Terms of delivery
VAT
All our product prices are listed in euros, which can be set by the user as including or excluding VAT, shipping costs, and any assembly fees. VAT is always displayed in the shopping cart.
Shipping Costs
Shipping costs cannot be automatically calculated in the webshop.
Small orders are relatively expensive to ship. For orders under €120 (excluding VAT), we charge 4% for shipping, with a minimum of €9.00 (excluding VAT). For the shipping of heavy items (over 32 kg), large items (e.g., gym mats), or long items (longer than 2 meters) and items that require special packaging, we charge the cost price. We do not charge shipping costs for orders with only small materials over €120 (excluding VAT). If you want to avoid surprises, we recommend calling for information about your order: 038-4660216.
Avoiding Shipping Costs
You can pick up your order in Apeldoorn. Please make an appointment for this. Orders can also be picked up at events where MDsport will be present (e.g., study days, fairs, workshops, etc.). No shipping costs will be charged in these cases.
Price Changes
We pass on any interim price changes. We do our best to keep the site up to date, but please contact us in advance to avoid any surprises.
Warranty
We provide full warranty for our materials against material and/or manufacturing defects that arise from normal and professional use.
Delivery
We mostly deliver from stock, generally within 1 week, otherwise by agreement.
14-Day Trial Period
Sportive Motion accepts returns of items that do not meet your expectations, provided they are undamaged and returned within 14 days, after prior notification. Please contact us by phone.
Complaints
Complaints can be made within 14 days. We reserve the right to make changes to stock availability, typographical errors, prices, models, and colors.
Payments
Payment is due within 30 days of the invoice date. If payment is made after 30 days, statutory interest is owed on the invoice amount. Deliveries to private individuals via the website: after placing an order, Sportive Motion will send a so-called proforma invoice. Pickup in Zwolle: payment is in cash (no PIN machine available).
General Terms and Conditions
The Sportive Motion sales and payment conditions are filed with the Chamber of Commerce in Zwolle under number 018198001.
GENERAL TERMS AND CONDITIONS
By:
Sportive Motion
Vissenstraat 2
Apeldoorn
Hereinafter referred to as: the user
Article 1 Definitions
In these general terms and conditions, the following terms are used with the following meanings, unless explicitly stated otherwise:
- User: the user of these general terms and conditions;
- Buyer: the counterparty of the user, acting in the exercise of a profession or business;
- Agreement: the agreement between the user and the buyer.
Article 2 General
The provisions of these general terms and conditions apply to every offer and every agreement between the user and a buyer to which the user has declared these terms and conditions applicable, unless the parties have explicitly and in writing deviated from these terms.
These terms and conditions also apply to all agreements with the user for which third parties must be involved in their execution.
The buyer’s general terms and conditions apply only if it has been explicitly agreed in writing that they will apply to the agreement to the exclusion of these terms. In that case, any conflicting provisions in the general terms and conditions of the user and the buyer will only apply to the parties if and to the extent that they are part of the user’s terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are annulled, the remaining provisions will remain fully applicable. The user and the buyer will then consult to agree on new provisions to replace the invalid or annulled provisions, taking into account the objective and purpose of the original provision as much as possible.
Article 3 Offers and Quotations
All offers are non-binding, unless a deadline for acceptance is specified in the offer.
The quotations made by the user are non-binding; they are valid for thirty days, unless stated otherwise. The user is only bound by the quotations if the buyer’s acceptance is confirmed in writing within thirty days.
Delivery times in the user’s quotations are indicative and do not entitle the buyer to cancellation or compensation if exceeded, unless explicitly agreed otherwise.
The prices in the mentioned offers and quotations are exclusive of VAT and other government levies, as well as shipping and any transportation and packaging costs, unless explicitly stated otherwise.
If the acceptance (on minor points) deviates from the offer included in the quotation, the user is not bound by it. The agreement will not be concluded in accordance with this deviating acceptance unless the user indicates otherwise.
A combined price quotation does not obligate the user to deliver part of the items included in the offer or quotation at a corresponding portion of the stated price.
Offers or quotations do not automatically apply to reorders.
Article 4 Execution of the Agreement
The user will execute the agreement to the best of their insight and ability and in accordance with the standards of good craftsmanship, based on the current state of knowledge at the time.
If and to the extent that proper execution of the agreement requires it, the user has the right to have certain tasks performed by third parties.
The buyer is responsible for ensuring that all data which the user indicates are necessary, or which the buyer reasonably should understand are necessary for the execution of the agreement, are provided to the user in a timely manner. If the required data for the execution of the agreement is not provided to the user on time, the user has the right to suspend the execution of the agreement and/or charge the buyer for any additional costs arising from the delay at the usual rates.
The user is not liable for any damage, of any kind, resulting from the user relying on incorrect and/or incomplete data provided by the buyer, unless the user should reasonably have been aware of the inaccuracy or incompleteness.
If it has been agreed that the agreement will be executed in phases, the user may suspend the execution of parts belonging to the next phase until the buyer has approved the results of the preceding phase in writing.
If work is carried out by the user or third parties engaged by the user at the buyer's location or a location designated by the buyer, the buyer will provide, at no charge, the reasonable facilities required by those employees.
The buyer indemnifies the user against any claims by third parties, who suffer damage in connection with the execution of the agreement and which can be attributed to the buyer.
Article 5 Delivery
Delivery takes place from the user’s warehouse unless otherwise agreed.
If delivery is made based on “Incoterms,” the “Incoterms” in force at the time of concluding the agreement will apply.
The buyer is obligated to accept the goods at the moment the user delivers or arranges for delivery to them, or at the moment they are made available to the buyer according to the agreement.
If the buyer refuses to accept the goods or fails to provide necessary information or instructions for delivery, the user is entitled to store the goods at the buyer’s expense and risk.
If the goods are delivered, the user is entitled to charge any delivery costs. These will be invoiced separately.
If the user requires data from the buyer for the execution of the agreement, the delivery time begins once the buyer has provided these to the user.
If the user has specified a delivery time, it is indicative. A specified delivery time is never a strict deadline. If the deadline is exceeded, the buyer must formally notify the user of the delay.
The user has the right to deliver the goods in parts unless this has been deviated from in the agreement or unless the partial delivery has no independent value. The user is entitled to invoice the delivered parts separately.
If it has been agreed that the agreement will be executed in phases, the user may suspend the execution of parts belonging to the next phase until the buyer has approved the results of the preceding phase in writing.
Article 6 Samples and Models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided solely as an indication, without the goods needing to conform to it, unless explicitly agreed that the goods will correspond with it.
In agreements regarding real estate, the mention of the area or other dimensions and specifications is also presumed to be provided solely as an indication, without the goods needing to conform to them.
Article 7 Inspection, Complaints
The buyer is obligated to inspect the delivered goods at the moment of (receipt) delivery, but in any case within the shortest possible period. The buyer should check whether the quality and quantity of the delivered goods correspond to what was agreed upon or at least meet the requirements that are customary in regular (trade) practice.
Any visible defects or shortages must be reported to the user in writing within three days after delivery. Non-visible defects or shortages must be reported within three weeks after discovery, but no later than 12 months after delivery.
If a timely complaint is made under the previous paragraph, the buyer remains obligated to accept and pay for the purchased goods. If the buyer wishes to return defective goods, this must be done with prior written consent from the user and in the manner specified by the user.
Article 8 Fees, Price, and Costs
If the user has agreed to a fixed sale price with the buyer, the user is nonetheless entitled to increase the price.
The user may pass on price increases, for example, if significant price changes occur between the time of the offer and execution of the agreement, in relation to exchange rates, wages, raw materials, semi-finished products, packaging materials, etc.
The prices applied by the user are exclusive of VAT and any other levies, as well as any costs incurred in connection with the agreement, including shipping, administrative, and assembly costs, unless stated otherwise.
Delivery to private individuals takes place after payment of a proforma invoice or on a cash-on-delivery basis.
Article 9 Modification of the Agreement
If during the execution of the agreement it becomes apparent that for proper execution it is necessary to modify and/or supplement the tasks to be performed, the parties will timely and in mutual consultation adjust the agreement accordingly.
If the parties agree that the agreement will be modified and/or supplemented, the time of completion of the execution may be affected. The user will notify the buyer as soon as possible.
If the modification and/or supplement of the agreement has financial and/or qualitative consequences, the user will inform the buyer about this beforehand.
If a fixed rate has been agreed, the user will indicate to what extent the modification or supplement of the agreement will result in exceeding this fixed rate.
Notwithstanding the above, the user will not charge additional costs if the modification or supplement is the result of circumstances attributable to the user.
Article 10 Payment
Payment must be made within 30 days after the invoice date, in a manner specified by the user and in the currency in which the invoice was issued. Objections to the amount of the invoices do not suspend the obligation to pay.
If the buyer fails to make payment within the 30-day period, the buyer is in default by operation of law. In that case, the buyer owes interest at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest on the overdue amount will be calculated from the moment the buyer is in default until the full payment of the amount.
In the event of liquidation, bankruptcy, seizure, or suspension of payments by the buyer, the user’s claims against the buyer become immediately due and payable.
The user has the right to apply any payments made by the buyer first to cover costs, then to reduce overdue interest, and finally to reduce the principal amount and ongoing interest. The user may refuse an offer of payment if the buyer specifies a different order for allocation. The user may refuse full repayment of the principal if the overdue and ongoing interest, as well as costs, are not paid.
The user has the option to charge a credit limitation surcharge of 2%. This surcharge is not due if payment is made within 29 days after the invoice date.
Article 11 Retention of Title
All goods supplied by the user, including any designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of the user until the buyer has fulfilled all obligations under all agreements concluded with the user.
The buyer is not authorized to pledge or encumber the goods subject to the retention of title in any way.
If third parties seize the goods subject to retention of title or wish to establish or assert rights to them, the buyer is obliged to notify the user as soon as reasonably expected.
The buyer agrees to insure the goods supplied under retention of title and keep them insured against fire, explosion, water damage, and theft, and to provide the policy of this insurance for inspection upon the user’s first request.
Goods supplied by the user, which under the provisions of this article fall under retention of title, may only be resold in the normal course of business and may never be used as a means of payment.
In the event the user wishes to exercise its rights under this article, the buyer hereby grants unconditional and irrevocable permission to the user or its designated third parties to enter any premises where the user’s goods are located and take back those goods.
Article 12 Warranty
The user guarantees that the goods to be supplied meet the usual requirements and standards that can be expected and are free from any defects.
The warranty mentioned in section 1 also applies if the goods to be supplied are intended for use abroad and the buyer has expressly notified the user in writing of this use at the time of entering into the agreement.
For the warranty mentioned in section 1 after delivery, the period guaranteed by the producer of the goods applies.
If the goods do not meet these guarantees, the user will, within a reasonable period after receipt of the goods or, if return is not reasonably possible, after the buyer’s written notification of the defect, replace the goods or ensure their repair, at the user’s discretion. In case of replacement, the buyer agrees to return the replaced goods to the user and transfer ownership of them to the user.
The warranty does not apply if the defect has arisen due to improper or inappropriate use, or if, without the user’s written consent, the buyer or third parties have made modifications or attempted modifications to the goods or used them for purposes for which they were not intended.
If the warranty provided by the user concerns a product made by a third party, the warranty is limited to the warranty provided by the producer of the product.
The user will take back its own manufactured products that do not meet expectations within 14 days, provided the items are undamaged. The buyer bears the return costs for these items.
Article 13 Collection Costs
If the buyer is in default or fails to fulfill one or more of their obligations, all reasonable costs incurred to obtain fulfillment out of court will be borne by the buyer. If the buyer fails to make timely payment of a sum of money, they will forfeit an immediately payable penalty of 15% of the outstanding amount, with a minimum of €50.00.
If the user has incurred higher costs that were reasonably necessary, these may also be eligible for reimbursement.
Any reasonable judicial and enforcement costs incurred will also be borne by the buyer.
The buyer will owe interest on the collection costs incurred.
Article 14 Suspension and Termination
The user has the right to suspend the fulfillment of obligations or terminate the agreement if: – The buyer fails to fulfill the obligations under the agreement, either fully or partially. – After the conclusion of the agreement, circumstances arise that give the user good reason to fear that the buyer will not fulfill their obligations. If there is reasonable cause to fear that the buyer will only partially or improperly fulfill their obligations, suspension is only allowed insofar as the shortcoming justifies it. – The buyer was asked to provide security for the fulfillment of their obligations under the agreement at the time of the agreement's conclusion, and this security is not provided or is insufficient. Once security is provided, the right to suspend expires, unless this delays fulfillment unreasonably.
The user is also entitled to terminate the agreement if circumstances arise that make it impossible to fulfill the agreement or if, under the principles of reasonableness and fairness, performance can no longer be demanded, or if other circumstances arise that make it unreasonable to expect the continuation of the agreement.
If the agreement is terminated, the user’s claims against the buyer become immediately due and payable. If the user suspends the fulfillment of obligations, they retain their rights under the law and the agreement.
The user always retains the right to claim compensation.
Article 15 Return of Provided Goods
If the user has provided goods to the buyer in the performance of the agreement, the buyer is obliged to return the goods within 14 days in their original condition, in the original packaging, free from defects, and complete. If the buyer fails to fulfill this obligation, all costs arising from this will be at their expense.
If the buyer fails to fulfill the obligation mentioned in section 1, after receiving a reminder, the user has the right to recover the resulting damage and costs, including the costs of replacement, from the buyer.
Article 16 Liability
If goods delivered by the user are defective, the user's liability towards the buyer is limited to what is provided under the "Warranties" section of these terms.
If the user is liable for direct damage, the liability is limited to a maximum of twice the amount of the invoice, or the part of the agreement to which the liability pertains, or a maximum of €1,000,000 (one million euros). Liability is always limited to the amount of the payout that the user’s insurer would provide in the event of a claim.
Direct damage is understood to mean only: – Reasonable costs to determine the cause and extent of the damage, provided that the determination pertains to damage as defined in these terms;
– Any reasonable costs incurred to bring the user’s defective performance in line with the agreement, unless the defect cannot be attributed to the user;
– Reasonable costs incurred to prevent or reduce damage, as long as the buyer demonstrates that these costs led to a reduction in direct damage as defined in these terms.
The user is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage caused by business interruption.
The limitations of liability for direct damage do not apply if the damage is due to intent or gross negligence by the user or their subordinates.
Article 17 Risk Transfer
The risk of loss or damage to the products subject to the agreement passes to the buyer at the moment when these are legally and/or physically delivered to the buyer and thus come into the possession of the buyer or a third party designated by the buyer.
Article 18 Force Majeure
Neither party is obliged to fulfill any obligation if they are hindered by an event that is not attributable to fault and is not their responsibility under the law, a legal act, or prevailing views in trade.
Force majeure in these terms includes, in addition to what is understood by the term in the law and case law, all external causes, whether foreseen or unforeseen, which the user cannot influence, but which prevent the user from fulfilling their obligations. Strikes within the user’s company are included.
The user is also entitled to invoke force majeure if the circumstance preventing further fulfillment occurs after the user should have fulfilled their obligation.
During the period of force majeure, either party may suspend the obligations under the agreement. If this period lasts longer than two months, either party is entitled to terminate the agreement without the obligation to compensate the other party for any damage.
To the extent that the user has already fulfilled or will fulfill part of their obligations under the agreement at the time of force majeure, and the fulfilled or to be fulfilled part has independent value, the user is entitled to invoice the already fulfilled or to be fulfilled part separately. The buyer is obliged to pay this invoice as if it were a separate agreement.Article 19 Indemnities
The buyer indemnifies the user against claims from third parties regarding intellectual property rights on materials or data provided by the buyer, which are used in the execution of the agreement.
If the buyer provides the user with data carriers, electronic files, or software, the buyer guarantees that these data carriers, electronic files, or software are free from viruses and defects.
Article 20 Intellectual Property and Copyrights
Notwithstanding any other provisions in these terms, the user reserves the rights and powers granted under the Copyright Act.
The buyer is not permitted to make any alterations to the goods, unless the nature of the delivered goods dictates otherwise or it has been agreed upon in writing.
Any designs, sketches, drawings, films, software, and other materials or (electronic) files that may be created by the user in the context of the agreement remain the property of the user, regardless of whether they have been provided to the buyer or third parties, unless otherwise agreed.
All materials provided by the user, such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended for the buyer’s use and may not be reproduced, disclosed, or made known to third parties without the user’s prior consent, unless the nature of the materials provided dictates otherwise.
The user retains the right to use any knowledge gained during the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
Article 21 Confidentiality
Both parties are obliged to maintain the confidentiality of all confidential information they have received from each other or from other sources in the context of their agreement. Information is considered confidential if this is communicated by one party or if it follows from the nature of the information.
If, based on a legal provision or court ruling, the user is required to disclose confidential information to third parties designated by law or the competent court, and the user cannot invoke a legal or court-recognized right of confidentiality, the user is not liable for damages or indemnification. The other party is also not entitled to terminate the agreement due to any damage caused by such disclosure.
Article 22 Non-solicitation of Personnel
The buyer shall not, during the term of the agreement and for one year after its termination, directly or indirectly, employ or otherwise engage employees of the user or of companies used by the user in the execution of the agreement, without prior proper business consultation with the user regarding such action.
Article 23 Disputes
The court in the user's place of establishment shall have exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user reserves the right to submit the dispute to the competent court according to the law.
The parties will first attempt, to the fullest extent possible, to settle any dispute through mutual consultation before resorting to legal action.
Article 24 Applicable Law
Dutch law shall apply to any agreement between the user and the buyer. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Article 25 Modification, Interpretation, and Availability of Terms
These terms and conditions have been filed at the Chamber of Commerce in Zwolle.
In case of interpretation of the content and meaning of these terms, the Dutch text shall always prevail.
The version of these terms that was filed most recently, or the version that was in effect at the time the agreement was concluded, shall apply.
