: an agreement between TemaTurn BV (hereinafter referred to as TemaTurn) and a customer of the products and services provided by TemaTurn.
: the General Terms and Conditions of TemaTurn.
: the natural or legal person who has entered into an Agreement with TemaTurn. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa.
Article 1. Scope of Application
1.1 All offers, orders and agreements of
TemaTurn shall be subject to the General Terms and Conditions (hereinafter referred to as the Terms and Conditions) hereunder, to the exclusion of any other general terms and conditions. By accepting an offer or placing an order, the Customer accepts the applicability of these Terms and Conditions and that they shall form part of the sales agreement.
1.2 Any waiver from the provisions in these Terms and Conditions shall be made in writing, and all other provisions shall remain in full force and effect.
1.3 All rights and liabilities herein given to or imposed upon
TemaTurn shall extend to and be binding upon the intermediaries and external parties engaged by
1.4 Amendments or additions to these Terms and Conditions shall be invalid unless in writing and shall only apply to the specific agreement to which the amendments or additions are directed.
1.5 In the event of differences in the interpretation of one or more provisions in these Terms and Conditions, such provisions shall be interpreted in a manner consistent ‘with the spirit’ of the provisions.
1.6 Any matters not provided for in these Terms and Conditions shall be resolved in a manner consistent with the spirit of these Terms and Conditions.
1.7 The applicability of any purchase or other conditions of the customer is expressly rejected.
1.8 In the event that any provision contained in these Terms and Conditions may be in conflict with any applicable Dutch consumer legislation or regulation, the applicable legislation will supersede the conflicting provision, without prejudice to the applicability of the other provisions.
1.9 In the event that any provision in these Terms and Conditions is held to be unenforceable or invalid, the remainder of the provisions shall continue in full force and effect. TemaTurn and Customer shall then use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision that best approximates the purpose and intent of the original provision.
Article 2. Offers/agreements
2.1 All offers by
TemaTurn are non-binding and will be subject to availability of stock.
TemaTurn reserves the right to adjust prices as may be necessary under (statutory) regulations.
2.2 An agreement is reached when
TemaTurn accepts an order.
TemaTurn shall have the right to refuse orders or to attach certain conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted,
TemaTurn shall notify the customer of this within ten (10) working days of receiving the order.
2.3 After placing an order with TemaTurn, Customer shall receive an email containing the order confirmation, product details and shipping charges.
2.4 Additions and changes to the order will be implemented at no charge, if confirmed in writing by TemaTurn and if the order has not yet been processed. If this is not the case, TemaTurn reserves the right to refuse the additions and changes or charge additional costs.
2.5 Customer shall be held in default for failure to promptly make any payment due under its agreement(s) with TemaTurn. In the event of such breach, TemaTurn shall have the right to unilaterally terminate in writing all or part of the agreement, without notice of default and without legal recourse, including without limitation any liability for damages, notwithstanding any other rights that TemaTurn may have.
Article 3. Prices and payments
3.1 Unless otherwise provided, prices listed by the items are in Euros, including VAT. Shipping costs are not included in the prices listed, unless otherwise provided. Prices are subject to change without prior notice. Price adjustments shall take effect upon publication on the website and do not apply to orders placed before such publication. Absent proof to the contrary, TemaTurn’s administration shall at all times be deemed to contain an accurate representation of the status of orders, deliveries and payments.
TemaTurn cannot be held responsible for typographical or printing errors, including, but not limited to, prices. No rights can be inferred from incorrect pricing information.
3.3 All confirmed orders are subject to advance payment. After placing the order, Customer shall transfer the total amount, including shipping charges, to TemaTurn. The order will be processed after receipt of payment. Further (payment/order) conditions may be attached to the Customer’s order. For bank or giro payments, the date on which the TemaTurn giro or bank account is credited is considered the date of payment. Pickup orders can be paid with cash.
3.4 In the event of overdue payment, Customer is in default of payment and shall from the due date of the invoice and is subject to a penal interest of 1% per month for each month or part of a month that the payment remains outstanding. If payment occurs after receiving a demand for payment from TemaTurn, Customer will be charged fot the extra administration costs. If TemaTurn contracts out the collection of debt, Customer is additionally responsible for the collection costs, which will be calculated in accordance with the collection rate of the Report Preliminary Work II (Rapport Voorwerk II), without prejudicing the right of TemaTurn to demand payment of the out-of-court costs incurred.
3.5 If Customer is in default of any payment, TemaTurn is entitled to suspend or terminate (the performance of) the relevant agreement and any associated agreements.
3.6 If the prices for the offered products and services rise in the period between the order and its fulfillment, Customer is entitled to cancel the order or terminate the agreement within ten (10) days of being notified of such price increase by TemaTurn.
3.7 Invoices will be submitted or sent with the delivery. The invoices also serve as proof of warranty for Customer.
Article 4. Delivery
4.1 If in stock, Tema Turn shall attempt to submit the orders to TNT postal service for delivery within 2-4 business days after receipt of payment. However, TemaTurn is not obligated to do so. TNT Post guarantees that 98% of its orders are delivered within 4-8 days, provided the delivery address is in the United Kingdom
. Tema Turn kan cannot be held responsible for this guarantee.
4.2 TemaTurn cannot be held liable by Customer or any other third parties for any damage sustained during or as a result of the delivery, unless Customer can demonstrate that such damage is due to wilful misconduct, gross negligence and or culpable actions on the part of TemaTurn.
4.3 The maximum delivery period is 30 days after receipt of the order/payment, unless the delivery is delayed due to reasons beyond TemaTurn’s control. When placing an order with TemaTurn, the delivery address provided must be clear and complete. Delivery will be made to the Customer’s usual business address, unless otherwise agreed.
4.4 If the delivery is delayed due to (temporary) stock limitations or for any other reasons whatsoever, or if an order cannot be fulfilled in its entirety, the Customer will be notified by no later than thirty (30) days after placing the order. The Customer may then cancel the order at no charge and receive a full refund from TemaTurn.
4.5 Colour, type, text and/or prices may be subject to change. Customer will be informed of any great variations in model, colour and price and thus have the opportunity to terminate the agreement.
Article 5. Retention of title
5.1 All products delivered by TemaTurn remain the property of TemaTurn until the Customer has fulfilled its obligations to TemaTurn in full. The risk involving the products shall be transferred to Customer at the time of delivery.
Articler 6. Complaints and cooling-off period
6.1 Customer shall check the products delivered immediately upon receipt. If any shortcomings are observed, Customer must inform TemaTurn of this in writing by no later than two (2) months after such discovery.
6.2 Minor deviations in quality, which are technically unavoidable or considered normal in the sector, do not constitute grounds for complaint or termination of the agreement.
6.3 In the event of evidence that the products do not meet the requirements set forth in the agreement,
TemaTurn shall at its discretion replace the products or refund the full purchase price, including shipping costs.
6.4 If Customer does not wish to take delivery of a product for whatever reason, Customer has the right to return the product to TemaTurn within seven (7) business days of delivery and terminate the agreement. The termination of the agreement will apply only if the product is returned unused and unwashed and in its original and undamaged packaging. TemaTurn will then refund the purchase price within thirty (30) days after termination of the agreement and receipt of the product. The costs of return shipment shall be borne by Customer.
6.5 TemaTurn reserves the right to refuse any returned products (within or outside the recall period of 7 business days) or merely credit a portion of the paid amount, if it has reason to believe that the product has been worn or washed, the packaging is (completely or partially) damaged, used or damaged by the Customer.
6.6 Request for return must be made by an email to TemaTurn containing the name of the Customer, the reason for the return and the order number under which the product was delivered. Return shipments not authorised will be refused. The costs and riskof the return shimpment shall be borne by Customer.
6.7 Return shipments with insufficient postage shall not be accepted.
6.8 Our standard return policies do not apply to:
· Customised and/or personalised products,
· Products, which by their nature, are not suitable for return.
· Products with a broken seal.
Article 7. Communication
7.1 In the communications between Customer and TemaTurn or between third parties and TemaTurn, the latter is not liable for any misunderstanding, distortion, delays or inappropriate transmission of orders and messages resulting from the use of the Internet or any other means of communication insofar as this affects the relationship between the Customer and TemaTurn, unless and to the extent to which this is due to the intent and gross negligence of TemaTurn.
7.2 All correspondence with the Customer shall be sent to the email address provided by the Customer; TemaTurn shall not use other means of communication for exchange of non-critical information.
7.3 Given the increasing dependency on the Internet and its unpredictable and sometimes unstable nature, the TemaTurn website may not always be accessible. TemaTurn cannot be held responsible for this.
Article 8. Force majeure
8.1 Without prejudice to its other rights,
TemaTurn has the right in the case of force majeure to suspend the execution of the order or dissolve the agreement without legal intervention, at its sole discretion, by notifying in writing the Customer of this and without
TemaTurn being liable to pay any damages, unless such would be unacceptable in the given circumstances according to generally accepted standards.
8.2 Force majeure is understood to mean any shortcoming for which
Tema Turn cannot be held responsible, because the fault does not lie with Tema Turn, nor can it be made accountable by virtue of law, a legal act, jurisprudence or according to generally accepted standards.
Article 9. Guarantee
9.1 All products offered in the webshop are new and original. Before dispatch, all products are thoroughly checked by TemaTurn for production errors. TemaTurn guarantees that the products to be delivered comply with the usual standards and requirements that can be set for them and are free of any defects or deficiencies.
9.2 The guarantee referred to in article 9.1 is applicable for a period of 1 month after delivery.
9.3 A request for guarantee will be considered by
TemaTurn only if submitted within the applicable guarantee period. This request must be notified in writing within 14 days after the defect is first discovered or could reasonably have been discovered.
9.4 The guarantee will be granted only when the original invoice from
TemaTurn to Customer is presented with the defective product.
9.5 Any type of guarantee shall cease to apply if:
· Without written permission from
TemaTurn, Customer or third parties have made changes to or attempted to repair the delivered products.
· The delivered product has been used carelessly or incompetently, or if the product has not been maintained in the usual manner or in the manner prescribed.
· The delivered product is used for purposes other than the intended use, including but not limited to professional use, which is defined as use in the context of normal business practice, frequent use or use for commercial purposes (e.g. society, sales booth or stall).
· Professional use is permitted and the product is guaranteed to work properly if ‘suitable for professional use’ (or similar description) is explicitly described on the purchase receipt.
9.6 Customer shall be responsible for all costs incurred by or on behalf of the Customer for modifying or repairing the delivered products without the prior written approval of
9.7 The guarantee does not cover shipping charges to and from
Article 10. Liability
TemaTurn can only be held liable for direct damage suffered by Customer or third parties if and to the extent that such damage is the direct and immediate result of the execution of the agreement by
TemaTurn or unless under provisions of mandatory law the onus of the risk rests with
10.2 In compliance with the foregoing paragraph,
TemaTurn’s entire liability is limited to the purchase price of the delivered product, unless the damage is caused by an intentional act or omission, gross negligence or wilful misconduct by
TemaTurn cannot be held responsible for differences in prices, images and text information provided in the catalogues or other documentation of
10.4 Customer indemnifies
TemaTurn from any claims from third parties that claim to have suffered damage from a product that Customer has ordered from
TemaTurn, unless Customer demonstrates that under mandatory law
TemaTurn is responsible for such damage.
10.5 In no event shall TemaTurn be liable for any form of indirect damage, including loss of profite and consequential damage, even if TemaTurn is notified of the potential occurrence of such indirect damage.
10.6 The limitation of liability, as referred to in this article, shall similarly apply to staff members, employees and all other persons engaged by TemaTurn to execute an agreement.
10.7 Any paragraph of this article that is deemed to be onerous or in conflict with mandatory (consumer) laws shall be declared inapplicable.
Article 11. Intellectual and industrial property rights
11.1 Customer is required to fully and unconditionally respect all intellectual and industrial property rights attached to the products delivered by
TemaTurn does not guarantee that the products delivered to the Customer are not in breach of any (unwritten) third-party intellectual and/or industrial property rights.
11.3 Customer acknowledges that all intellectual property rights to the information, announcements or other communications with respect to the products and/or the website rest with TemaTurn, its suppliers or other titleholders.
11.4 Customer is prohibited to make use of or modify the intellectual property rights, as described in this article, by means of reproduction for example, without explicit written approval from TemaTurn, its suppliers or other titleholders, unless it solely concerns the private use of the product itself.
Article 12. Protection of personal information
12.1 Personal information is stored in TemaTurn’s customer database for the purpose of processing the orders. TemaTurn also uses the information for internal marketing purposes, to send catalogues for example.
12.2 Customer shall at all times have the right to ask TemaTurn what information is available in the database and to have the information modified. TemaTurn cannot guarantee the security of personal information sent over the Internet, as there is a risk that this information may be intercepted. TemaTurn cannot in any way be held responsible for this.
12.4 Subject to permission, all information provided by Customer will be entered into the central database of TemaTurn and used to facilitate the processing of new orders and to receive offers and other promotional materials. Only TemaTurn is permitted to send Customer emails in the context of promotional activities, if Customer agrees. Customer can at all times revoke its consent or cancel its subscription to the newsletter, for example. Subscription can be cancelled at any time through the website.
Article 13 Complaints
13.1 Complaints should be emailed to TemaTurn with a detailed account of the nature of the complaint. TemaTurn and Customer will make every reasonable effort to reach a mutually satisfactory solution. The points specified in article 6 further apply to exchanging / replacing products.
Article 14. Applicable law and competent jurisdiction
TemaTurn agreements are subject to the laws of the
14.2 Any dispute that cannot be resolved between TemaTurn and Customer shall be subject to the jurisdiction of the competent court in the
14.2 The foregoing provisions shall also apply when an agreement is performed in part or entirely in a foreign country or if the customer has its registered office or is domiciled abroad. The applicability of the Vienna Sales Convention is expressly excluded.
Article 15. Source and amendment of terms and conditions
15.1 These Terms and Conditions are filed at the office of the Chamber of Commerce of …………………………. under registration number …………….. and can be sent, free of charge, upon request. These Terms and Conditions can also be downloaded from www.tt-gymnastics.com.
15.2 The last-filed version of these Terms and Conditions shall invariably apply to all legal relationships TemaTurn is party to, including thereunder the agreement with the Customer.
15.3 In the event that these general terms and conditions are available in a language other than Dutch, and there is any dispute as to interpretation or explanation, then the Dutch text of these general terms and conditions shall prevail.