General terms and conditions of sale
These terms and conditions are an integral part of the contract, to the exclusion of the customer’s own terms and conditions. They can only be deviated from in writing. These general conditions of sale apply to both private and professional customers, in commercial transactions leading to the delivery of goods or the provision of services within the framework of an independent professional or economic activity.
Art. 1 – General terms and conditions
All orders placed at SPORTZ88 are subject to the terms and conditions below. Placing an order therefore implies that the customer accepts these terms and conditions in full and without reservation.
Art. 2 – Deliveries
All orders for goods without printing that are passed on before 12 noon and are in stock at the Sportz88 warehouse can be delivered within 3 working days. This applies to deliveries in the BENELUX and Germany. All prices of our products do not include delivery costs. 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 transport cost. Below is an overview per country.
– Belgium 9,95 EURO
– Netherlands 12,95 EURO
– Luxembourg 12,95 EURO
– Germany 14,95 EURO
– France 15,95 EURO
– Spain 24,95 EURO
– Italy 24,95 EURO
– All other countries are variable
Art. 3 – Terms of payment
Orders can be paid in the following ways:
Bancontact, Belfius Direct Net, Credit card, iDEAL, KBC/CBC Payment Button,Klarna
SPORTZ88 may expand the payment options in the future. These new payment options will then be announced on the website.
The consumer has the duty to report inaccuracies in payment details provided or mentioned to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
If a credit card method of payment is chosen, the terms and conditions of the relevant card issuer apply to this. SPORTZ88 is not a party in the relationship between the consumer and the card issuer.
Our deliveries are payable via the webshop and must be paid in advance.
In case the sales agreement deviates from the cash payment term; the following rule applies;
The receipt of the invoice is considered by operation of law and according to art 1139 of the Civil Code as a notice of default without the need for any deed and only by the expiry 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 late payment interest. All disputes between the parties fall under the exclusive jurisdiction of the courts of Antwerp or Leuven.
The delivered merchandise remains our property as long as the full price (principal, costs and interests) has not been paid. The purchaser bears the risks from delivery onwards. He must keep the goods in their condition. In case of non-payment of the invoice on the 8th calendar day after a reminder has been sent by registered mail, the contract may be rescinded by us ipso jure and by a simple declaration sent by registered mail. All this without prejudice to the payment of damages by the defaulting buyer.
Art. 4 – Sales prices
Unless otherwise agreed in writing, all product prices are expressed in EURO. The prices remain valid until the appearance of new prices and may be changed during the year. If the price change is due to the increase in raw material prices or the exchange rate, the new prices may be set immediately.
Art. 5- Orders
Each order will be treated individually, i.e.: 1 order = 1 shipment. Every addition to an already passed order will be considered as a new order and thus new shipment and thus possible transportation costs. All goods remain the property of SPORTZ88 until paid for. Backorders will be kept for 3 months (without counter notification from the customer) and shipped without additional transport costs (BENELUX). Backorders do not count towards a new order. The delivery times of these backorders are indicative and can change without prior notice. SPORTZ88 can under no circumstances be held liable for any stock problems.
Art. 6- Changes to orders
Once accepted by SPORTZ88, the original orders cannot be changed except with the company’s explicit and written consent. Under no circumstances can the quantities of different orders be added together to claim a volume rate.
Art. 8 – Cancellation of orders
After SPORTZ88’s acceptance of the order, no cancellation made 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 payment of the price of the order through all possible legal means and in particular through summary judgment.
Art. 9- Returns
Any complaints regarding deliveries must be reported to our returns department using the return form on the webshop, within 8 working days of delivery. Complaints can only be reported by means of the fully completed return form via the link RETOUR in the web shop.
Returns relating to claims that have not been approved by SPORTZ88, based on a return form sent to SPORTZ88 beforehand, are not permitted. If a client nevertheless returns items in contravention of this rule, or returns items unfounded, these will be held at the client’s expense and risk, provided they have not been refused by SPORTZ88, without any acknowledgement of the correctness of the possible warranty claim being derived from this. The costs of unfounded returns shall be borne by the customer.
Returns approved by SPORTZ88 will be collected by our collection service. If our collection service is not used, the goods must be returned to us, postage paid, within 5 days of approval of the return.
Goods must be returned in original packaging, accompanied by a return form previously approved by SPORTZ88, and must not contain any labels etc. belonging to the customer. If the conditions reported here are not met, SPORTZ88 will return the goods unstamped.
When returns can be attributed to SPORTZ88, any return postage costs incurred will be reimbursed.
When the cause of return can be attributed to the customer, the costs of the return shipment will be borne by the customer. Items that are too large or too small are covered by cause of return to the customer, as each item has a clear size chart.
If a customer uses our collection service while the cause of the return is due to him we will charge € 7,50 per package to the customer.
Original postage costs will not be deducted from a return.
Any right of the customer to invoke any defects in the items at the time of delivery expires 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 taken back:
– Samples, underwear, worn (dirty) or damaged goods.
– Goods that are not in the original packaging.
– Custom made goods, printed or embroidered goods.
– Goods in promotional and/or clearance sales
– Goods that turn out to be too big or too small of which Sportz88 can prove that the item has a 100% correct size chart.
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 – Bisschoppenhoflaan 420 – 2100 DEURNE – Belgium
Art. 10 – Quality
In order to implement quality improvements, SPORTZ88 reserves the right to make interim changes to fabrics used, production materials, technical specifications as listed in our catalog. We cannot accept any complaints about this.
Art. 11 – Force majeure
Force majeure refers to events outside the parties’ sphere of influence that affect the execution of the commitments including but not limited to internal labor disputes or strikes at the suppliers or transport companies, supply problems, fire, accidents, natural disasters, regulatory or administrative problems, customs inspections, economic disputes of any kind, legal or regulatory provisions that affect the production and/or delivery of the products, refusal, limitation or cancellation of credit insurance coverage as well as all acts or omissions by a person or entities over which SPORTZ88 has no control. Delivery deadlines may be extended by the duration of the impediment.
SPORTZ88 or the buyer may cancel the order if, due to the above events, the postponement of the delivery deadlines exceeds three months without the customer being able to claim 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 compliance with 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.
Art. 11 – Redeemability
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 leads to the immediate claimability of all remaining amounts due irrespective of the method of payment provided as well as the rescission of the export order and all other orders without the company being obliged to proceed to a prior notice of default.
Art. 13 – Retention of title clause
The delivered goods remain the property of SPORTZ88 until the price and additional costs have been paid in full. When transferring or pledging the buyer’s business, the buyer must take all necessary measures to ensure that the products, which remain the property of SPORTZ88, do not form part of the transfer or pledge and that the right of ownership is explicitly recognized. In the event of seizure or forfeiture of the goods in favor of a third party, an application for a judicial settlement or a judicial liquidation of the buyer, the buyer must immediately inform SPORTZ88 and immediately take all measures to have SPORTZ88’s right of ownership recognized.
The buyer may sell the goods as part of its normal business operations. The goods from previous deliveries, must be sold before selling identical products from a more recent delivery.
Consequently, in the event of non-payment for one or more deliveries, the goods still in stock at the buyer’s premises will correspond proportionately to these unpaid deliveries. If a single invoice is not paid by the due date or if the buyer’s creditworthiness deteriorates, the right to sell expires automatically.
If the goods, which are the subject of the retention of title, were sold by the buyer in the event of non-payment on one of the agreed due dates, SPORTZ88 is automatically entitled to claim the proceeds of the goods thus sold for settlement of the outstanding payment. In this case, the buyer will, if it suits SPORTZ88, at the latter’s request and until its account has been fully cleared, transfer to SPORTZ88 all income arising from the sale of the goods under retention of title.
Notwithstanding SPORTZ88’s retention of title to the delivered goods, all related risks are borne by the buyer from the moment the goods are handed over to the transport company. The buyer is obliged to ensure adequate insurance and must be able to present proof of this to SPORTZ88 at any time. Every order implies acceptance of this retention of title clause.
Art. 13 – 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 non-compliance with the precautions of use and in particular due to the unchecked compatibility of the materials or substances used.
In case of hidden defects, the time limit for lodging objections is 1 week from observation of the defect up to a maximum of 14 days from the date of purchase. The warranty regarding hidden defects covers only defects that render the product completely unsuitable for its intended use. In the event of justified objections, SPORTZ88 will exchange the goods or, if this is not possible, will grant the purchaser a credit corresponding to the purchase price of the goods excluding VAT without claiming other compensation of any kind. The claim for compensation does not suspend the claimability of the amounts charged for the order to which the complaints relate, and SPORTZ88 is therefore entitled to payment regardless of the circumstances. The company SPORTZ88 applies an expressly agreed label or imprint to all products in its range, subject to prior explicit agreement with the buyer and stated on the order form with SPORTZ88’s approval.
Art. 14 – Applicable law and competent court
Any dispute arising from this agreement must be brought before the District Court of Antwerp. Belgian law is applicable
