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Terms and conditions

TABLE OF CONTENTS

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

ARTICLE 1 - DEFINITIONS

In these general terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or supply obligations of which are spread over time;

Durable medium: any medium that allows the consumer or trader to store information addressed to them personally in a way that enables future consultation and reproduction of the stored information in an unaltered form.

Right of withdrawal: the consumer's right to withdraw from the distance contract during the cooling-off period;

Model withdrawal form: the model withdrawal form provided by the trader that a consumer can fill in when they wish to exercise their right of withdrawal.

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract where, in the context of a system organized by the trader for the distance sale of products and/or services, only one or more distance communication techniques are used up to and including the conclusion of the contract;

Distance communication technique: a means that can be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.

General Terms and Conditions: the present General Terms and Conditions of the trader.

ARTICLE 2 - IDENTITY OF THE TRADER

Trade name: FOAMGRIP B.V. trading as FoamGrip®
Registered office: Mierloseweg 244, 5707 AV Helmond, Netherlands (not a visiting address)
Warehouse address: Van Salmstraat 15, 5281 RP Boxtel, Netherlands (not a visiting address)
Telephone number: +31 85 799 18 09
Email address: info@foamgrip.com
Chamber of Commerce (KvK) number: 96502398
VAT identification number: NL867638916B01

ARTICLE 3 - APPLICABILITY
  1. These general terms and conditions apply to any offer made by the trader and to any distance contract concluded and any orders placed between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and shall be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the general terms and conditions can be accessed by electronic means and that they shall be sent to the consumer free of charge by electronic means or otherwise upon request.
  4. In the event that these general terms and conditions are supplemented by specific product or service terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or voided, the contract and these terms and conditions shall remain in force in all other respects and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that approximates the original purpose as closely as possible.
  6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
ARTICLE 4 - THE OFFER
  1. If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
  2. The offer is non-binding. The trader is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a faithful representation of the products and/or services offered. Obvious misconceptions or obvious errors in the offer do not bind the trader.
  4. All images and specification data in the offer are indicative and may not give rise to a claim for damages or rescission of the contract.
  5. Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This includes in particular:
    1. the price including taxes;
    2. any shipping costs;
    3. the manner in which the contract will be concluded and the actions required for this;
    4. whether or not the right of withdrawal applies;
    5. the method of payment, delivery and performance of the contract;
    6. the period for accepting the offer, or the period during which the trader guarantees the price;
    7. the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
    8. whether the contract is archived after conclusion and, if so, how the consumer can access it;
    9. the manner in which the consumer can check and, if desired, correct the data they have provided in connection with the contract before concluding the contract;
    10. any other languages in which, in addition to Dutch, the contract may be concluded;
    11. the codes of conduct to which the trader has submitted and the manner in which the consumer can access these codes of conduct by electronic means; and
    12. the minimum duration of the distance contract in the event of a duration transaction.
ARTICLE 5 - THE AGREEMENT
  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
  2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract.
  3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
  4. Within legal limits, the trader may inform the consumer whether they are able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
  5. The trader shall accompany the product or service with the following information for the consumer, in writing or in such a way that the consumer can easily store it on a durable medium:
    1. the visiting address of the trader's establishment where the consumer can lodge complaints;
    2. the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
    3. information about warranties and existing after-sales service;
    4. the data included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before performance of the contract;
    5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. In the event of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every contract is entered into subject to the suspensive condition that the relevant products are sufficiently available.
ARTICLE 6 - RIGHT OF WITHDRAWAL
  1. When purchasing products, the consumer has the option to rescind the contract without stating reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer in advance and notified to the trader receives the product.
  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days after receiving the product. The consumer must notify the trader using the model withdrawal form or another communication channel such as email. After the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of dispatch.
  4. If the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
  1. If the consumer exercises their right of withdrawal, they shall bear at most the costs of return.
  2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
  3. If the product is damaged due to the consumer's own careless handling, the consumer is liable for any reduction in the product's value.
  4. The consumer cannot be held liable for a reduction in the product's value if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
  1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before the contract is concluded.
  2. The right of withdrawal may only be excluded for products:
    1. that are made to the consumer's specifications by the trader;
    2. that are clearly personal in nature;
    3. that cannot be returned due to their nature;
    4. that can deteriorate or expire quickly;
    5. whose price is subject to fluctuations in financial markets over which the trader has no control;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software if the consumer has broken the seal;
    8. for hygiene products if the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

  1. relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
  2. the provision of which has begun with the consumer's express consent before the cooling-off period has expired;
  3. relating to betting or lottery.
ARTICLE 9 - THE PRICE
  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices if their prices are subject to fluctuations in financial markets over which the trader has no control. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory rules or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    1. they result from statutory rules or provisions; or
    2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - CONFORMITY AND WARRANTY
  1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
  2. A warranty provided by the trader, manufacturer or importer does not affect the consumer's statutory rights and remedies under the contract against the trader.
  3. Any defects or incorrectly delivered products must be reported in writing to the trader within 2 months of discovery of the defect.
  4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader shall not be liable for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  1. the consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
  2. the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the trader's instructions and/or the instructions on the packaging;
  3. the defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
  1. The trader shall exercise the utmost care in receiving and performing orders for products and in assessing requests for the provision of services.
  2. The place of delivery shall be the address provided by the consumer to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company shall perform accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to rescind the contract without incurring any costs. The consumer has no right to compensation.
  4. All delivery periods are indicative. The consumer may not derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of rescission pursuant to paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after rescission.
  6. If delivery of an ordered product proves impossible, the trader shall make reasonable efforts to make a replacement product available. No later than at delivery, it shall be clearly and comprehensibly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the trader.
  7. The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative designated in advance and known to the trader, unless expressly agreed otherwise.
ARTICLE 12 - CONTINUING TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

Termination

  1. The consumer may at any time terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may at any time terminate a contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may:
    1. terminate the contracts mentioned in the preceding paragraphs at any time and not be limited to termination at a specific time or during a specific period;
    2. at least terminate them in the same manner as they were entered into;
    3. always terminate them with the same notice period as the trader has agreed for itself.

Extension

  1. A contract entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, a contract entered into for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.
  3. A contract entered into for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate it with a notice period of no more than one month and, in the case that the contract provides for the regular delivery of daily, news and weekly newspapers and magazines less than once a month, a notice period of no more than three months.
  4. A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the expiry of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may at any time after one year rescind the contract with a notice period of no more than one month, unless reasonableness and fairness preclude rescission before the end of the agreed duration.
ARTICLE 13 - PAYMENT
  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period shall commence after the consumer has received confirmation of the contract.
  2. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs disclosed in advance to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
  1. The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the trader in full and clearly described within 2 months after the consumer has discovered the defects.
  3. Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual consultation, a dispute shall arise that is subject to the dispute resolution procedure.
  5. In the event of a complaint, the consumer should first contact the trader. If the webshop is affiliated with ValuedShops and a complaint cannot be resolved through mutual consultation, the consumer should contact ValuedShops (https://www.valuedshops.com), which will mediate free of charge. Check whether this webshop has an active membership via; https://www.valuedshops.com/members/. If no solution has yet been reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by ValuedShops; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee.
  6. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader shall, at its discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
  1. Dutch law shall apply exclusively to contracts between the trader and the consumer to which these general terms and conditions apply. Even if the consumer is resident abroad.
  2. The Vienna Sales Convention does not apply.
ARTICLE 16 - ADDITIONAL OR DEROGATING PROVISIONS

Additional or derogating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.