Terms of delivery

GENERAL TERMS AND CONDITIONS OF SALE OF TOGETSET – VERSION 2024

Article 1 - Definitions
In these general terms and conditions of sale, the words written with a capital letter have the meaning given to them in this article 1 and in the Terms and Conditions of Sale.
TOGETSET: the trade name of the private limited liability company Sportnumbers Holland B.V., with registered office in Molenaarsgraaf and registered office at (2973 AN) Molenaarsgraaf at Polderweg-oost 14, registered in the trade register at the Chamber of Commerce under number 63656531;

Customer: the natural or legal person who purchases products from TOGETSET;
Parties: TOGETSET and the Customer;
Products: the items to be delivered and/or delivered by TOGETSET to the Customer;
Quotation: the offer made by TOGETSET on its Website to deliver a specific Product to the Customer at a specific price;
Order: the offer made by a Customer to TOGETSET to deliver specific Products;
Agreement: the purchase agreement between the Parties;

Terms of Sale: these general terms of sale of TOGETSET;
Website: the website www.togetset.com.

Article 2 – Applicability
2.1 These Terms of Sale apply to all offers and Quotations, to all Agreements, as well as to the execution thereof. The Terms of Sale also apply to additional or amended Agreements.2.2 The applicability of any general or specific terms or conditions of the Customer, under whatever name, is expressly rejected.
2.3 Should any provision of the Terms of Sale be deemed by the court to be inapplicable or invalid, only the relevant provision will be considered as not having been written, but the Terms of Sale will otherwise remain fully in force. The parties will enter into consultation to replace the relevant inapplicable or invalid provision with a new provision, whereby the purpose and scope of the previous provision will be taken into account as much as possible.
2.4 In the event of a conflict between the provisions of the Terms of Sale and the provisions of the Agreement, the provisions of the Agreement will prevail over the provisions of the Terms of Sale.
2.5 TOGETSET is entitled to unilaterally amend the content of the Terms of Sale.
2.6 In the Conditions of Sale, electronic data traffic and faxes are considered equivalent to written documents. Electronic data traffic is understood to mean message traffic by e-mail, internet, Electronic Data Interchange and comparable forms of data transmission.

Article 3 – The Agreement
3.1 All amounts stated in the Quotation are in euros and exclusive or inclusive of VAT, unless stated otherwise. TOGETSET has the right to correct obvious errors in the price quotation.
3.2 The Agreement is concluded when the Customer (i) accepts the Quotation, (ii) has made the payment in accordance with the method specified on the Website and (iii) TOGETSET has confirmed the Agreement to the Customer in writing.

Article 4 - Payment and collection costs in case of payment based on invoicing
4.1 The invoice term is a fatal term.
4.2 If the Customer has not paid within the invoice term, they are legally in default. The Customer then owes interest of 1% per month. The Customer also owes extrajudicial collection costs, amounting to 15% of the outstanding amount with a minimum of € 250.00. If the Customer is a natural person, they owe the statutory interest and the statutory extrajudicial collection costs.
4.4 The Customer is not entitled to suspend any payment obligation or to invoke settlement.

Article 5 – Delivery
5.1 The delivery period is never a fatal term. TOGETSET has the right to have certain work carried out by third parties.
5.2 If and to the extent that the Agreement or part of the Agreement can be qualified as a contract of assignment, the applicability of articles 7:404, 7:407 paragraph 2 and 7:409 BW is expressly excluded if the Customer acts in the exercise of his profession or business.
5.3 If TOGETSET requires data from the Customer for the execution of the Agreement, the execution period will not commence until the Customer has made this available to TOGETSET correctly and completely.
5.4 TOGETSET is entitled to execute the Agreement in separate parts.
5.5. Delivery of the Products will take place by delivery to the address specified by the Customer.
5.6 If the Customer does not take delivery of the Products or does not take delivery of them on time, TOGETSET is entitled to store the products at the expense and risk of the Customer.

Article 6 - Inspection upon delivery/advertisement
6.1 The Customer must investigate immediately after delivery whether TOGETSET has properly fulfilled the Agreement. The Customer is obliged to inform TOGETSET immediately if the contrary appears to him. The Customer is obliged to make his notification to design@togetset.com and send the proof of purchase. The Customer must make the said investigation and the relevant notification in writing no later than 5 days after delivery, under penalty of forfeiture of any right in this regard.
6.2 Minor deviations between the delivered Products on the one hand and the display of the Products on the Website on the other hand are not a reason for rejection, discount, termination of the Agreement or compensation.
6.3 If it appears that the Customer has complained correctly and in a timely manner, TOGETSET is entitled to be the first to repair the defect or to arrange for replacement. In that case, the Customer will return the Product to TOGETSET.

Article 7 – Liability
7.1 TOGETSET is not liable for damage of any nature whatsoever arising from its reliance on incorrect and/or incomplete information provided by or on behalf of the Customer.
7.2 TOGETSET is only liable for damage (i) if this damage is covered by its liability insurance and up to the amount paid out by its insurance plus the deductible or (ii) if there is intent or gross negligence on the part of TOGETSET or one of its managers.
7.3 If there is (i) no intent or gross negligence or (ii) the insurance does not pay out, and TOGETSET is nevertheless liable, this liability is limited to direct damage only (whereby liability for indirect damage is expressly excluded, such as but not limited to lost profits, fines, etc.) with a maximum of the sales price.
7.4 All claims and other powers, on whatever grounds, that the Customer has against TOGETSET must be received in writing by TOGETSET within 1 month after the execution of the Agreement, failing which they will lapse.
7.5 The Customer indemnifies TOGETSET against claims from third parties who suffer damage in connection with the execution of the Agreement.

Article 8 - Intellectual property
8.1 TOGETSET reserves the rights and powers that accrue to it under the laws of intellectual property.
8.2 The Customer guarantees to respect the intellectual property rights of third parties and indemnifies TOGETSET against claims from third parties against it that are related to any (alleged) infringement thereof by him (or his employees or third parties engaged).

Article 9 - Force Majeure
9.1 Circumstances beyond the control of TOGETSET, which are of such a nature that compliance with the Agreement can no longer reasonably be required or can no longer be required to the full extent (such as but not limited to extreme weather conditions under which delivery or production is no longer possible in full or in part, national mourning, war, mobilization, unrest, flooding, closed shipping, other disruptions to transport, stagnation in, respectively restriction or cessation of supply by public utilities, shortage of coal, gas, petroleum products or other means of generating energy, fire, machine breakdown and other accidents, strikes, lockouts, trade union actions, export restrictions, lock-downs, other government measures, non-delivery of necessary raw materials, materials and semi-finished products by third parties (including but not limited to suppliers and sub-suppliers), intent or gross negligence of auxiliary persons, shortcomings or force majeure on the part of suppliers (or suppliers earlier in the chain) entitle the Parties to suspend the performance of the Agreement in accordance with the provisions of the Agreement. to suspend obligations for as long as the force majeure lasts.
9.2 If the force majeure lasts longer than three months, both Parties are entitled to terminate the Agreement without judicial intervention. In such a case, TOGETSET will refund the amounts paid, minus all reasonable costs incurred by TOGETSET in relation to the Agreement.

Article 10 – Confidentiality & protection of personal data
10.1 Parties guarantee that all data received from the other party that is known or should be known to be of a confidential nature, will remain secret. The party that receives confidential data will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the Parties. Parties cannot be held to this if the provision of data to a third party is necessary pursuant to a court ruling, a statutory provision or for the correct execution of the Agreement.
10.2 The Client guarantees that all European and statutory provisions regarding privacy have been and will be strictly observed. The Client will provide TOGETSET with the requested information in writing without delay. The Client will in any case ensure that appropriate technical and organisational measures are in place to ensure a level of security appropriate to the risk. The Client will indemnify TOGETSET against all claims by third parties that may be instituted against TOGETSET due to violation of the applicable privacy law and/or regulations and/or statutory retention periods. 10.3 Agreements between Parties regarding the processing of (also indirectly traceable) personal data will be recorded in writing. If at any time it is established that the Customer is a processor on behalf of or for the benefit of TOGETSET, these agreements will be recorded in a processing agreement.
10.4 The Customer will not transfer personal data outside the European Economic Area without prior written permission from TOGETSET.

Article 11 - Dissolution, Termination, and Cancellation of the Agreement
11.1 TOGETSET is entitled to terminate the Agreement, in addition to the statutory possibilities for termination, if:
a) the Customer does not, does not fully or does not timely fulfil the obligations under the Agreement;
b) after the conclusion of the Agreement, circumstances come to TOGETSET's attention that give good reason to fear that the Customer will not fulfil its obligations;
c) if the Customer's assets are seized, a WHOA procedure is started, or it is granted a moratorium on payments, or is declared bankrupt.
11.2 If the Agreement is terminated, TOGETSET's claims on the Customer are immediately due and payable.
11.3 If TOGETSET proceeds to termination, it is in no way obliged to compensate for damage and costs incurred in any way by the Customer as a result.

Article 12 - Retention of title
12.1 All delivered and yet to be delivered items remain the exclusive property of TOGETSET until all claims that TOGETSET has or will obtain on the Customer, including in any case the claims referred to in article 3:92 paragraph 2 of the Dutch Civil Code, have been paid in full.
12.2 As long as the ownership of the items has not been transferred to the Customer, the latter may not pledge the items or grant any other right to them to third parties.
12.3 The Customer is obliged to store the items that have been delivered under the retention of title with due care and as recognisable property of TOGETSET.
12.4 TOGETSET is entitled to take back (or have taken back) the items that have been delivered under retention of title and are still present at the Customer, if the Customer is in default with the fulfilment of its payment obligations.
12.5 The aforementioned points included in articles 12.1 to 12.4 inclusive do not affect the other rights to which TOGETSET is entitled.

Article 13 - Warranty
TOGETSET does not provide any guarantee on the Performance it delivers, unless expressly agreed otherwise in writing.

Atricle 14 - Applicable law and competent court
14.1 All legal relationships between TOGETSET and its Customer are exclusively governed by Dutch law.
14.2 All disputes relating to or arising from or connected with the Agreement will be brought exclusively before the absolutely competent court in the place of business of TOGETSET, unless TOGETSET chooses to institute the claim before the court of the Customer's place of residence.
14.3 In the event of a claim under € 25,000, a choice of court does not apply. In that case, the court of the Customer's place of residence has jurisdiction.
14.4 The applicability of the Vienna Sales Convention is excluded.
Agreement between TOGETSET and a Customer who is a natural person
The provisions included in this section apply in addition to the general provisions in these general terms and conditions if X supplies products to a consumer.

Article 15 - Distance selling
15.1 In the case of a distance purchase, each offer from TOGETSET contains such information that it is clear to the Customer what the rights and obligations are that are associated with the acceptance of the offer.
15.2 In the case of a distance purchase, the following applies:
a) TOGETSET will execute the accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the Customer will be notified of this as soon as possible.
b) If delivery of a Product proves to be impossible, TOGETSET will make every effort to provide a replacement Product. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement Product is being delivered. In the case of replacement Products, the Customer retains the right of withdrawal. The costs of return shipment are for the account of the Customer.
c) TOGETSET is entitled to pass on to the Customer any increases in taxes, excise duties or social security contributions imposed by the government. TOGETSET is entitled to charge the Customer for interim cost-increasing circumstances (i.e. circumstances after the conclusion of the Agreement), except within three months after the conclusion of the Agreement.

Article 16 - Right of withdrawal upon delivery of products
16.1 When purchasing the product remotely, the other party has the option to dissolve the agreement without giving reasons for 14 days (cooling-off period), starting from the day after receipt of the product by the Customer. If the Customer has paid an amount, TOGETSET will refund this amount as soon as possible, but no later than 14 days after the dissolution, unless the Customer has not yet received the delivered product back.
16.2 During the period of 14 days as stated in article 16.1 as mentioned above, the Customer will handle the Product and the packaging with care. The Customer will only unpack or use the Product to the extent necessary to be able to assess whether they wish to keep the Product. If the Customer wishes to exercise the right of withdrawal, they will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Customer, in accordance with the reasonable and clear instructions provided by TOGETSET. The costs for returning the product are borne by the Customer.

Article 17 - Set-off and suspension
By way of exception to Article 4.4 of these Terms of Sale, the Customer may invoke suspension and/or settlement, provided there are good grounds for doing so.