The delivery times specified by DizySports are indicative and if exceeded, shall not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
The delivery time starts at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from DizySports.
Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless DizySports is unable to deliver within 14 days after a written reminder to do so or the parties have agreed otherwise in this regard.

Actual Delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transport costs

Transportation costs shall be borne by the customer, unless otherwise agreed by the parties.

Packaging and shipping

If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have the carrier or delivery person make a note of this, failing which DizySports cannot be held responsible for any damage.
If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to DizySports prior to transportation, failing which DizySports cannot be held liable for any damage.

Storage

If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the customer.

Warranty

The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Exchanges

The exchange of purchased items is possible only if the following conditions are met:

exchanges are made within 14 days of receipt upon presentation of the original invoice;
the product is returned with labels and, if reasonably possible, in its original packaging;
the product has not yet been used.

Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer and perishable goods (such as food, plants or flowers), costum products (such as special orders or personalized products), and care products (such as beauty products) cannot be exchanged.

Indemnification

The customer indemnifies DizySports against all third party claims related to the products and/or services provided by DizySports.

Complaints

The customer should examine a product delivered or service provided by DizySports for any shortcomings as soon as possible.
If a product delivered or service provided does not meet what the customer could reasonably expect from the agreement, the customer should inform DizySports of this as soon as possible, but in any case within 1 month of discovering the shortcomings.
Consumers should notify DizySports no later than 2 months after the discovery of the shortcomings.
The customer must provide as detailed a description as possible of the shortcoming, so that DizySports is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this can in no case lead to DizySports being held to perform work other than that agreed upon.

Notice of default

The customer must give notice of default in writing to DizySports.
It is the responsibility of the customer that a notice of default actually reaches DizySports (in a timely manner).

Joint and several liabilities of costumer

If DizySports enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts they owe to DizySports under that agreement.

Laibility of DizySports

DizySports shall only be liable for any damage suffered by the Customer if and to the extent such damage is caused by intentional or deliberate recklessness.
If DizySports is liable for any damage, it shall only be liable for direct damage arising from or related to the performance of an agreement.
DizySports is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
If DizySports is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from DizySports shall in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right of termination

The customer has the right to dissolve the contract if DizySports imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
If the fulfillment of the obligations by DizySports is not permanently or temporarily impossible, then dissolution can only take place after DizySports is in default.
DizySports shall be entitled to dissolve the agreement with the customer, if the customer does not comply with his obligations under the agreement in full or in a timely manner, or if DizySports has knowledge of circumstances that give him good reason to fear that the customer will not be able to properly comply with his obligations.

Force Majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by DizySports to fulfill any obligation towards the Customer cannot be attributed to DizySports in a situation independent of the will of DizySports, as a result of which the fulfillment of its obligations towards the Customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of DizySports.
The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises that prevents DizySports from fulfilling 1 or more obligations to the customer, those obligations will be suspended until DizySports is able to fulfill them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
In a force majeure situation, DizySports is not liable to pay any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

If after the conclusion of the agreement for its execution it appears necessary to amend or supplement its content, the parties shall amend the agreement accordingly in good time and in mutual consultation.
The preceding paragraph does not apply to products purchased in a physical store.

Admendment of general terms and conditions

DizySports shall be entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed by DizySports with the customer in advance as much as possible.
Consumers are entitled to terminate the contract in the event of a substantial change to the general terms and conditions.

Transfer of rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of DizySports.
This provision applies as a stipulation with property law effect as referred to in article 3:83, second paragraph, Civil Code.

Applicable law and competent court

Any agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where DizySports has its registered office/practice/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved October 16, 2024.

DizySports

Chamber of Commerce number: 86175165

VAT ID: NL004210883B26

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Terms of service