GENERAL CONDITIONS – www.vermarcsport.com

Article 1: Scope

1.1. These general terms and conditions govern the contractual relationship between VERMARCSPORT NV, with registered office at 3111 Rotselaar, Olivierstraat 95, company number 0420.964.657, RPR Leuven (hereinafter 'VERMARCSPORT') and the customer, established through the website www.vermarcsport.com or through a customer portal created for the customer, as described in Article 1.4 of these general terms and conditions (hereinafter collectively referred to as the 'Website'). The Website is managed by VERMARCSPORT.

1.2. In these general terms and conditions, 'customer' refers to any internet user, whether i) a company as defined in Article I.1.1) WER or ii) a consumer as defined in Article I.1.2) WER, who places an order on the Website, requests a quote via the Website, or intends to enter into or has entered into an agreement with VERMARCSPORT via the Website, unless explicitly stated otherwise that a provision applies only to companies ('business customer') or only to consumers ('consumer customer').

1.3. These general terms and conditions apply to all orders placed by a customer on the Website. These terms are an integral part of the agreement established with the customer. The application of these sales conditions is an essential condition for VERMARCSPORT for the conclusion of the agreement.

1.4. If a customer - whether through its employees, members, etc. - wishes to order personalized goods under a single pre-approved design, VERMARCSPORT may agree to set up a customer portal (hereinafter the 'Subwebshop') in the name of the customer, through which additional orders can be placed.

1.5. These general terms and conditions expressly apply to orders of personalized goods placed via the Website or via a Subwebshop of VERMARCSPORT. Personalized goods are considered to be goods that contain prints specifically produced and/or purchased for the customer, that must be provided with a label or logo of the customer, or that have been custom-made for the customer.

Goods ordered via a Subwebshop are explicitly understood as "personalized goods" under these general terms and conditions.

1.6. Before placing an order via the Website, the customer declares that they have received these general terms and conditions, have had the opportunity to review them, and expressly agree to them. Placing an order via the VERMARCSPORT Website is only possible if the customer explicitly agrees to the content and applicability of these general terms and conditions to the sales agreement. To this end, the customer must check the box next to the statement "Agree with General Terms and Conditions" before finalizing the order.

1.7. If one or more provisions of these terms are found to be wholly or partially excessive, void, or annulled, this does not affect the validity of the remaining general terms and conditions. The parties undertake to replace the void clause with a legally valid clause that corresponds as closely as possible to the original intent of the parties.

1.8. This Dutch version of the general terms and conditions is the original version and will always take precedence over any translation provided for informational purposes.

Article 2: Prices and charges

2.1. All prices displayed on the Website are expressed in euros.

2.2. Within the European Union, prices include VAT, other taxes, costs, and charges, but exclude shipping costs.

Orders shipped to countries outside the European Union are sent as "Delivery Duties Unpaid." The VAT amount will be deducted from the total price at checkout once a delivery location is selected. Clearance fees, taxes, and charges for orders outside the European Union will be borne by the customer. VERMARCSPORT has no control over these costs and cannot predict the amount.

2.3. The prices stated on the Website exclude any shipping costs. These are clearly stated on the overview screen before the customer confirms their order. Shipping costs are determined and charged in accordance with Article 7 of these general terms and conditions.

2.4. VERMARCSPORT reserves the right to correct any typographical errors regarding pricing on the Website or in the invoice, or to cancel the order if prices or discounts are incorrectly displayed on the Website or recorded incorrectly in the invoice. In such cases, the consumer customer has the right to cancel the order free of charge.

VERMARCSPORT also reserves the right to verify the sizes, models, quantities, and tasks upon execution of the order and subsequently charge for any additional work or costs incurred.

2.5. Price quotes requested (whether via the Website or otherwise) are always provided without obligation.

2.6. Prices on the Website may be changed from time to time. The customer must check the price at the time of placing an order. This price will apply to the order. VERMARCSPORT may also unilaterally adjust prices due to objective circumstances beyond its control, such as delivery costs, purchase costs, production costs, raw material costs, energy prices, etc. This list of objective circumstances is not exhaustive and serves as an example. In such cases, the consumer customer has the right to cancel the order free of charge.

Article 3: Payments

3.1. Every order is payable immediately upon conclusion of the agreement.

After placing an order via the Website, the customer is redirected to a secure payment page with a request to pay electronically. Payment can be made via Visa, MasterCard, Maestro debit and credit cards, iDeal & Sofort. Once payment is registered, the customer receives an order confirmation on the Website and via email. The payment provider for the Vermarcsport webshop is Mollie BV, registered at 1016 EE Amsterdam (Netherlands), Keizersgracht 313, KvK number 30204462.

3.2. If a refund is necessary, the amount will be refunded via the payment details and bank account used for the order payment. The refunded amount includes the purchase price including VAT but excludes the shipping costs as determined in Article 7 of these general terms and conditions.

VERMARCSPORT is not responsible for any exchange rate fluctuations between the currency used for the order payment and the currency of the refunded amount.

Article 4: Retention of ownership: Risk

4.1. All goods sold remain the property of VERMARCSPORT until full payment of the price (principal, interest, and costs) has been made.

4.2. Notwithstanding retention of ownership, all risks transfer to the customer on the date of delivery, and all costs are borne by the customer.

Article 5: Intellectual Property

5.1. All content (images, text, brand names, etc.) on the Website is protected by intellectual property rights. It is not permitted to use, copy, or distribute any content from this Website without the express written permission of VERMARCSPORT.

5.2. All documents, materials, intellectual property rights, and ideas developed by VERMARCSPORT during and within the framework of executing the agreement remain the property of VERMARCSPORT. At no time are VERMARCSPORT's intellectual property rights transferred to the customer. Logos, drawings, ideas, or other intellectual property rights provided by the customer to VERMARCSPORT remain the property of the customer.

5.3. The customer explicitly acknowledges VERMARCSPORT's right to use photos of the delivered product/service in the customer's environment as a reference.

Article 6: Product Information and Orders

6.1. For each product, a product description (color, size, type of product, etc.) and digital photos are displayed on the Website.

6.2. VERMARCSPORT strives to display colors and descriptions as accurately as possible on the Website. However, VERMARCSPORT cannot guarantee that there will be no color differences or discrepancies due to variations in color quality displayed on the customer's screen.

6.3. VERMARCSPORT receives an order confirmation if the final step of the ordering process has been successfully completed. Once the ordering process is successfully completed and the payment is processed, the order confirmation will appear on the customer's screen. VERMARCSPORT retains an electronic copy of the customer's order confirmation for as long as legally required. The customer can print this order confirmation. The order confirmation will also be sent to the customer via email.

6.4. The production of personalized goods will only take place based on an order accepted by VERMARCSPORT. These orders are only binding and valid after payment and upon acceptance by VERMARCSPORT and must always be accompanied by a design for the main order. Subsequent additional orders can be made under the design of the main order. Upon acceptance and processing of the payment, the customer will receive a written confirmation from VERMARCSPORT. If the order is not accepted by VERMARCSPORT, VERMARCSPORT will refund the order in accordance with Article 3.2 of the general terms and conditions. In case of discrepancies between the quotation and the order confirmation from VERMARCSPORT, the order confirmation shall prevail, without prejudice to VERMARCSPORT's rights in accordance with Article 2.4 of these general terms and conditions.

6.5. Orders are always placed subject to sufficient stock and manufacturing capabilities of VERMARCSPORT. VERMARCSPORT strives to keep its Website carefully updated and to display only available goods. If a product ordered by a customer is nevertheless out of stock, VERMARCSPORT will inform the customer as soon as possible and propose an alternative solution (e.g., shipment at a later date, a replacement product, or a refund).

>Article 7: Shipping and delivery

7.1. Depending on the selected goods, the customer has the following delivery options:

·       Pickup at one of VERMARCSPORT's stores;

·       Shipment to a selected pick-up point;

·       Home delivery to the address provided by the customer. Delivery costs for pick-up point or home delivery are charged to the customer.

7.2. If the customer has chosen to pick up the ordered product at one of VERMARCSPORT's stores, VERMARCSPORT will notify the customer via email, phone, or SMS that the order is ready for pickup. VERMARCSPORT aims to make the order available as soon as possible. The customer can collect the order upon presenting a copy of the confirmation email received after the online purchase, along with their identity card. Receipt in a store is equivalent to delivery.

7.3. For all deliveries other than pickup at one of VERMARCSPORT's stores, the following principles apply:

7.3.1. The following shipping costs may be charged for delivery:

Deliveries within Belgium, the Netherlands, or Luxembourg: €5.00 per package.

Deliveries to other countries within the European Union: €15.00 per package;

Deliveries to countries outside the European Union: €30.00 per package. For orders within Belgium, the Netherlands, and Luxembourg, VERMARCSPORT offers free delivery for orders over €120.00.

7.3.2. The delivery times for orders of personalized goods will be communicated to the customer at the time of order. For business customers, delivery and execution times are always provided for informational purposes only and are therefore purely indicative. Unless otherwise agreed in writing between the Parties or in case of force majeure (which includes situations described in Article 6.5 of these general terms and conditions), VERMARCSPORT will deliver goods to consumer customers within a period of 90 calendar days.

7.3.3. VERMARCSPORT cannot be held responsible for delays caused by the courier service used.

7.4. Delays in delivery or execution can never give rise to compensation, cancellation of an order, or termination of the agreement for business customers. If the goods cannot be delivered within the aforementioned periods for consumer customers, the consumer customer must grant VERMARCSPORT an additional delivery period, which for personalized goods must be at least 30 calendar days from the customer's request.

7.5. If multiple goods are ordered simultaneously, VERMARCSPORT may arrange multiple deliveries if the ordered goods are not available at the same time.

Article 8: Order returns and right of withdrawal

8.1. There is no return, refund, or exchange possible for personalized goods.

Article 9: Termination and cancellation

9.1. The agreement between the parties may be dissolved by VERMARCSPORT at the expense of the customer in case the customer is in a state of payment suspension, bankruptcy, requests judicial or amicable settlement, fails to meet one or more of their obligations, makes an unlawful payment or if the payment appears to be unlawful. The agreement will be considered terminated on the date of dispatch of a registered letter sent by VERMARCSPORT to the customer. VERMARCSPORT shall also be entitled to reclaim all delivered but unpaid goods from the customer.

9.2. Orders for personalized goods cannot be canceled. Unless otherwise agreed in writing or explicitly stated in these general terms and conditions, the customer will be fully liable for the agreed price in case of cancellation, refusal of receipt upon delivery, or failure to collect the order at the pick-up point on time.

Article 10: Liability

10.1. VERMARCSPORT is not liable for any damage of any kind, except for direct damage caused by its own intent or gross negligence or that of its appointees, unless otherwise expressly agreed in writing between the parties.

10.2. In any case, any possible compensation payable by VERMARCSPORT is limited to the amount agreed between the parties for the respective order.

10.3. VERMARCSPORT undertakes a best-effort obligation when performing its work.

10.4. VERMARCSPORT cannot be held liable for any costs related to incorrect specification of sizes, quantities, dimensions, etc., by the customer. VERMARCSPORT cannot be held liable for minimal color differences that may occur in colored clothing and/or different fabrics. The colors of ordered goods displayed on the Website may show deviations, to which a tolerance margin of delta 3 applies. If the color deviation occurs after washing/ironing, VERMARCSPORT applies the ISO 105/3-4 standard. Such deviations are common in the textile industry and cannot be grounds for contract termination, price reduction, or compensation.

10.5. VERMARCSPORT shall not be liable for any damage if the usage and maintenance instructions provided (or, in the absence of specific instructions, the usual instructions for the delivered goods) are not followed by the customer, in case of misuse by the customer, or if the customer made modifications or repairs without the express consent of VERMARCSPORT.

10.6. In the contractual relationship between VERMARCSPORT and the customer, the application of Article 5.90, paragraph 2, and 5.239, §2 of the Civil Code is excluded.

10.7. The customer agrees not to invoke the liability of VERMARCSPORT's directors at any time. The parties agree that compensation for damage caused by a breach of a contractual obligation included in this contract, within legal limits, shall be exclusively governed by contract law, even if the event causing the damage also constitutes an unlawful act.

10.8. The customer indemnifies VERMARCSPORT against all claims from third parties who suffer damage in connection with the execution of the agreement, where the cause is not attributable to VERMARCSPORT. If third parties initiate legal proceedings against VERMARCSPORT, the customer is required to assist VERMARCSPORT both legally and otherwise and to take all necessary actions immediately. If the customer fails to take adequate measures, VERMARCSPORT is entitled to do so at the customer's expense without notice. All resulting costs and damages incurred by VERMARCSPORT and third parties shall be borne entirely by the customer.

Article 11: Force majeure

11.1. VERMARCSPORT is not liable in situations of force majeure (such as war, strikes, lockouts, power failures, theft, fire, epidemics or pandemics, government-imposed restrictions, logistical issues with third parties, and any other causes beyond VERMARCSPORT's control) that would make it absolutely impossible for VERMARCSPORT to fulfill its obligations (on time). VERMARCSPORT's obligations are suspended for the duration of the force majeure. If the force majeure situation lasts longer than 30 working days, VERMARCSPORT may terminate the agreement without being liable for any compensation.

11.2. The application of Article 5.74, paragraph 2, and following of the Civil Code is excluded.

Article 12: Complaints

12.1. The customer must immediately inspect the goods upon receipt and report any non-conformities, incorrect quantities, or visible defects via an email with receipt confirmation to VERMARCSPORT at info@vermarcsport.be within forty-eight (48) hours of delivery.

12.2. Any complaints regarding hidden defects already present at the time of delivery must be reported to VERMARCSPORT via email with receipt confirmation to info@vermarcsport.be within five (5) calendar days of discovering the hidden defect and, in any case, within three (3) months of delivery.

12.3. In the event of a defect already present at the time of delivery, the consumer customer can invoke their legal warranty rights within a period of two (2) years from delivery. The consumer must notify VERMARCSPORT at info@vermarcsport.be within two (2) months from the day they discovered the defect.

12.4. However, VERMARCSPORT cannot be held liable if the defect results from an external circumstance (including but not limited to an error, negligence, or abnormal use of the goods by the customer).

12.5. If the complaint is accepted by VERMARCSPORT, VERMARCSPORT will repair the recoverable damage if possible.

Article 13: Data Protection and privacy policy

13.1. VERMARCSPORT undertakes to comply with the provisions of the General Data Protection Regulation (GDPR) to the best of its ability.

13.2. The customer expressly confirms that all data provided to VERMARCSPORT has been collected and processed by the customer in accordance with the General Data Protection Regulation. Consequently, the customer shall indemnify VERMARCSPORT in the event of any claim received from a natural person whose data was collected and/or processed by the customer and subsequently transferred to VERMARCSPORT.

13.3. Our privacy policy provides information on how VERMARCSPORT will use your data. By accepting these general terms and conditions, you also agree to our privacy policy.

Article 14: Applicable law and jurisdiction

14.1. All legal relationships between VERMARCSPORT and the customer are exclusively subject to Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.

14.2. In case of a dispute, the parties commit to first attempting to resolve it amicably through mutual consultation. If the dispute cannot be resolved in this manner, only the courts of the judicial district of Leuven shall have jurisdiction. However, the consumer customer always has the right to bring their claim before the court of their place of residence.

14.3. VERMARCSPORT wishes to inform the customer of the existence of the ODR platform for alternative dispute resolution, which can be found at http://ec.europa.eu/odr/. This mention is for informational purposes only.