Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1 – Definitions
1.1 Forwardsports.tech: Registered trade name of Forward Football B.V., established in Amsterdam and registered with the Chamber of Commerce under registration number 66167639, trading under the name Forwardsports.tech.
1.2 Website: the website of Forwardsports.tech., Which can be consulted via www.forwardsports.tech and all associated subdomains.
1.3 Customer: the natural or legal person, whether or not acting in the exercise of his profession or company, who enters into an Agreement with Forwardsports.tech and / or has registered on the Website
1.4 Agreement: any arrangement or agreement between Forwardsports.tech and Customer, of which Agreement the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions
1.6 Products: movable property purchased directly from Forwardsports.tech
Article 2 – Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of Forwardsports.tech, unless explicitly agreed otherwise in writing.
2.2 If the Client includes provisions or conditions in his order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on Forwardsports.tech if and insofar as they have been expressly accepted in writing by Forwardsports.tech.
2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply to the Client.
Article 3 – Prices and information
3.1 All prices stated on the Website and in other materials originating from Forwardsports.tech are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2 If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, Forwardsports.tech cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Forwardsports.tech are therefore subject to obvious programming and typing errors.
3.4 If the Client demonstrates that the Products delivered or delivered deviate from the statements of Forwardsports.tech or from the samples, drawings, photos, (3D) images or models to such an extent that it can no longer reasonably be obliged to purchase them, the Client has the right to terminate the Agreement, however only insofar as such termination is reasonably necessary. Customer understands that much of the information on the Website comes from third parties (such as Suppliers) and that Forwardsports.tech has depended, where appropriate, on the information and materials provided by Suppliers.
3.5 Forwardsports.tech cannot be held responsible for (color) deviations as a result of screen quality.
Article 4 – Establishment of the Agreement
4.1 The Agreement is concluded at the moment of acceptance and payment by the Customer of the offer from Forwardsports.tech and compliance with the conditions set by Forwardsports.tech.
4.2 If the Customer has accepted the offer electronically, Forwardsports.tech will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3 If it appears that incorrect information has been provided by the Client when accepting or otherwise entering into the Agreement, Forwardsports.tech has the right to fulfill its obligation only after the correct information has been received.
4.4 Forwardsports.tech can inform itself within legal frameworks whether the Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Forwardsports.tech has good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions, such as prepayment, to the execution.
Article 5 – Implementation of the Agreement
5.1 As soon as the order and payment have been received by Forwardsports.tech, Forwardsports.tech will send the Products as soon as possible, subject to the provisions of paragraph 3 of this Article.
5.2 Forwardsports.tech is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3 The Website clearly describes how delivery will take place and within what term the Products will be delivered in good time before the Agreement is concluded. If no delivery period has been agreed or stated, then Products will in any case be delivered within 30 days. Different terms may apply to so-called pre-orders.
5.4 If Forwardsports.tech is unable to deliver the Products within the agreed term, it will notify the Client accordingly.
5.5 Forwardsports.tech advises the Customer to inspect the delivered Products and to report any defects found within a reasonable time, preferably in writing or by e-mail. See further the Article on warranty and conformity. Specifically for Customers who act in the exercise of their profession or business, they must immediately inspect the delivered goods and report any defects to Forwardsports.tech within 48 hours. After that, the said Customer is no longer entitled to a complaint.
5.6 As soon as the Products to be delivered have been delivered to the specified address, the risk with regard to these Products will pass to the Customer. If explicitly agreed otherwise, the risk will transfer to the Client earlier. If the Customer decides to collect the Products, the risk will pass upon transfer of the Products.
5.7 Forwardsports.tech is entitled to deliver a similar Product of similar quality as the Product ordered, if the ordered is no longer available. The Customer is then entitled to terminate the agreement free of charge and to return the Product free of charge.
Article 6 – Right of withdrawal / return of Products
6.1 This article only applies if the Client is a natural person who is not acting in the exercise of his profession or business. Business Customers therefore have no right of withdrawal. The Customer has the right to terminate the distance contract with Forwardsports.tech within 14 calendar days after receipt of the Product, without giving reasons, free of charge. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the Product, or:
- if the Customer has ordered several Products in the same order: the day on which the Customer, or a third party designated by him, has received the last Product;
- if the delivery of a Product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in the case of Agreements for regular delivery of Products during a certain period: the day on which the Customer, or a third party designated by him, has received the first Product.
6.2 Only the direct costs for the return shipment will be borne by the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, Forwardsports.tech will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the Product to the Customer will be refunded to the Customer upon return of the entire order.
6.3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the Product and the packaging with care. The Customer will only open the packaging and only use the Product insofar as this is necessary to verify the nature, characteristics and operation of Products. The basic principle here is that this inspection may not go further than the Customer could in a physical store.
6.4 The Customer is only liable for the depreciation of the Product that is the result of handling the Product that goes further than permitted in the previous paragraph.
6.5 The Client can dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by sending the model withdrawal form (digitally) to Forwardsports.tech. In the event of a digital report, Forwardsports.tech will confirm receipt of that report. After dissolution, the Customer has 14 days to return the Product. It is also possible to return the Product immediately within the reflection period specified in paragraph 1 of this Article, provided that the model form (Annex 1) for withdrawal is enclosed.
Products can be returned to:
Van Marwijk Kooystraat 10A
1114 AG Amsterdam Duivendrecht
6.6 Amounts already paid (in advance) by the Client will be refunded to the Client as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same way as the Client paid for the order. If Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Forwardsports.tech does not have to refund the additional costs for the more expensive method. Unless Forwardsports.tech offers to collect the Product itself, Forwardsports.tech may delay making a refund until Forwardsports.tech has received the Product or until Customer demonstrates that he has returned the Product, whichever is the earlier.
6.7 Information on whether or not the right of withdrawal applies and any desired procedure for withdrawal will be made clear on the Website in good time before the Agreement is concluded.
6.8 The right of withdrawal does not apply to:
- Audio and video recordings and computer software of which the Customer has broken the seal;
- Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- The delivery of digital content other than on a tangible medium if the performance has begun with the explicit prior consent of the Customer and he has declared that he thereby loses his right of withdrawal.
Article 7 – Payment
7.1 The Customer must make payments to Forwardsports.tech according to the payment methods indicated in the order procedure and possibly on the Website. Forwardsports.tech is free to choose how to offer payment methods and these may change from time to time. In case of payment after delivery, the Client has a payment term of 14 days, starting on the day after delivery.
7.2 If the Customer does not fulfill his payment obligation (s) on time, after he has been notified by Forwardsports.tech of the late payment and Forwardsports.tech has given the Customer a period of 14 days to still fulfill his payment obligations. after non-payment within this 14-day period, the statutory interest is due on the amount due and Forwardsports.tech is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Forwardsports.tech may deviate from the stated amounts and percentages for the benefit of the Client.
Article 8 – Warranty and conformity
8.1 This article only applies if there is a Client who is not acting in the exercise of his profession or business. If Forwardsports.tech gives a separate warranty on the Products, without prejudice to the aforesaid, this applies to all types of Customers.
8.2 Forwardsports.tech guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the Agreement and / or government regulations. If specifically agreed, Forwardsports.tech also guarantees that the Product is suitable for other than normal use.
8.3 A warranty provided by Forwardsports.tech, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement. However, Forwardsports.tech can, if the Customer agrees, have Products repaired via the manufacturer, if a warranty applies.
8.4 If the delivered Product does not comply with the Agreement, the Customer must inform Forwardsports.tech within a reasonable period, but no later than 14 days after the date of delivery of the product, after he has discovered the defect.
8.5 If Forwardsports.tech considers the complaint to be well-founded, the relevant Products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the Product
8.6 For all warranty provisions under Article 8, the warranty is only provided in the event of malfunctioning or non-functioning of electronic components incorporated in the Products. No warranty is made on the physical components of the Products, such as the inside and outside of balls and shin guards. Electronic components include parts such as lithium-ion battery, accelerometer, magnometer, gyroscope, Bluetooth, etc. The warranty only applies to electronic components in the ordered Products and not those of similar components in equipment with which the ordered Products can be connected. such as mobile phones, tablets, etc.
8.7 The maximum warranty period for the technological components as referred to in paragraph 6 of Article 8 is 12 months after delivery of the Products.
8.8 Damage to, malfunction or non-functioning of electronic components as a result of abnormal use is not covered by the Forwardsports.tech warranty scheme. Normal use means the use of the Products for which they are intended under normal circumstances, under which comparable products are used in the performance or practice of the sports concerned, for which the Products are deemed to be used. Complaints or claims under warranty conditions will not be honored when the Products are used under abnormal conditions such as exposure to fire or other heat sources, excess water or immersion in them, extreme forces and weight, etc.
Article 9 – Complaints procedure
9.1 If the Customer has a complaint about a Product (in accordance with Article regarding warranty and conformity) and / or about other aspects of the services of Forwardsports.tech, he can submit a complaint to Forwardsports.tech by telephone, e-mail or post. . See the contact details at the bottom of the General Terms and Conditions.
9.2 Forwardsports.tech will give the Customer a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, Forwardsports.tech will confirm the complaint within 5 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the complaint. complaint from Customer.
9.3 Client who does not act in the exercise of his profession or business can also file a complaint / submit a dispute via the European dispute resolution platform, which can be reached via https://webgate.ec.europa.eu/odr/main/index.cfm?event = main.home.chooseLanguage
Article 10 – Liability
10.1 This Article only applies if the Client is a natural or legal person acting in the exercise of his profession or business.
10.2 The total liability of Forwardsports.tech towards Customer due to attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum amount of the price stipulated for that Agreement (including VAT). If no contract sum can be designated, Forwardsports.tech liability is limited to the amount that Forwardsports.tech receives from its corporate liability insurer.
10.3 Liability of Forwardsports.tech towards the Client for indirect damage, which in any case – but expressly not exclusively – includes consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
10.4 Apart from the cases referred to in the previous two paragraphs of this Article, Forwardsports.tech has no liability whatsoever towards the Client for compensation, regardless of the ground on which an action for compensation would be based. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Forwardsports.tech.
10.5 The liability of Forwardsports.tech towards the Client due to an attributable shortcoming in the performance of an Agreement only arises if the Client immediately and properly gives notice of default to Forwardsports.tech in writing, setting a reasonable period to remedy the shortcoming, and Forwardsports.tech also after that period continues to fail to fulfill its obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Forwardsports.tech is able to respond adequately.
10.6 A condition for any right to compensation to arise is always that the Customer reports the damage to Forwardsports.tech in writing as soon as possible, but no later than 30 days after it has arisen.
10.7 In the event of force majeure Forwardsports.tech is not obliged to pay compensation for any damage caused to the Client as a result. If the force majeure situation has lasted three months, both parties have the right to dissolve the Agreement in writing in whole or in part.
10.8 Force majeure of Forwardsports.tech is understood to mean any circumstance beyond the control of Forwardsports.tech, which prevents, delays or makes uneconomic the fulfillment of (the relevant part of) its obligations towards the Customer or which makes the fulfillment of these obligations reasonable. cannot be lowered from Forwardsports.tech.
Article 11 – Retention of title
11.1 Notwithstanding the actual delivery, the ownership of the Products will only transfer to the Customer after he has paid in full all that he owes or will owe to Forwardsports.tech in respect of Products delivered or to be delivered under the Agreement, including the purchase price. any surcharges, interest, taxes and costs payable under these Conditions or the Agreement, as well as any work performed or to be performed under such Agreement.
11.2 Any amount received from the Client will first of all serve to settle those claims that Forwardsports.tech may have on the Client with regard to which Forwardsports.tech has not made a retention of title in the first paragraph. Thereafter, any amount received from the Client will first of all serve to settle any interest and costs owed.
11.3 Before ownership of the Products has passed to the Client, the Client is not entitled to rent or use the Products to third parties, pledge them to third parties, or otherwise encumber them on behalf of third parties. The Customer is only entitled to sell or deliver the Products, of which Forwardsports.tech is the owner, to third parties.
11.4 The Customer is obliged to keep the Products delivered under retention of title carefully and as recognizable property of Forwardsports.tech and to insure them against risks such as fire, explosion, damage and theft. At the first request of Forwardsports.tech for this purpose, the Client will assign all rights to the relevant insurers in this regard to Forwardsports.tech.
11.5 If and as long as Forwardsports.tech is the owner of the Products, Customer will immediately notify Forwardsports.tech in writing if any part of the Products is lost or damaged, or if the Products are seized and / or otherwise claim. is made on (any part of) the Products. In addition, Customer will notify Forwardsports.tech on Forwardsports.tech’s first request where the Products owned by Forwardsports.tech are located.
11.6 In the event of seizure, (provisional) suspension of payments or bankruptcy, the Client will immediately inform the attaching bailiff, the administrator or the receiver of the (ownership) rights of Forwardsports.tech.
Article 12 – processing of personal data
If you submit a request through Forwardsports.tech, we will use and process your data to successfully process the request and deliver it to you via a carrier. For example your personal data. We adhere to the General Data Protection Regulation. We also use your data for future commercial information purposes. For example, timely notification that new versions or updates are available. We will not do this if you object. Our privacy statement describes how we process and protect your data and which choices you can make. You will find the privacy statement on our website. We can adjust the privacy statement if there are new developments. We recommend that you read the privacy statement regularly. This way you know how we process and protect your data.
Article 13 – Final provisions
13.1 The Agreement is governed by Dutch law
13.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Forwardsports.tech is located.
13.3 If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as a replacement, thus giving shape to the intention of the original provision as much as legally possible.
13.4 In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established. 12.5 The applicability of the Vienna Sales Convention 1980 (GISG) is expressly excluded.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Van Marwijk Kooystraat 10A
1114 AG Amsterdam Duivendrecht
By phone: +31 85-018 12 15, email: firstname.lastname@example.org
Appendix 1 Model form for withdrawal
(only complete and return this form if you wish to cancel the contract)
- To name / address
- I / We * share / share (*) hereby inform you that I / we (*) our agreement regarding the sale of the following goods:
- Ordered on (*) / received on (*)
- Name / names of consumer (s)
- Address of consumer (s)
- Signature of consumer (s) (only if this form is submitted on paper)
(*) Strike out what does not apply