General terms and conditions
These terms and conditions are an integral part of the contract to the exclusion of the customer’s own terms and conditions. It can only be waived in writing. These general conditions of sale apply to both private and professional customers, in commercial transactions leading to the supply of goods or the provision of services in the context of an independent professional or economic activity.
General provisions
All orders placed at Sportz88 are subject to the terms and conditions below. Placing an order therefore implies the customer’s full and unreserved acceptance of these terms and conditions.
Deliveries
All orders for goods without printing that are passed before noon and are in stock at Sportz88’s warehouse can be delivered within 3 business days. This applies to deliveries in the BENELUX and Germany. All rates of our products do not include delivery charges. Orders from a value of €200 are delivered free of charge (valid in Belgium, the Netherlands and Luxembourg). Free delivery cannot be combined with other specific discount offers.
Orders are subject to a transportation cost. An overview by country:
- Belgium: €9,95 | +200 EUR = free shipping
- The Netherlands and Luxembourg: €14,95 | +200 EUR = free shipping
- France, Germany and Monaco: €15,95
- Denmark and Austria: €19,95
Other countries on request.
Exceeding these delivery deadlines does not entitle you to compensation, hold or cancel pending orders.
Upon receipt of your goods, Sportz88 recommends that you immediately check them against our enclosed delivery note. Any irregularities (sizes, colors, models, numbers,…) must be reported within 14 days of the delivery date. After the 14 days have expired, Sportz88 cannot accept a complaint.
Terms of payment
Orders may be paid in the following ways:
- Bancontact
- Credit card
- Paypal
- Ideal
Sportz88 may expand payment options in the future. These new payment options will then be announced on the website.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
If a credit card method of payment is chosen then it is subject to the terms and conditions of the respective card issuer. Sportz88 is not a party to the relationship between the consumer and the card issuer.
Our deliveries are payable through the web shop and must be paid in advance.
In case the sales contract deviates from the contacte payment period; apply following regulation;
Receipt of the invoice by operation of law and according to art 1139 of the Civil Code constitutes notice of default without the need for any deed and only by the expiration of the deadline. In case of non-payment within eight days following the sending of a registered letter, the debtor shall be liable, pursuant to art. 1147 of the Civil Code, to pay damages for non-payment, fixed conventionally and irreducibly at 12% with a minimum of 250 €, without prejudice to default interest. All disputes between the parties shall fall exclusively within the jurisdiction of the Court of Antwerp.
The merchandise delivered remains our property as long as the full price (principal, costs and interest) has not been paid. The transferee bears the risks from delivery. The latter must keep the goods in their condition. In the absence of payment of the invoice on the 8th calendar day after the registered dispatch of a reminder, the contract may be rescinded by us by operation of law and by a simple registered letter. All this is without prejudice to the payment of damages by the defaulting buyer.
Sales prices
Unless otherwise agreed in writing, all product prices are expressed in EURO. Prices remain valid until new prices appear and are subject to change during the year. If the price change is due to the increase in raw material prices or the exchange rate then the new prices may be set immediately.
Orders
Each order will be handled individually, i.e.: 1 order = 1 shipment. Any addition to an already transmitted order will be considered a new order and therefore new shipping and therefore possible transportation costs. All goods remain the property of Sportz88 until paid for. Back orders will be retained for 3 months (without contrary notice from the customer) and shipped without additional shipping costs (BENELUX). Backorders do not count toward a new order. The delivery times of these backorders are indicative and may change without prior notice. Under no circumstances can Sportz88 be held liable for any inventory problems.
Changes to orders
After Sportz88’s acceptance, the original orders cannot be changed except with the company’s explicit and written consent. In no case can the quantities of different orders be added together to claim a quantity rate.
Cancellation of orders
After the acceptance of the order by Sportz88, no cancellation performed by the buyer will be accepted. Sportz88 has the right, if applicable, to demand the execution of the order in question as well as the satisfaction of the price of the order through all possible legal means and, in particular, through summary judgment.
Returns
Any complaints regarding deliveries must be reported by mail to, within 14 working days after delivery to our returns department. Complaints can only be notified by means of a fully completed return form. Returns in connection with advertising that have not been approved by Sportz88, based on a return form sent to Sportz88 in advance, are not permitted. If a customer nevertheless sends items back in violation of this rule, or sends items back unfounded, these items, insofar as they have not been refused by Sportz88, will be kept at the customer’s disposal at the customer’s expense and risk, without any acknowledgement of the correctness of any warranty claim being derived from this. The cost of unwarranted returns shall be borne by customer. Returns approved by Sportz88 will be picked up by our collection service. If you do not use our pickup service, the goods must be returned to us, postage prepaid, within 5 days of approval of the return shipment ,.
Goods must be returned in original packaging, accompanied by a return form pre-approved by Sportz88, and may not contain any labels, etc. belonging to customer. If the conditions reported here are not met, Sportz88 will return the goods unstamped. When complaints are attributable to Sportz88, any return postage costs incurred will be reimbursed. If the cause of complaints is attributable to the customer, the costs of the return shipment shall be borne by the customer. If a customer uses our pickup service while the cause of the return is due to him we will charge €7.50 per package as a cost to the customer. Any right of the customer to invoke any defects in the goods at the time of delivery shall lapse 1 month after delivery, unless the customer can prove that the defect was already present at the time of delivery and only manifested itself later than 1 month after delivery.
The following items will not be exchanged or returned:
- Samples, underwear, worn (dirty) or damaged goods.
- Goods that are not in the original packaging.
- Custom made goods, printed or embroidered goods
- Goods in action and/or sale
If the above conditions are not met, we will not accept any returns and they will be returned immediately at the customer’s expense.
Return address: Sportz88, Stenenstap 12, 2500 Lier, Belgium
Quality
In order to make quality improvements, Sportz88 reserves the right to make interim changes to fabrics used, production materials, technical specifications as listed in our catalog. On this we cannot accept any complaints.
Force majeure
Force majeure refers to events beyond the control of the parties that affect the performance of the commitments including but not limited to internal labor disputes or strikes at the suppliers or transportation companies, supply problems, fire, accidents, natural disasters, regulatory or administrative problems, customs inspections, economic disputes of any kind, legal or regulatory provisions affecting the production and/or delivery of the products, refusal, limitation or cancellation of credit insurance coverage as well as any acts or omissions of any person or entities over which Sportz88 cannot exercise control. Delivery times may be extended by the duration of the impediment.
Sportz88 or the buyer may cancel the order if, due to the above events, the delay in delivery deadlines exceeds three months without the customer being entitled to any compensation. However, Sportz88 has the right to reclaim any expenses incurred. If the force majeure occurs when an order has already been partially fulfilled and the force majeure delays the remaining deliveries, the customer undertakes to keep the goods already delivered and to pay the price associated with them.
The provision of goods is subject to the buyer’s fulfillment of his obligations, in particular the payment of down payments or advance payments, the preparation of letters of credit, the guarantee, the buyer’s coverage by credit insurance, etc.
Exigibility
Subject to a prior postponement accepted by Sportz88, the non-payment of a single bill of exchange in the case of an explicit and previously accepted staggered payment shall result in the immediate exigibility of all remaining amounts due regardless of the method of payment provided as well as the rescission of the order in execution and all other orders without the company being required to proceed to a prior notice of default.
Retention of title clause
The delivered goods remain the property of Sportz88 until full payment of the price and additional costs. If the buyer’s business is transferred or pledged, the buyer must take all necessary measures so that the products, which remain the property of Sportz88, are not part of the transfer or pledge and so that the right of ownership is expressly recognized. In the event of seizure or forfeiture of the goods in favor of a third party, an application for judicial settlement or judicial liquidation of the purchaser, the purchaser must immediately inform Sportz88 and immediately take all measures to have Sportz88’s ownership recognized.
The buyer may sell the goods in the ordinary course of business. Goods from previous deliveries, must be sold before selling identical products from a more recent delivery.
As a result, if the buyer fails to make payments for one or more deliveries, the goods still in stock will correspond proportionately to these unpaid deliveries. Failure to pay a single bill by the due date or the deterioration of the buyer’s creditworthiness shall automatically void the right to sell.
If the goods, which are the subject of the retention of title, have been sold by the buyer in the event of non-payment by one of the agreed due dates, Sportz88 is automatically entitled to claim the proceeds of the goods so sold for the offset of the outstanding payment. In this case, the purchaser shall, at Sportz88’s convenience, at the latter’s request and until its account has been fully discharged, transfer to Sportz88 all income resulting from the sale of the goods under reservation of title.
Notwithstanding Sportz88’s retention of title to the delivered goods, all related risks are borne by the buyer from the time the goods are transferred to the transport company. The buyer is required to ensure adequate insurance and must be able to provide proof of this to Sportz88 at any time. Each order implies acceptance of this clause of retention of title.
Warranties and conditions of use
It is up to the buyer to carry out the tests regarding defects caused by the unsuitability of the materials or substances used. The products supplied by Sportz88 are not guaranteed against defects or faults due to failure to observe the precautions of use and, in particular, due to the unchecked compatibility of the materials or substances used.
In the case of hidden defects, the deadline for objections is one week after observation of the defect. The warranty regarding hidden defects covers only defects that render the product completely unsuitable for its intended use. In case of justified objections, Sportz88 will exchange the goods or, if this is not possible, grant the buyer a credit corresponding to the purchase price of the goods excl. VAT without claiming other damages of any kind. The claim for compensation does not suspend the exigibility of the amounts charged for the order to which the complaints relate, and Sportz88 is thus entitled to payment regardless of the circumstances. The company Sportz88 applies an expressly agreed label or imprint on all products in its product range, subject to prior explicit agreement with the purchaser and stated on the order form with the approval of Sportz88.
Applicable law and competent court
Any dispute arising from the present agreement must be brought before the competent court of the district of Antwerp. Belgian law applies.
