Terms and Conditions
JUSTPADEL TERMS AND CONDITIONS
1. In these General Terms and Conditions:
Any natural or legal person who is or will be in a contractual relationship of any kind with Justpadel.nl.
Any natural person who is not acting in the exercise of his or her profession or business who is or will be in a contractual relationship of any kind with Justpadel.nl.
The subject of one or more agreements.
2. These General Terms and Conditions apply to all offers from Justpadel.nl as well as to all agreements entered into with Justpadel.nl.
3. In addition to these General Terms and Conditions, additional terms and conditions may apply to certain services and/or products if expressly indicated. If there are any differences between the Additional Terms and Conditions and these General Terms and Conditions, then in principle the provisions of the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless stipulated otherwise.
4. It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force.
5. General Terms and Conditions used by the Buyer do not apply, unless expressly agreed in writing by Justpadel.nl.
6. The Justpadel.nl internet sites focus exclusively on the Dutch and Belgian market.
7. Justpadel.nl reserves the right to change and/or supplement the General Terms and Conditions.
8. By using the internet sites of Justpadel.nl and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
9. Justpadel.nl is authorized to use third parties in the implementation of an agreement with the Buyer.
2. Offers and conclusion of agreements
1. Offers or quotations must be regarded as an invitation to potential Buyers to make an offer. Justpadel.nl is in no way bound by this, unless this has been recorded in writing and unambiguously. The acceptance of the invitation to make an offer by the potential Buyer counts as an offer and only leads to the formation of an agreement if the other provisions of this article have been met.
2. Offers are valid while stocks last.
3. A personalized offer is valid for two (2) weeks, unless a different term is stated in the offer.
4. An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
- the potential Buyer has entered the data on the appropriate input screen of the internet site and sent the relevant data ("order form") to Justpadel.nl electronically. These have been received by Justpadel.nl.
- the potential Buyer has expressly indicated during his visit to the Justpadel.nl establishment that he wishes to buy or receive a certain product and/or a certain service;
- the potential Buyer has expressly indicated by telephone that he wishes to receive a certain product and/or a certain service;
- a quotation has been signed by the Buyer and received by Justpadel.nl if a personalized quotation has been issued by Justpadel.nl.
5. An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the internet site, has been sent by e-mail to the e-mail address specified by the Buyer. This agreement can be revoked by Justpadel.nl in case the Buyer does not meet the conditions or has not met them in the past. In that case, Justpadel.nl will inform the Buyer within ten (10) days after receiving the order.
6. The buyer and Justpadel.nl expressly agree that a valid agreement is concluded by using electronic forms of communication, as soon as the conditions in Articles 2.4 and 2.5 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Justpadel.nl apply, insofar as the law allows, as a presumption of evidence.
7. Information, images, oral communications, statements, etc. with regard to all offers and the most important features of the products that are provided by telephone or e-mail are given or made as accurately as possible. However, Justpadel.nl does not guarantee that all offers and products are fully in accordance with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution.
8. If Justpadel.nl cannot meet the delivery period of 30 days, the Buyer has the right to dissolve the agreement. The Buyer will have to contact Justpadel.nl for this.
1. All prices are expressed in Euros, in accordance with the legal requirements in this regard, and include sales tax.
2. Special offers are only valid while stocks last.
3. The Buyer owes the price that Justpadel.nl has communicated to it in its confirmation in accordance with Article 2.5 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Justpadel.nl after the conclusion of the agreement.
4. Delivery costs are not included in the price, these are stated on the checkout screen before payment is made. Special rates apply for delivery outside the Netherlands and Belgium. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This will be clearly communicated to the Buyer.
5. If the prices for the products and services offered increase in the period between the order and its execution, the Buyer can cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Justpadel.nl .
1. Orders via the website can be paid in the following ways:
- Credit card (VISA, Mastercard)
Justpadel.nl may expand the payment options in the future. Other payment options will be announced via the internet site.
2. The available payment methods can only be used if the conditions of such methods - including a check on the creditworthiness and authentication and authorization of the potential Buyer - are met.
3. In the event that Justpadel.nl has agreed on a payment term, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed at that time.
4. If a payment method with a credit card is chosen, the terms and conditions of the relevant card issuer will apply. Justpadel.nl is not a party in the relationship between the Buyer and the card issuer.
5. In the event of non-payment or late payment by the Buyer, the Buyer owes interest on the outstanding amount at 1.44% per month, to be calculated from the day on which payment should have been made at the latest until the day of full payment, whereby an month is counted as a full month.
6. All (extra) judicial costs of any nature whatsoever, which Justpadel.nl has had to incur as a result of the Buyer's non-compliance with its (payment) obligations, will also be borne by the Buyer.
5. Delivery and delivery time
1. Orders will be delivered as soon as possible. In principle, Justpadel.nl strives to ship orders placed before 10 p.m. on a working day on the same day. The deadline for delivery is 30 days after receipt of the order. Said delivery times are only an indication, therefore no rights can be derived from them. Justpadel.nl can provide further information about delivery times on the website or otherwise make it known in writing. Such information is only indicative.
2. If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Justpadel.nl strives to report delays to the Buyer by telephone or e-mail within one working day.
3. Deliveries take place at the address specified by the Buyer during the conclusion of the agreement. When paying by credit card, Justpadel.nl must comply with the requirements set by such card issuers at the place of delivery. This will be made known to the Buyer in good time.
4. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.
5. Different conditions may apply to deliveries abroad.
6. If the delivery is made in parts, Justpadel.nl has the right to consider each delivery as a separate transaction.
6. Defects and Complaint Period
1. The Buyer is obliged to carefully inspect the products immediately upon receipt. Complaints from the Buyer, which relate to defects in the product or the delivery, which are externally observable, must be submitted by the Buyer within 7 days after delivery (or within 7 days after the invoice date if the products were not (or could not) be delivered to the Buyer), be notified to Justpadel.nl.
2. The Buyer, not being a consumer Buyer, is not entitled to return the products for which there is no substantiated advertising. If this is nevertheless done without valid reasons, then all costs associated with the return shipment will be borne by the Buyer. In that case, Justpadel.nl is free to store the products under third parties at the expense and risk of the Buyer.
7. Cooling-off Period, Withdrawal and Exchange
1. The consumer Buyer can exercise his right of withdrawal within fourteen (14) working days after delivery of the product without penalty and without giving reasons. Only when the product and packaging are in original, complete, undamaged and unused condition, can the right of withdrawal be claimed after consultation with Justpadel.nl. All accompanying documentation, warranty certificates and packaging materials must be included with the return shipment.
2. Justpadel.nl is never liable for any damage - including theft or loss - that occurs when the packaging or product is returned.
3. The exchange of products that are ordered or manufactured for the Buyer by Justpadel.nl exclusively at the request of the Buyer or that have been created in accordance with the specifications of the buyer is not possible.
4. If the product has not been received in accordance with the conditions, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered on request.
8. Retention of Title
1. Ownership of products, notwithstanding the actual delivery, only transfers to the Buyer after he has fully paid all that he owes under any agreement with Justpadel.nl, including compensation of interest and costs, also from previous or later deliveries and any work performed or to be performed with regard to the products.
2. The Buyer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has passed.
9. Warranty and Liability
1. In principle, the warranty applies to products supplied by Justpadel.nl, as determined by the manufacturer of the relevant article. If the delivered item does not comply with the agreement, the Buyer must inform Justpadel.nl within a period of two months after discovery thereof. Consumer-Buyers are entitled to the rights as included in Book 7, Title 1, Sections 1 - 7 of the Dutch Civil Code.
2. Justpadel.nl is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Justpadel.nl does not accept any liability for consequential or trading loss, indirect damage and loss of profit or turnover.
3. If, for whatever reason, Justpadel.nl is obliged to compensate for any damage, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
4. Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
- If the wear and tear can be considered normal;
- If changes have been made in or to the product, including repairs that have not been carried out with the permission of Justpadel.nl or the manufacturer;
- If the original invoice cannot be submitted, has been changed or made illegible;
- If defects are the result of non-destination or injudicious use;
- If damage is caused by intent, gross negligence or negligent maintenance.
5. The Buyer is obliged to indemnify Justpadel.nl against any claim that third parties could make against Justpadel.nl with regard to the execution of the agreement, insofar as the law does not preclude the relevant damage and costs being borne by to come from the Buyer.
6. It is possible that Justpadel.nl includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. Justpadel.nl is not responsible for the content of the internet site referred to or its use.
7. Demonstrator models may be subject to a reduced warranty.
8. If investigation costs are incurred to identify a defect in the product or part of the product, which is excluded from the warranty, these costs will always be borne by the Buyer. Justpadel.nl strives to report this in advance. The omission of this notification does not release the Buyer from the obligation to pay these costs.
9. If costs are involved in repairing a defect, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, it can have its property returned against payment of the research costs. If the Buyer has not yet paid these research costs six (6) months after offering the cost estimate, the ownership of the product will lapse to Justpadel.nl.
10. Intellectual Property
1. The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or the internet site are vested in Justpadel.nl, its suppliers or other entitled parties.
2. Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
3. No photo on this website may be reproduced or published in any form or by any means, electronic, mechanical or otherwise, without the prior written permission of Justpadel.nl.
(© 2016 Justpadel.nl)
4. The Buyer is prohibited from making use of and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written consent of Justpadel.nl, its suppliers or other entitled parties, unless it is merely concerns private use of the product itself.
11. Personal Data
2. Justpadel.nl observes the applicable laws and regulations.
12. Applicable law and competent court
1. All offers and agreements are governed exclusively by Dutch law.
2. The applicability of the Vienna Sales Convention is expressly excluded.
3. All disputes related to or arising from offers from Justpadel.nl, or agreements concluded with it, will be submitted to the competent court in Amsterdam, unless the law expressly designates another court as competent.
13. Dispute Settlement and Resolution
1. When the Consumer Buyer wants to submit a dispute to the Disputes Committee, Justpadel.nl is bound by this choice. If Justpadel.nl so desires, the Consumer Buyer shall, within five (5) weeks of a written request made by Justpadel.nl, express in writing whether he or she wishes to do so, or whether the dispute should be handled by the competent court. If Justpadel.nl does not hear the consumer's choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.
2. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. Its decisions are made by way of binding advice.
14. Miscellaneous Provisions
1. Justpadel.nl is a trade name of Justpadel.nl and is located in (5017 HC) Tilburg, Boerhaavestraat 65 and registered with the Chamber of Commerce in Eindhoven under no. 67576915. The VAT identification number is NL001988054B13. Please send all correspondence regarding an agreement or these conditions to Justpadel.nl at the above address or to the e-mail address as indicated on the website.
2. The Justpadel.nl customer service is available for information on working days from 9 a.m. to 5 p.m.
3. Justpadel.nl strives to answer the e-mails it receives within twelve hours.
4. Justpadel.nl pays the utmost attention to this website and the reliability and topicality of the information contained therein. However, despite all due care, inaccuracies and omissions cannot always be avoided. Justpadel.nl is not liable for errors or inaccuracies. Of course, as soon as we notice an error or inaccuracy, we will correct it.
Photos and descriptions of products on this site are as accurate as possible and are intended to give you a good idea of the products. Unfortunately, we cannot guarantee that all products described will be available or in stock at all times, unless Justpadel.nl expressly guarantees this. This also applies to the correctness of stated prices and offers for these products.
Justpadel.nl therefore always has the option to cancel an order and refund the amount due if products and descriptions are incorrectly stated.
General Terms and Conditions Justpadel.nl, December 11, 2020