Algemene voorwaarden

1. Company identity

We are XaviSport.nl VOF

1.1 We are also:

Sportsweardesigner.eu, RugbyOnline.nl, LogoSokken.eu and LogoSocks.eu.
1.2 You can reach us like this:
Call: 0031-(0)475-537482 Email : info@xavisport.nl
Write: Groenstraat 98

6074 EL Melick Become
friends:  https://www.facebook.com/xavisport.nl/

Part -1(Terms and Conditions) 

2. Applicability

2.1. These General Terms and Conditions of Sale (hereinafter: Conditions) apply to all offers, orders and agreements of xavisport.nl to the
exclusion of any other general terms and conditions .
These Terms and Conditions have been filed with the Chamber of
Commerce in Venlo under number 65935977 and will be
sent by us on request.

2.2. Accepting an offer or placing an order implies that
you accept the applicability of these Terms.

2.3. The provisions of these Terms and Conditions can only be deviated from in writing, in
which case the other provisions will remain in full force and effect.

2.4. All rights and claims, as stipulated in these Terms and Conditions and in any further
agreements for xavisport.nl, are also stipulated
for intermediaries and other third parties engaged by xavisport.nl.

3. Agreement

3.1. An agreement is only concluded after acceptance of your order by xavisport.nl. Xavisport.nl is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, xavisport.nl will inform you within ten (10) working days after receipt of the order.

3.2 Information regarding the offer, such as properties, sizes, colour, weight, etc., as well as the information in brochures and websites provided by XaviSport with the offer, are not binding for him and are given in good faith.

3.3 If no agreement is reached between the client and XaviSport for the execution of the work for personalized products, the client is obliged to return the design and all other resources made available by XaviSport within 30 days. If the resources made available are not returned within 40 days, XaviSport has the right to declare the client in default by operation of law and to claim a fine of €5,000.

Part – 2

4. Intellectual Property Rights

4.1. XaviSport reserves all intellectual property rights on all designs, images, drawings, models,
texts, text proposals, etc. provided by XaviSport. Reproduction, publication and copying are only permitted with the express written permission of XaviSport. The designs, images, drawings, models, texts, text proposals, etc. remain XaviSport’s and are inalienable property and must be returned immediately upon first request.

4.2. The provisions referred to in the first paragraph of this article may only
be used by the client for the agreed purpose. XaviSport is entitled to make an additional claim if the client intends to use or intends to use the said goods for another purpose or have them used by third parties.

4.2. For every act performed in violation of this provision, the other party owes a fixed fine of €5,000, without prejudice to XaviSport’s right to claim full compensation.

4.3. XaviSport.nl cannot be held liable for any copyrights for logos, logos and texts supplied by the customer. The customer must check whether these images may be used freely or whether they obtain the rights themselves.

5. Prices

5.1. All offers from xavisport.nl are without obligation and xavisport.nl expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.

5.2. All prices are stated in Euros including VAT and excluding shipping costs unless stated otherwise.

Part – 3

6 . Down payment

XaviSport is entitled to request a down payment of at least 100% when entering into the agreement, unless otherwise agreed. If the agreement is dissolved due to a default on the part of XaviSport, the buyer has the right to a refund of the down payment made, in addition to compensation, as further regulated in these terms and conditions, which in any case includes the statutory interest on the amount paid in advance by him.

7. Shipping costs

For orders in the webshop we ship with DHL, DPD or TNT. We charge six euros and ninety-five cents (€6.95) for each order, unless otherwise stated. For transport to Belgium, Germany and Luxembourg we charge a rate of nine euros and ninety-five cents (€9.95). For customers from other countries, the possible contribution to the shipping costs depends on the country and the amount of your order. You can obtain information about this by sending an email to info@xavisport.nl. xavisport.nl is not liable for theft, loss or damage of goods during shipment by the parcel service.

Part – 4

8. Returns

8.1. All non-personalized items can be returned within 14 days of receipt, after which you will receive a refund of the purchase price and shipping costs within 14 days. However, it expressly applies that no changes may have been made to the delivered or to the delivered item. All accompanying documents and packaging material must be delivered to xavisport.nl in an undamaged condition. This in accordance with the Distance Selling Act. If this aspect is not taken into account, we can unfortunately not take back the items and cancel the payment.

8.2. You are obliged to check whether the items delivered to your home comply with the order. If this is not the case, you can report this within 14 days by e-mail to info@xavisport.nl, stating the order number in the subject of your e-mail, and a clear explanation of why the item does not comply. Xavisport.nl will replace the item or cancel your payment if it is shown that you do not accept the item for valid reasons.

8.3. In the exceptional case that an article is sent that does not comply with the order, xavisport.nl reserves the right to replace the article with a new one or to return the paid amount. xavisport.nl will pay the return shipping costs in this case.

8.4. If you return something, follow these steps:

Send an e-mail to info@xavisport.nl so that we expect your shipment.
PLEASE NOTE: State the order number or
invoice number that you received via email in the subject of your email. Pack the items in such a way as to avoid damage. Address the package with which the items are returned.

8.5. Personalized products by name, number, initials, logos or a completely own design. These products cannot be returned.

Terms and Conditions Part – 5

9. Payments

9.1. Payment must be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within twenty-one (21) days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.

9.2. If the payment term is exceeded, you are in default from the day payment should have been made and you owe default interest of 1% per month or part of a month on the outstanding amount from that day. If payment is made after a reminder from xavisport.nl, you owe an amount of twenty-two euros and sixty-nine eurocents (€22.69) in administration costs and if xavisport.nl outsources its claim for collection, you also owe the collection costs , which are at least fifteen percent. (15%) of the outstanding amount, without prejudice to xavisport.nl’s authority to instead claim the extrajudicial collection costs actually incurred.

9.3. If you are in default with any payment, xavisport.nl is entitled to suspend or dissolve (the execution of) the agreement in question and related agreements.

9.4. If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by xavisport.nl

10. Delivery

10.1. The delivery times specified by xavisport.nl are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.

10.2. Delivery of the products takes place after receipt of payment and at the place and time when the products are ready for shipment to you.

10.3. The actual execution of the delivery is provided by TNT, DHL, FedEx or
DPD. Therefore, the date of receipt of each shipment also depends on the
performance of the carrier.

Part – 6

11. Retention of title

Ownership of the delivered products only transfers if you have paid all that you owe to xavisport.nl under any agreement. The risk in respect of the products is already transferred to you at the time of delivery.

12. Complaints and Liability

12.1. You have the obligation to examine whether the products comply with the agreement upon delivery. If this is not the case, you must notify xavisport.nl of this as soon as possible and in any case within three (3) days after delivery, at least after observation was reasonably possible, in writing and stating reasons.

12.2. If it is shown that the products do not comply with the agreement, xavisport.nl has the choice to replace the products concerned with new products against their return or to refund the invoice value thereof.

12.3. XaviSport is not liable for costs, damages and interest that may arise as a direct or indirect consequence of:
force majeure, as further described in these terms and conditions
acts or omissions of the client, his subordinates, or other persons appointed by or on behalf of him have been put to work;
· errors and/or defects in a design that were not discovered by the client when the design concerned was approved.

12.4. Texts and/or instructions from the clients are processed according to the specified
copy and/or written order. XaviSport is not liable for any damage caused by oral copy and/or assignments, instructions, etc.

12.5. XaviSport is only liable, insofar as its insurance covers this, or at most the invoice value, for damage to the work and/or property of the client and/or third parties, insofar as caused by gross negligence on the part of XaviSport or those have been put to work.

12.6. In principle, XaviSport will not be obliged to compensate a client for loss of profits and/or consequential loss, depending on the nature of the debt. 

12.7. The client indemnifies XaviSport against all claims from third parties with regard to
infringements of their patent, trademark or copyright, unlawful act or breach of contract, arising from the work assigned by the other party.

Part – 7

13. Electronic Communications and Evidence

13.1. Xavisport.nl is not liable for misunderstanding, mutilations, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the Customer and xavisport.nl (or third parties engaged by the Customer). unless and insofar as there is intent or gross negligence on the part of xavisport.nl.

13.2. xavisport’s records serve as full proof of the existence, content and performance of the agreement with the Customer in any legal proceedings, until the contrary is proved by the party relying on the fact that the proof is not reliable.

Part – 8

14. Force Majeure

14.1. Without prejudice to its other rights, in the event of force majeure, xavisport has the right, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you of this in writing and this without xavisport.nl being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

14.2. Force majeure is understood to mean any shortcoming that
cannot be attributed to xavisport.nl, because it is not due to its
fault and is not for its account under the law, legal act or generally accepted standards

15. Copyright


All rights are reserved. Nothing from this web page may be copied, stored and/or distributed without written permission from xavisport.nl.

Terms & Conditions Part – 9

16. Privacy


All personal data is used exclusively for processing the order and for managing the resulting customer relationship. Your data will never be made available to third parties.

17.Warranty

For goods sold and delivered with factory or. importer’s or wholesaler’s warranty, only the warranty provisions set by these suppliers apply.

18. Miscellaneous

18.1. If one or more of the provisions of these Terms and Conditions or any other agreement with xavisport.nl should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legal provision to be determined by xavisport.nl permissible comparable provision.

18.2. XaviSport is authorized to use third parties for the execution of your order(s).

19. Applicable law and competent court

19.1. All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.

19.2. All disputes between the parties will be submitted exclusively to
the competent court in the Netherlands.Terms and Conditions