General Terms and Conditions
TERMS AND CONDITIONS
Ribbon Sportgrip
Ribbon Sportgrip stands for quality and craftsmanship in the production of sports grips, with attention to detail and a passion for sustainability. We prefer working with grips rather than texts, but even we can't avoid a few lines. That's why we've drawn up these terms and conditions. In these terms you'll find exactly how we work, what you may expect from us, and what we expect from you. Clear and practical, as it should be. So, want to know how we handle your order or how payment works? You can read it here.
0. DEFINITIONS
- Ribbon Sportgrip:
- the sole proprietorship Ribbon Sportgrip, with its office in (5616 LZ) Eindhoven at Kastanjelaan 400; registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 81823282.
- Counterparty:
- the party that enters into an Agreement with Ribbon Sportgrip, or to whom Ribbon Sportgrip has issued a quotation. This applies both to the Consumer and to a non-Consumer.
- Consumer:
- the natural person who is not acting for purposes related to a trade, business, craft, or professional activity.
- Agreement:
- any oral or written agreement concluded between Ribbon Sportgrip and the Counterparty, any amendment or addition thereto, and all actions taken in preparation for and/or in performance of that agreement.
- Products:
- all sports grips and related items supplied by Ribbon Sportgrip in the performance of the Agreement, including any personalised grips.
- Parties:
- Ribbon Sportgrip and the Counterparty together.
1. WHEN DO THESE TERMS AND CONDITIONS APPLY?
1.1 These terms and conditions apply to all offers and quotations from Ribbon Sportgrip and to every Agreement between Ribbon Sportgrip and a Counterparty.
1.2 Any purchasing conditions or other terms of the Counterparty do not apply to the Agreement. Deviations from, or additions to, Ribbon Sportgrip's terms and conditions are only possible if Ribbon Sportgrip has agreed to them in writing, and only apply to the part of the Agreement for which such agreement was given.
1.3 If one or more provisions of these terms are ever wholly or partly void or voided, the remaining provisions of these terms remain fully applicable. Ribbon Sportgrip will then, together with the Counterparty, agree on a new provision, without losing sight of the purpose and intent of the invalid or voided provision.
1.4 If Ribbon Sportgrip does not always require strict compliance with these terms from a Counterparty, this does not mean that the provisions of these terms no longer apply, or that Ribbon Sportgrip would lose the right to require strict compliance in other cases.
2. QUOTATIONS
2.1 The nature and scope of the Agreement is determined by the description of the Products included in the quotation.
2.2 All quotations from Ribbon Sportgrip are without obligation. This means that Ribbon Sportgrip has the right to still amend the terms of the quotation. A Counterparty can therefore not derive any rights from an issued quotation. A quotation lapses in any case if the quoted services or Products are no longer available in the meantime.
2.3 Quotations are always based on current daily prices. In the event of price increases in materials or other cost factors, Ribbon Sportgrip reserves the right to withdraw or amend the quotation, even within its validity period.
2.4 Ribbon Sportgrip cannot be held to its quotations if the Counterparty should understand that the quotation, or part of it, contains an obvious mistake or clerical error.
2.5 Quotations do not automatically apply to future Agreements.
2.6 If Ribbon Sportgrip includes a composite price quotation in the quotation, Ribbon Sportgrip cannot be obliged to perform part of the Agreement against a corresponding part of the composite price.
2.7 All quoted amounts are exclusive of VAT and/or other government levies, unless stated otherwise. Prices stated on the webshop are inclusive of VAT for Consumers. All quoted amounts are based on cost factors applicable at the time Ribbon Sportgrip makes an offer to the Counterparty. Any favourable or unfavourable differences in cost factors are for the benefit or account of the Counterparty. Cost factors include, among other things, product prices, import or export duties, and taxes. All amounts stated are in euros.
3. AGREEMENT
3.1 An Agreement is only formed if (I) the Counterparty accepts a quotation from Ribbon Sportgrip unchanged, or; (II) Ribbon Sportgrip confirms an Agreement in writing, or (III) Ribbon Sportgrip has already wholly or partly performed the Agreement.
3.2 Arrangements, commitments and/or amendments to the Agreement made by or on behalf of Ribbon Sportgrip after the Agreement was formed are only binding if confirmed in writing by Ribbon Sportgrip, or if Ribbon Sportgrip has already wholly or partly performed them.
3.3 If, after acceptance of the quotation, it turns out that prices of materials or other cost factors have risen due to circumstances beyond Ribbon Sportgrip's control, Ribbon Sportgrip reserves the right to adjust the agreed price. Ribbon Sportgrip will inform the Counterparty of this as soon as possible and confirm these adjustments in writing. If the price increase amounts to more than 10% of the original quotation, the Counterparty has the right to terminate the Agreement in writing, unless the price increase results from statutory or other mandatory levies.
3.4 Ribbon Sportgrip may, upon or after entering into the Agreement and before the Agreement is (further) performed, require sufficient assurance from the Counterparty that both the payment obligation and any other obligations will be fulfilled. For this reason, Ribbon Sportgrip may request a down payment on the invoice amount before starting performance of the Agreement. Refusal by the Counterparty to provide the requested assurance gives Ribbon Sportgrip the right to refuse (further performance of) the Agreement.
4. RIGHT OF WITHDRAWAL
4.1 In the case of distance selling, a Consumer has the option to terminate the Agreement without giving any reason. The Consumer must notify the withdrawal within 14 days after the day on which the Product was received by the Counterparty or a representative designated in advance by the Counterparty.
4.2 In a number of cases, the right of withdrawal cannot be invoked, as referred to in Article 6:230p of the Dutch Civil Code. This applies, among other things, to Products manufactured according to Consumer specifications or personalised, and to sealed Products whose seal has been broken after delivery.
4.3 During the reflection period, the Consumer will handle the Product and its packaging with care. The Consumer may only unpack or use the Product to the extent necessary to establish the nature, characteristics, and functioning of the Product, in the same way as would be allowed in a physical store. If the Consumer exercises the right of withdrawal, the Consumer must return the Product to Ribbon Sportgrip with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Ribbon Sportgrip. The Consumer is only liable for any depreciation of the Product resulting from handling of the Product that goes beyond what is permitted under this article.
4.4 If the Consumer wishes to exercise the right of withdrawal, they are obliged to notify Ribbon Sportgrip of this within 14 days of receiving the Product. The Consumer must do this by sending an unambiguous statement indicating that they wish to withdraw from the Agreement, or by sending the completed Model Withdrawal Form referred to in appendix 1 of these terms and conditions to Ribbon Sportgrip. The Consumer must return the Product within 14 days of making the statement referred to in the previous sentence. The burden of proof for timely return of the delivered Product and for making the unambiguous statement lies with the Consumer.
4.5 If the Consumer exercises the right of withdrawal, the costs of returning the Product are for their own account.
4.6 If, after expiry of the periods mentioned in this article, the Consumer has not notified Ribbon Sportgrip in the prescribed manner of their wish to exercise the right of withdrawal, or has not returned the Product to Ribbon Sportgrip, the sale is final.
5. OBLIGATIONS OF THE COUNTERPARTY
5.1 The Counterparty shall ensure that all data and documents which Ribbon Sportgrip has indicated are necessary for the correct and timely performance of the Agreement, or which the Counterparty should understand to be necessary for the correct performance of the Agreement, are made available to Ribbon Sportgrip in good time and in the form and manner desired by Ribbon Sportgrip.
5.2 The Counterparty is responsible for the accuracy, completeness, and reliability of the data and documents made available to Ribbon Sportgrip, even if these originate from or via third parties.
5.3 If the Counterparty supplies multiple sources of information containing the required data, Ribbon Sportgrip is under no obligation to check these for accuracy, reliability, and completeness. Nor is Ribbon Sportgrip obliged to check whether the various sources of information differ from one another.
5.4 The Counterparty shall, at its own expense, obtain all permits, approvals, decisions and/or exemptions that may be required for the performance of the Agreement.
5.5 The Counterparty shall provide Ribbon Sportgrip with free access and/or passage to the location where the Agreement is to be performed. This means that the location must also be easily accessible for all the means Ribbon Sportgrip needs in performing the Agreement.
5.6 Any costs associated with fulfilling all the obligations under this article are for the account of the Counterparty.
5.7 If the Counterparty has not fulfilled its obligations, or has not fulfilled them in time or properly, Ribbon Sportgrip has the right to suspend performance of the Agreement until the Counterparty has fulfilled its obligations as referred to in this article. If Ribbon Sportgrip incurs costs as a result, these costs will be for the account of the Counterparty. In that case, these costs will be charged to the Counterparty by Ribbon Sportgrip on the basis of actual costs incurred.
6. PERFORMANCE OF THE AGREEMENT
6.1 All work performed by Ribbon Sportgrip in the performance of the Agreement is carried out to the best of its knowledge and ability. As it is legally phrased: in accordance with the standards of good workmanship, based on the state of knowledge known at that time. With respect to the intended work, Ribbon Sportgrip has a best-efforts obligation. Ribbon Sportgrip therefore does not guarantee any particular result or expectations.
6.2 Ribbon Sportgrip has the right to have work carried out by third parties.
6.3 Ribbon Sportgrip determines the manner in which, and the persons by whom, the Agreement is performed, taking into account as far as possible the requirements made known by the Counterparty. Ribbon Sportgrip has the right to replace persons and/or employees involved in the performance of the Agreement.
6.4 Unless otherwise expressly agreed in writing, statements of dimensions, weights, and other data are estimates made as reliably as possible. No rights can be derived from these.
6.5 Stated periods for carrying out the work or for the delivery of certain items are indicative and are never strict deadlines. If a period is exceeded, the Counterparty must first give Ribbon Sportgrip written notice of default.
6.6 All advice and information provided by Ribbon Sportgrip is without obligation, without any liability for Ribbon Sportgrip arising from it.
6.7 Unless otherwise agreed, Ribbon Sportgrip's assignment never includes:
- checking whether the Counterparty's instructions comply with statutory or quality standards;
- carrying out structural calculations;
- investigating the existence of intellectual property rights;
- checking the accuracy, completeness, and reliability of the data and information supplied by the Counterparty.
6.8 Unless otherwise agreed, (customary) packaging material will not be taken back by Ribbon Sportgrip.
6.9 Ribbon Sportgrip has the right to perform the Agreement in various phases and to invoice the Counterparty separately for each phase.
6.10 If, after the Agreement has been formed, it turns out that the accepted Products cannot be delivered by Ribbon Sportgrip because Ribbon Sportgrip's supplier can no longer deliver, or because the Product is no longer in stock, Ribbon Sportgrip may offer the Counterparty an alternative. If the Counterparty cannot agree to the alternative, the Counterparty has the right to terminate the part of the Agreement that can no longer be performed. Ribbon Sportgrip is not obliged to pay any costs or compensation to the Counterparty.
6.11 If, after the Agreement has been formed, it turns out that it is necessary for its performance to amend or supplement the Products to be provided, the Parties will amend the Agreement in good time and in consultation.
6.12 If the Parties agree that the Agreement is amended or supplemented, this may affect the timing of delivery. Ribbon Sportgrip will inform the Counterparty of this as soon as possible. If the amendment and/or supplement to the Agreement has financial and/or qualitative consequences, Ribbon Sportgrip will inform the Counterparty accordingly.
7. DELIVERY AND TRANSPORT
7.1 The place of delivery is the address that the Counterparty has communicated to Ribbon Sportgrip.
7.2 The moment of delivery is:
- if the Parties have agreed that Ribbon Sportgrip will deliver the goods and/or services to the Counterparty's address or another location designated by the Counterparty: the moment Ribbon Sportgrip offers the goods and/or services at that location, even if receipt of the goods and/or services is refused by the Counterparty at that time;
- in the event that the Counterparty is to take receipt of the goods and/or services at Ribbon Sportgrip's address or a location designated by Ribbon Sportgrip: the moment at which the Counterparty was due, according to the agreement, to take receipt of the goods and/or services, even if receipt of the goods and/or services is refused by the Counterparty at that time, or even if the Counterparty does not appear in time at the agreed place and time to take receipt of the delivery.
7.3 From the moment of delivery, the risk of damage, loss, theft, and destruction of the goods rests with the Counterparty. If the Counterparty arranges transport itself, Ribbon Sportgrip also accepts no liability for any transport damage.
7.4 For deliveries abroad, Ribbon Sportgrip always charges transport costs separately to the Counterparty.
7.5 Ribbon Sportgrip will give an indication of the expected transport costs in advance, but the final costs will be charged based on the costs actually incurred for transport and any related levies.
7.6 The Counterparty is obliged to take delivery of the goods at the moment they are delivered to it. If the Counterparty refuses to take delivery or is negligent in providing instructions necessary for delivery, Ribbon Sportgrip has the right to store the goods at the expense and risk of the Counterparty.
7.7 Ribbon Sportgrip is at all times entitled to set off claims against the Counterparty with amounts owed to Ribbon Sportgrip by the Counterparty or a company affiliated with the Counterparty.
7.8 Ribbon Sportgrip's administrative records are at all times decisive for determining the delivery date and the amount owed by the Counterparty to Ribbon Sportgrip.
8. SUSPENSION AND TERMINATION
8.1 Ribbon Sportgrip has the right to suspend performance of the Agreement or to terminate the Agreement, without any obligation to pay any damages, compensation, or costs, if:
- the Counterparty fails to fulfil, does not fully fulfil, or does not timely fulfil the obligations under the Agreement; or
- circumstances that come to Ribbon Sportgrip's attention after the Agreement was concluded give good reason to fear that the Counterparty will not fulfil its obligations;
- due to delay on the part of the Counterparty, Ribbon Sportgrip can no longer be required to perform the Agreement under the originally agreed conditions; or
- the Counterparty does not provide the requested assurance for the fulfilment of its obligations under the Agreement; or
- there is misuse or improper use of the Products or services.
In the aforementioned cases, the Counterparty is, on grounds of breach of contract, liable to pay damages or compensation and is liable for all damage (including costs) directly or indirectly incurred by Ribbon Sportgrip.
8.2 Ribbon Sportgrip always has the right to refuse or terminate an Agreement, or an amendment thereto, if the Agreement is contrary to a statutory provision or regulation. Ribbon Sportgrip may also refuse or terminate an Agreement if, in its opinion, the Agreement could damage the interests or good name of its business.
8.3 If the Agreement between the Parties is terminated, Ribbon Sportgrip's claims against the Counterparty are immediately due and payable.
8.4 In the event of liquidation, (an application for) suspension of payment or bankruptcy, seizure to the detriment of the Counterparty (lasting longer than three months), debt restructuring, or any other circumstance as a result of which the Counterparty can no longer freely dispose of its assets, Ribbon Sportgrip is free to terminate the Agreement immediately and/or to cancel the Agreement, without any obligation to pay any damages or compensation. Ribbon Sportgrip's claims against the Counterparty are in this case immediately due and payable.
9. CANCELLATION
9.1 A full or partial cancellation of the Agreement by the Counterparty – other than an invocation of the right of withdrawal by the Consumer – is only possible by mutual consent. Ribbon Sportgrip can never be obliged to agree to a cancellation.
9.2 The cancellation date is the date on which Ribbon Sportgrip received the written cancellation.
9.3 Ribbon Sportgrip's administrative records are decisive for determining the costs incurred and the corresponding cancellation date.
10. FORCE MAJEURE
10.1 Ribbon Sportgrip is not obliged to fulfil any obligation under the Agreement if there is a case of force majeure (Article 6:75 of the Dutch Civil Code).
10.2 In addition to the provisions of law and case law, force majeure is understood to mean: all external causes, foreseen or unforeseen, over which Ribbon Sportgrip has no influence, but which prevent Ribbon Sportgrip from fulfilling its obligations under the Agreement. This also includes a strike at the business of Ribbon Sportgrip or third parties, and the situation in which Ribbon Sportgrip's suppliers deliver Products or services to it too late. This also includes the situation in which Ribbon Sportgrip is prevented from fulfilling any obligation due to government measures (including measures related to – combating – a pandemic or crisis), traffic disruptions, riots, war, extreme weather conditions, fire, and/or import, export, or transit bans. Ribbon Sportgrip may also invoke force majeure if the force majeure arises after Ribbon Sportgrip should have fulfilled the Agreement.
10.3 Ribbon Sportgrip has the right to suspend its obligations under the Agreement during the period in which the force majeure occurs. Both Parties have the right to terminate the Agreement without compensation for damages if this period of force majeure lasts longer than three months.
10.4 If, at the time force majeure occurs, Ribbon Sportgrip has already fulfilled part of its obligations under the Agreement, Ribbon Sportgrip may invoice for this in advance. The Counterparty is then obliged to pay this invoice as if it were a separate agreement.
11. PAYMENT
11.1 Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date. In many cases, however, Ribbon Sportgrip requires 100% prepayment, unless explicitly agreed otherwise, or unless Ribbon Sportgrip is not permitted to require 100% prepayment under law or regulations.
11.2 In the case of a jointly given order, each Counterparty is jointly and severally liable for payment of Ribbon Sportgrip's invoice, regardless of the name stated on the invoice.
11.3 In the event of non-payment or late payment, the Counterparty is in default without prior notice of default or demand from Ribbon Sportgrip from the moment the payment term expires. The Counterparty then owes contractual interest of 11% per month on the outstanding amounts (including collection costs) from the invoice due date until the moment the full amount owed is paid. All reasonable judicial and extrajudicial costs incurred to obtain payment are for the account of the Counterparty, with a minimum of €150.00 in all cases. For a Consumer, the statutory guidelines will be followed in this regard.
11.4 Ribbon Sportgrip has the right to first deduct payments made by the Counterparty from the costs and accrued interest, and subsequently from the principal sum and running interest. Payments by the Counterparty are always applied by Ribbon Sportgrip to settle the oldest outstanding claims.
11.5 The Counterparty may never set off anything against what it owes Ribbon Sportgrip.
11.6 Objections to the amount of an invoice or other objections do not suspend the Counterparty's payment obligation.
12. LIABILITY
12.1 Any liability of Ribbon Sportgrip always remains limited to what is regulated in these terms and conditions.
12.2 Ribbon Sportgrip and the third parties engaged by it are not liable for damage of any kind arising as a result of:
- incorrect and/or incomplete data provided by or on behalf of the Counterparty;
- the purchase of replacement goods, services, or technology;
- other persons present at the location where the Agreement is performed failing to observe generally applicable (safety) regulations, or failing to handle carefully what has been created by Ribbon Sportgrip;
- improper, careless, or unintended use of the Product, such as use of the Product in a manner for which it is not intended, or use contrary to the safety and/or usage instructions.
- normal wear and tear and depreciation of the Product occurring through no fault of Ribbon Sportgrip;
- circumstances beyond Ribbon Sportgrip's control.
12.3 Ribbon Sportgrip is never liable for the ultimate suitability of the Product for any individual application by the Counterparty, nor for any advice regarding the use and application of the Product.
12.4 Ribbon Sportgrip sells Products that may contain small parts. These small parts could potentially pose a choking hazard, particularly to children. The Counterparty expressly acknowledges being aware of this risk and agrees to the following:
a) Ribbon Sportgrip's Products are not intended for use by children and must at all times be kept out of reach of children.
b) Use of the Products near children or pets is entirely at the Counterparty's own risk.
c) The Counterparty is responsible for regularly inspecting the Products and/or parts of the Products. Inspection by the Counterparty relates to loose or broken parts, and upon discovery of such, the Product must be taken out of use immediately.
12.5 To the extent permitted by law, Ribbon Sportgrip accepts no liability whatsoever for any damage, expressly including but not limited to injury, choking, or death, directly or indirectly resulting from or related to the use of its Products or the presence of small parts therein.
12.6 Ribbon Sportgrip's liability is in any case always limited to the amount paid out by its insurer in that case, or, if no payment is made under the insurance, to at most the invoice amount that the Counterparty has paid to Ribbon Sportgrip for the part of the Agreement to which the liability relates, with a maximum of €500.
12.7 If liability is accepted, this applies only to direct damage. Direct damage consists of (1) the reasonable costs of establishing the cause and extent of the damage, (2) where applicable, the reasonable costs incurred to remedy Ribbon Sportgrip's defective performance, to the extent these can be attributed to Ribbon Sportgrip, and (3) the reasonable costs incurred to prevent or limit damage. The Counterparty must be able to demonstrate that these costs actually led to a limitation of the direct damage.
12.8 Ribbon Sportgrip is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage resulting from business interruption, and any damage that does not fall under the definition of direct damage within the meaning of these terms and conditions.
12.9 If any provision in this limitation of liability is deemed by a competent court to be unreasonably onerous or contrary to mandatory law, this provision will be limited to the maximum extent permitted by law.
12.10 The limitations of liability included in this article do not apply if Ribbon Sportgrip caused the damage intentionally or through gross negligence.
13. INDEMNIFICATION
13.1 To the extent permitted by law, the Counterparty fully indemnifies Ribbon Sportgrip against liability towards one or more third parties arising from and/or connected to the performance of the Agreement, regardless of whether the damage was caused or inflicted by Ribbon Sportgrip or by its auxiliary personnel, auxiliary items, or delivered goods or services. In addition, to the extent permitted by law, the Counterparty indemnifies Ribbon Sportgrip against all third-party claims relating to any infringement of the intellectual property rights of such third parties.
13.2 The Counterparty fully indemnifies Ribbon Sportgrip against all third-party claims, including but not limited to claims relating to choking hazards, injury, or death, arising from or related to the use of Ribbon Sportgrip's Products.
13.3 The Counterparty will always do everything possible to limit the damage as much as possible.
13.4 If the Counterparty uses or applies any result obtained from Ribbon Sportgrip, or allows third parties to use or apply it, the Counterparty indemnifies Ribbon Sportgrip against any liability for damage claimed by the Counterparty and/or third parties.
14. RETENTION OF TITLE
14.1 All (partial) products delivered by Ribbon Sportgrip within the scope of the Agreement remain the property of Ribbon Sportgrip until the Counterparty has fully fulfilled all obligations under the Agreement(s) concluded with Ribbon Sportgrip. During the retention of title, the Counterparty may not pledge, transfer ownership of, sell, or grant third parties any rights to the delivered (partial) products. The Counterparty is obliged to keep the goods with due care as recognisably the property of Ribbon Sportgrip.
14.2 The Counterparty is not authorised to sell, deliver, or otherwise dispose of these goods. The Counterparty is not permitted to encumber, pledge, transfer, or grant any other right to these goods to third parties. Nor is the Counterparty entitled to make any changes to the goods.
14.3 The Counterparty gives unconditional and irrevocable permission in advance to Ribbon Sportgrip (and any third parties designated by Ribbon Sportgrip) to enter any location where Ribbon Sportgrip's property is located, in order to exercise Ribbon Sportgrip's ownership rights and to reclaim the goods. The Counterparty must immediately inform Ribbon Sportgrip if it is experiencing, or threatens to experience, payment difficulties.
15. INTELLECTUAL PROPERTY
15.1 Ribbon Sportgrip always retains all rights to the plans, documents, images, drawings, models, product specifications, designs, styling, descriptions and/or related information and "know-how" created by it, even if costs were charged for these. If such an intellectual property right can only be obtained through a deposit or registration, only Ribbon Sportgrip is authorised to do so.
15.2 All intellectual property rights arising in the performance of the Agreement belong to Ribbon Sportgrip and may not be reproduced or copied, in whole or in part, in any form whatsoever, without Ribbon Sportgrip's prior consent. The Counterparty may also not make it available for purposes other than that for which it was provided by Ribbon Sportgrip.
15.3 Ribbon Sportgrip may publish and use photographs, drawings, and other related documents of its Products, for example on social media, in a publication, or for commercial purposes.
16. DUTY TO INSPECT
16.1 The goods to be delivered by Ribbon Sportgrip meet the usual requirements and standards that can reasonably be set for them at the time of delivery, and for which they are intended under normal use in the Netherlands. The Counterparty must inspect (or have inspected) what has been delivered by Ribbon Sportgrip immediately at the moment the goods are made available to it, establishing whether the quality and/or quantity corresponds to what was agreed. The Counterparty is also obliged to determine at that time whether the aesthetic appearance of the materials is satisfactory. If the Counterparty judges that the aesthetic appearance of the materials is not satisfactory, while what was delivered does meet the usual requirements and standards that can reasonably be set for it, the Counterparty may submit a request to Ribbon Sportgrip to replace the relevant material for an additional charge (to be determined by Ribbon Sportgrip). Ribbon Sportgrip is not obliged to accept such a request. Installation of the material is always considered acceptance of what was delivered.
16.2 Any visible defects must be reported to Ribbon Sportgrip in writing within 5 days of delivery. Any hidden defects must be reported to Ribbon Sportgrip in writing immediately, but no later than 14 days after discovery. The Counterparty must give Ribbon Sportgrip the opportunity to investigate (or have investigated) a complaint. No rights can be derived from a submitted complaint or suggestion for improvement.
16.3 For the application of these provisions, each partial delivery is considered a separate delivery.
16.4 Returns (other than those resulting from the Consumer's right of withdrawal) are not accepted without Ribbon Sportgrip's prior consent. Returns – after Ribbon Sportgrip's prior consent – always take place at the expense and risk of the Counterparty.
16.5 There may be differences in appearance between the delivered Product and earlier images, and between Products mutually. This may include, among other things (but not exclusively), colour differences or aesthetic deviations. This is inherent to the material. These differences do not provide grounds for a claim.
16.6 A sample may only be used to establish the average quality of the Product. The sample never guarantees that the final Product will have (exactly) the same colour or appearance. A difference in colour or appearance therefore does not provide grounds for a claim.
16.7 If a defect is established and reported in time, Ribbon Sportgrip will replace or repair the defect within a reasonable period after written notice thereof from the Counterparty.
16.8 If it is established that a claim was unjustified or not made in time, Ribbon Sportgrip may charge the Counterparty for any costs it has incurred as a result.
16.9 Filing complaints never releases the Counterparty from its obligation to accept delivery and/or to pay.
16.10 In the event of a late report of a defect/complaint, the Counterparty no longer has any right to repair, replacement, or any other compensation.
16.11 If, after delivery, what was delivered has not been used in accordance with the usage or application instructions in terms of its nature and/or composition, and/or if the Counterparty has made (or had made) changes to what was delivered, any right to repair, replacement, or any other compensation lapses.
16.12 The limitation period for all other claims and defences against Ribbon Sportgrip and third parties engaged by it is one year.
17. PRIVACY
Ribbon Sportgrip is familiar with the General Data Protection Regulation (GDPR) and takes this into account when processing any personal data provided by the Counterparty. No personal data is shared with third parties, unless (i) this is necessary for the proper performance of the Agreement; or (ii) Ribbon Sportgrip has a legal obligation to share the personal data; or (iii) Ribbon Sportgrip has received explicit consent from the Counterparty for this; or (iv) one of the other legal bases for the processing of personal data applies. If the Counterparty decides to provide personal data of third parties to Ribbon Sportgrip, the Counterparty shall, where necessary, ensure an appropriate arrangement that meets the requirements set out in the GDPR.
18. APPLICABLE LAW
18.1 Dutch law exclusively applies to all legal relationships with Ribbon Sportgrip.
18.2 The competent court in the place where Ribbon Sportgrip is established has exclusive jurisdiction to hear disputes, unless mandatory law prescribes otherwise.
18.3 The Vienna Sales Convention 1980 is expressly excluded.
18.4 The Parties will only turn to the courts after they have made every effort to resolve a dispute among themselves.
Information about returns
Ribbon Sportgrip
Only complete and return this form if you are a Consumer, wish to withdraw from the Agreement, and the right of withdrawal applies.
Returns
When you, as a Consumer, enter into an Agreement with us, you have the right to cancel the order up to 14 days after receiving it, without giving any reason, provided the product's seal has not been broken and it does not concern a custom-made product. After withdrawal, you have another 14 days to return the product to us. You will then be credited the full order amount, including shipping costs. Only the costs of returning the item from your address to our office address are for your own account. If you exercise the right of withdrawal, the product must be returned to us with all delivered accessories and, as far as possible, in its original condition and packaging. To exercise this right, you can contact us via info@ribbonsportgrip.com. We will then refund the amount owed within 14 days of registering your return, once the product has been received back by us in good order. You may inspect and assess the product, but may not break its seal and/or use the product. If the seal has been broken and/or it concerns a custom-made product and/or the product has been used, you can no longer exercise the right of withdrawal.
Identity of the trader (visiting and postal address)
Ribbon Sportgrip
Kastanjelaan 400
5616 LZ Eindhoven
Email address: info@ribbonsportgrip.com
Chamber of Commerce: 81823282
Model withdrawal form
I hereby give notice that I withdraw from our agreement concerning the sale of the following products:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Ordered on (DD-MM-YYYY): ________________________________ Invoice number: _______________________________
Received on (DD-MM-YYYY): _______________________________
Name of Consumer:
_________________________________________________________________________________
Address of Consumer:
_________________________________________________________________________________
_________________________________________________________________________________
IBAN account number: _____________________________________________________________
Signature of Consumer (only if submitted on paper):
_________________________________________________________________________________
Date: ___________________________________________________________________________