Terms of service

**GENERAL TERMS AND CONDITIONS FOR CLASSIC PITCH WEAR (B2C)**

**Article 1 - Definitions**

Classicpitchwear, based in Nistelrode, with Chamber of Commerce number 93629095, is referred to in these general terms and conditions as the seller.  
The other party of the seller is referred to as the buyer.  
The seller and buyer are jointly referred to as parties.  
The term “agreement” refers to the purchase agreement between the parties.

**Article 2 - Applicability of Terms**

These terms apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.  
Any deviation from these terms is only valid if explicitly agreed upon in writing by both parties.

**Article 3 - Payment**

The full purchase price is always paid immediately in the webshop. For reservations, a deposit may be required. In such cases, the buyer will receive proof of the reservation and the advance payment.  
If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend their obligations until the buyer fulfills their payment obligation.  
If the buyer remains in default, the seller will proceed to collect the debt. The associated collection costs will be borne by the buyer. These collection costs are calculated according to the Decree on Compensation for Extrajudicial Collection Costs.  
In the event of liquidation, bankruptcy, seizure, or suspension of payments by the buyer, the seller's claims on the buyer become immediately due and payable.  
If the buyer refuses to cooperate in the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.

**Article 4 - Offers, Quotes, and Pricing**

Offers are non-binding unless a period for acceptance is specified in the offer. If the offer is not accepted within that specified period, the offer expires.  
Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation in case of delay, unless the parties have explicitly agreed otherwise in writing.  
Offers and quotes do not automatically apply to future orders. The parties must explicitly agree on this in writing.  
The price listed in offers, quotations, and invoices includes the purchase price plus any applicable VAT and other government levies.

**Article 5 - Right of Withdrawal**

The consumer has the right to dissolve the agreement without giving any reason within 30 days after receiving the order (right of withdrawal). The period starts from the moment the entire order has been received by the consumer.  
There is no right of withdrawal for products that are custom-made according to the consumer's specifications or are perishable.  
The consumer may use a withdrawal form provided by the seller. The seller is obligated to make this form available to the buyer immediately upon request.  
During the withdrawal period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, they will return the unused and undamaged product, including all delivered accessories, and if reasonably possible, in the original shipping packaging, to the seller, following the reasonable and clear instructions provided by the seller.

**Article 6 - Modification of the Agreement**

If, during the execution of the agreement, it becomes necessary to modify or supplement the work to ensure proper performance, the parties will adjust the agreement accordingly in a timely manner and by mutual consent.  
If the parties agree to modify or supplement the agreement, the completion date of the execution may be affected. The seller will notify the buyer of this as soon as possible.  
If the modification or supplementation of the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.  
If the parties have agreed on a fixed price, the seller will indicate the extent to which the modification or supplementation of the agreement will result in exceeding this price.  
Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplementation results from circumstances attributable to the seller.

**Article 7 - Delivery and Transfer of Risk**

The risk transfers from the seller to the buyer as soon as the purchased goods are received by the buyer.

**Article 8 - Inspection and Complaints**

The buyer is obliged to inspect the delivered goods upon (receipt) delivery, or at least within the shortest possible period. The buyer should examine whether the quality and quantity of the delivered goods correspond with what was agreed upon, or at least meet the requirements that are customary in trade.  
Complaints about damage, shortages, or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery.  
If a complaint is justified within the specified period, the seller has the right to either repair the goods, redeliver, or issue a credit note to the buyer for that part of the purchase price.  
Minor and/or industry-standard deviations in quality, quantity, size, or finish cannot be held against the seller.  
Complaints concerning a specific product do not affect other products or components of the same agreement.  
Complaints will no longer be accepted once the goods have been processed by the buyer.

**Article 9 - Samples and Models**

If a sample or model has been shown or provided to the buyer, it is presumed to have been shown or provided as an indication only, without the delivered item necessarily having to conform to it, unless the parties have expressly agreed that the item will conform to it.  
In agreements regarding immovable property, the mention of surface area or other dimensions and indications is also presumed to be only indicative, without the delivered item necessarily having to conform to it.

**Article 10 - Delivery**

Delivery is made 'ex works/store/warehouse.' This means all costs are borne by the buyer.  
The buyer is obliged to accept the goods at the moment the seller delivers or has them delivered, or at the moment the goods are made available to them according to the agreement.  
If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.  
If the goods are delivered, the seller is entitled to charge any delivery costs.  
If the seller requires information from the buyer for the execution of the agreement, the delivery period commences after the buyer has provided this information to the seller.  
A delivery period provided by the seller is indicative. It is never a strict deadline. The buyer must give the seller written notice of default if the deadline is exceeded.  
The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these partial deliveries separately.

**Article 11 - Force Majeure**

If the seller cannot fulfill, fulfill on time, or properly fulfill their obligations under the agreement due to force majeure, they are not liable for any damages incurred by the buyer.  
The parties consider force majeure to include any circumstance that could not have been anticipated at the time the agreement was made and that reasonably prevents the normal execution of the agreement, such as illness, war or threat of war, civil unrest, sabotage, terrorism, power outages, floods, earthquakes, fire, business occupation, strikes, employee lockouts, changes in government regulations, transport difficulties, and other disruptions in the seller's business.  
Force majeure also includes circumstances where third-party suppliers, on whom the seller depends for executing the agreement, do not fulfill their contractual obligations to the seller unless the seller is at fault.  
If a force majeure situation arises that prevents the seller from fulfilling their obligations to the buyer, those obligations will be suspended as long as the force majeure situation continues. If the force majeure situation lasts for 30 calendar days, both parties have the right to terminate the agreement in writing, in whole or in part.  
If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done via registered mail.

**Article 12 - Transfer of Rights**

No party may transfer any rights arising from this agreement without the prior written consent of the other party. This provision is considered a property law stipulation as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

**Article 13 - Retention of Title and Right of Retention**

Goods delivered by the seller and in the possession of the seller, as well as delivered goods and parts, remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller may invoke their retention of title and take back the goods.  
If the agreed advance payments are not made, the seller is entitled to suspend the work until the agreed portion is paid. In such cases, the buyer cannot hold the seller liable for late delivery.  
The seller is not entitled to pledge or encumber goods subject to retention of title in any other way.  
The seller undertakes to insure the goods delivered to the buyer against the risk of fire, explosion, water damage, and theft and to keep them insured as long as the goods are the property of the seller, and to provide the insurance policy for inspection upon request.  
If goods have not yet been delivered, but the agreed advance payment or price has not been made as agreed, the seller has the right of retention. The goods will not be delivered until the buyer has fully and correctly paid.  
In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations are immediately due and payable.

**Article 14 - Liability**

Any liability for damages arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance policy/policies taken out.  
This liability is also limited to the invoice amount of

 the relevant agreement, or at least to that part of the agreement to which the liability relates.  
The limitations of liability included in this article do not apply if the damage is due to intentional or gross negligence by the seller or its management.

**Article 15 - Complaint Obligation**

The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint should contain as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.  
If a complaint is valid, the seller is obliged to repair, replace, or re-deliver the goods.

**Article 16 - Warranty**

When the parties have entered into an agreement of a service nature, it only includes best efforts obligations for the seller, not result obligations.  
The warranty regarding products only applies to defects caused by faulty materials, construction, or manufacture.  
The warranty does not apply in cases of normal wear and tear, damage caused by accidents, modifications made to the product, negligence, or misuse by the buyer, as well as when the cause of the defect cannot be clearly determined.

**Article 17 - Applicable Law and Competent Court**

Dutch law exclusively governs any agreement between the parties.  
The Dutch court in the district where Classicpitchwear is based has exclusive jurisdiction to hear any disputes between the parties unless the law imperatively prescribes otherwise.

**Article 18 - Amendment of the General Terms and Conditions**

The seller is entitled to amend or supplement these general terms and conditions at any time.  
Minor changes can be made at any time.  
Significant substantive changes will be discussed with the buyer in advance whenever possible.  
In the event of a substantial amendment to the general terms and conditions, the buyer is entitled to terminate the agreement.