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Padel Totaal (2024)

Terms and Conditions

Definitions

  1. Padelgids.nl
  2. Customer: the person with whom Padelgids.nl has entered into an agreement
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  3. Parties: padelgids.nl and customer together
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  4. Consumer: a customer who is also an individual and who acts as a privé person.

Applicability of general conditions

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  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Padelgids.
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  2. Parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  3. Parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations from Padelgids.nl are without obligation, unless expressly stated otherwise.
  2. Any offer or quotation made by Padelgids.nl is without obligation, unless expressly stated otherwise.
  3. Any offer or quotation made by Padelgids.nl is without obligation, unless expressly stated otherwise.
  6. An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
  7. If the customer does not accept an offer or quotation within the applicable period, then the offer or quotation expires.
  8. Offers and quotations do not apply to repeat orders unless the parties have expressly agreed to this in writing.

Acceptance

  1. When accepting an offer or quotation without engagement, Padelgids.nl reserves the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
  2. When accepting an offer or quotation without engagement, Padelgids.nl reserves the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
  4. This is a non-binding offer or quotation.
  5. Monday acceptance by the customer commits Padelgids.nl only after the customer has confirmed it in writing (or electronically).

Prices

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  1. All prices quoted by Padelgids.nl are in euros, excluding VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
  2. All prices Padelgids.nl charges for its products or services, on its website or otherwise made known, Padelgids.nl may change at any time.
  3. Increases in the cost prices of products or parts thereof, which Padelgids.nl could not foresee at the time the offer was made or the agreement entered into, may lead to price increases.
  4. The consumer has the right to cancel an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
  5. Padelgids.nl may offer services on the basis of ‘no cure no pay’.
  6. In the case of no cure no pay, the customer's obligation to pay arises at the time the agreed result is achieved.

Consequences of not paying on time

  1. If the customer does not pay within the agreed period, then Padelgids.nl is entitled to charge interest of 1% per month from the day the customer is in default, whereby a part of a month is counted as a whole month.
  3. The customer is not entitled to payment within the agreed period.
  4. If the customer is in default, they will also owe Padelgids.nl extrajudicial collection costs and possible damages.
  5. The collection costs will be charged to the customer by the court.
  6. The collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
  7. If the customer fails to pay on time, Padelgids.nl may suspend its obligations until the customer has fulfilled their payment obligation.
  8. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Padelgids.nl against the customer are immediately due and payable.
  9. If the customer refuses to cooperate with the execution of the agreement by Padelgids.nl, they will still be required to pay Padelgids.nl the agreed price.

Right of Advertising

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  1. As soon as the customer is in default, Padelgids.nl shall be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
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  3. Padelgids.nl shall invoke the right of complaint by means of a written or electronic communication.
  4. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Padelgids.nl, unless the parties have agreed otherwise.
  5. The cost of returning the products to which this right of complaint relates will be charged to the customer.
  6. The costs for returning the products shall be for the account of the customer.

Right of withdrawal

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Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

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  1. Padelgids.nl may invoke its right of retention and, in that event, retain products from the customer until the customer has paid all outstanding bills owed to Padelgids.nl, unless the customer has provided adequate security for those costs.
  2. The right of retention may be exercised by the customer.
  3. The right of retention also applies under previous agreements from which the customer still owes payments to Padelgids.nl.
  4. Padelgids.nl will never be liable for any damages that the customer may suffer as a result of exercising their lien.

Settlement

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Unless the customer is a consumer, the customer waives its right to set off a debt owed to Padelgids.nl against a claim against Padelgids.

Reservation of title

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  1. Padelgids.nl will retain ownership of all delivered products until the customer has fully satisfied all payment obligations to Padelgids.nl under any agreement entered into with Padelgids.nl, including claims for failure to perform
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  2. Till such time Padelgids.nl may invoke its retention of title and repossess the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. The customer may not sell, dispose of or otherwise encumber the products.
  5. If Padelgids.nl invokes its retention of title, the agreement shall be deemed to be dissolved and Padelgids.nl shall be entitled to claim damages, lost profits and interest.

Insurance

  1. The customer undertakes to adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage as well as theft:
    • supplied items necessary for the execution of the underlying agreement
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    • items belonging to Padelgids.nl that are on the customer's premises
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    • items delivered under retention of title
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  1. The customer shall provide the policy of these insurances for inspection upon Padelgids.nl's first request
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Preservation

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  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Eventual extra costs resulting from premature or delayed acceptance of products are entirely for the customer.
  3. The risk of any loss of quality is entirely for the customer.

Guarantee

  1. When the parties have entered into an agreement with a service character, it contains for Padelgids.nl only obligations of effort, no obligations to achieve a result.
  2. The guarantee with respect to the products and services provided by Padelgids.nl is entirely the responsibility of the customer.
  3. The warranty with respect to products applies only to defects caused by faulty manufacturing, construction or material.
  4. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  5. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Execution of the agreement

  1. Padelgids.nl shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
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  3. Padelgids.nl shall be entitled to have the agreed service provision (in part) carried out by third parties.
  4. Padelgids.nl shall be entitled to have the agreed service provision (in part) carried out by third parties.
  5. The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  6. It is the customer's responsibility to ensure that Padelgids.nl can begin executing the agreement in a timely manner.
  7. If the customer has failed to ensure that Padelgids.nl can commence the execution of the agreement in a timely manner, the resulting additional costs and/or additional hours shall be the responsibility of the customer.

Information provided by the customer

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  1. The customer shall provide all information, data and documents relevant to the correct implementation of the agreement in a timely manner and in the desired form and manner available to Padelgids.
  2. The customer shall guarantee the correct implementation of the agreement.
  3. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  4. If and insofar as the customer so requests, Padelgids.nl will return the relevant documents.
  5. If the customer fails to provide the information, data or documents reasonably requested by Padelgids.nl, or fails to do so on time or adequately, and the execution of the agreement is delayed as a result, then the resulting extra costs and extra hours will be payable by the customer.
  6. The customer will be required to pay for the extra costs and extra hours.

Duration of the agreement

  1. The agreement between Padelgids.nl and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
  2. If an agreement is entered into for a definite period, then after the expiration of the term it will be tacitly converted into an agreement for an indefinite period of time, unless one of the parties terminates the agreement with due observance of a notice period of 2 month(s), c.q. a consumer terminates the agreement with due observance of a notice period of 1 month then the agreement ends by operation of law.
  3. If parties within the term of the agreement for the completion of certain work­zaamheden agreed a term, this is never a deadline. If this deadline is exceeded, the customer must declare Padelgids.nl to be in default in writing.

Cancellation agreement for an indefinite period

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  1. The customer may terminate an agreement entered into for an indefinite period at any time, subject to 2 months' notice.
  2. A consumer has the right to terminate an open-ended contract subject to 1 month's notice.

Intellectual property

  1. Padelgids.nl retains all intellectual property rights (including copyright, patent rights, trademark rights, drawings and models­right, etc.) in all designs, drawings, writings, carriers with data or other information, offers, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
  2. The customer may not copy, display, make available to third parties or use in any other way said intellectual property rights without the prior written consent of Padelgids.nl.

secrecy

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  1. The customer will keep any information received (in any form) from Padelgids.nl confidential.
  2. The same applies to all other information regarding Padelgids.nl of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination can harm Padelgids.nl.
  3. The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 secret.
  4. The duty of confidentiality described in this article does not apply to information:
    • which was already public before the customer learned of it or which subsequently became public without being the result of a breach of the customer's duty of confidentiality
    • that is disclosed by the customer pursuant to a legal duty
  5. The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.

Fine clause

  1. If the customer violates the article of these terms and conditions regarding confidentiality or intellectual property, then he forfeits to Padelgids.nl an immediately payable fine of €5,0001,000 for each violation and in addition an amount of 5% of the aforementioned amount for each day that such violation continues.
  2. The forfeiture of this penalty does not require prior notice of default or court proceedings. It also does not require any form of damages.

    3. Disclaim

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    The customer indemnifies Padelgids.nl against all claims by third parties related to the products and/or services provided by Padelgids.nl.

    The customer indemnifies Padelgids.nl against all claims by third parties related to the products and/or services provided by Padelgids.nl.

    Complaints

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    1. The customer must examine a product delivered or service provided by Padelgids.nl for any shortcomings as soon as possible.
    2. If a delivered product or service does not conform to what the customer could reasonably expect from the agreement, the customer must inform Padelgids.nl as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
    3. Consumers must notify Padelgids.nl no later than 2 months after the discovery of the shortcomings.
    4. The customer must provide as detailed a description as possible of the shortcoming, so that Padelgids.nl is able to respond adequately.
    5. The customer must indicate the nature of the shortcoming.
    6. The customer must show that the complaint relates to an agreement between the parties.
    7. If a complaint relates to work in progress, this can in no way lead to Padelgids.nl being held to carry out work other than that agreed upon.
    8. The customer must demonstrate that the complaint relates to an agreement between the parties.

    Default

    1. The customer must give written notice of default to Padelgids.
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    2. It is the customer's responsibility to ensure that a formal notice of default reaches Padelgids.nl on time.

    Customer's primary responsibility

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    If Padelgids.nl enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Padelgids.nl under that agreement.

    Liability Padelgids.nl

    1. Padelgids.nl shall only be liable for any damage suffered by the customer if and insofar as that damage was caused by intentional or deliberate recklessness.
    2. Padelgids.nl
    3. If Padelgids.nl is liable for any damage, it shall only be liable for direct damage arising from or related to the execution of an agreement.
    4. Padelgids.nl shall never be liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
    5. If Padelgids.nl is liable, this liability is limited to the amount paid out by a (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
    6. All images, photos’s, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

    Delay period

    Every right of the customer to compensation from Padelgids.nl shall in any case expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.

    Right of rescission

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    1. If the fulfilment of obligations by Padelgids.nl is not permanently or temporarily impossible, then dissolution can only take place after Padelgids.nl is in default.
    2. Padelgids.nl is not permanently or temporarily impossible.
    3. Padelgids.nl has the right to terminate the agreement with the customer if the customer fails to fulfil his obligations under the agreement in full or in a timely manner, or if Padelgids.nl has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfil his obligations properly.

    Force Majeure

    1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Padelgids.nl in the fulfilment of any obligation towards the customer cannot be attributed to Padelgids.nl in a situation that is independent of the will of Padelgids.nl, as a result of which the fulfilment of its obligations towards the customer is partially or entirely prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Padelgids.
    2. To the extent that the customer is unable to fulfil its obligations in a reasonable way, Padelgids.nl will be required to pay the full price of the goods.
    3. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, revolt, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
    4. The following situations are also considered as force majeure
    5. If a force majeure situation arises that prevents Padelgids.nl from fulfilling one or more of its obligations to the customer, then those obligations will be suspended until Padelgids.nl can fulfil them again.
    6. From the moment that a force majeure situation has lasted at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
    7. Padelgids.nl is not liable for any compensation or damages in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.

    Modification of the agreement

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    If, after the conclusion of the agreement for its execution, it appears necessary to modify or supplement its contents, the parties shall timely and by mutual agreement modify the agreement accordingly.

    Modification of general terms and conditions

    1. Padelgids.nl is entitled to amend or supplement these terms and conditions.
    2. Padelgids.nl is entitled to amend or supplement these terms and conditions.
    3. Modifications of minor importance may be made at any time.
    4. Substantial changes will be discussed with the customer in advance whenever possible.
    5. Consumers are entitled to terminate the agreement in the event of a substantial change to the terms and conditions.

    Transition of rights

    1. Rights of the customer under any agreement between the parties cannot be transferred to third parties without the prior written consent of Padelgids.
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    2. This provision counts as a clause with effect under property law as referred to in article 3:83, second paragraph, of the Civil Code.

    Consequences of nullity or voidability

    1. If ééone or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
    2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Padelgids.nl intended when drafting the terms and conditions on that point.

    Applicable law and competent court

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    1. Any agreement between the parties shall be governed exclusively by Dutch law.

    Edited September 1, 2019.

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