Terms and Conditions
Table of contents:
Artikel 1 – Definitions
Artikel 2 – Company information/contact details
Artikel 3 – Applicability
Artikel 4 – Realization of the agreement
Artikel 5 – Right of withdrawal
Artikel 6 – Prices, payment and information
Artikel 7 – Delivery
Artikel 8 – Delivery address and delivery service
Artikel 9 – Retention of title
Artikel 10 – Registratie
Artikel 11 – Protection of personals data & creditors
Artikel 12 – Complaints and consumer protection
Artikel 13 – Liability
Artikel 14 – Overmacht
Artikel 15 – Guarantee
Artikel 16 – Final Provisions
In these terms and conditions the following definitions apply:
ISUPCENTER: ISUPCENTER; hereinafter referred to as ISUPCENTER, established in Ter Aar and registered with the Chamber of Commerce in the Netherlands under registration number KvK 77945859 and trading under the name ISUPCENTER.
Customer: the natural or legal person, whether or not acting in the exercise of his profession or business, who enters into an agreement with ISUPCENTER.
Agreement: an agreement or contract between ISUPCENTER and Customer, of which Agreement the General Terms and Conditions form an integral part.
General Terms and Conditions: the entirety of the provisions as set out below (the present Terms and Conditions)
Website: the website of ISUPCENTER, which can be consulted via www.isupcenter.com and related sub-domains www.isupcenter.de and www.isupcenter.nl
2. Company information/contact details
To the attention of Webshop
2461LV Ter Aar
ISUPCENTER is registered in the Commercial Register under number: 77945859
VAT number: NL861209102B01
Availability: from Monday to Saturday between 09:00 and 17:00
whatsapp: +31 0682562045
Email: [email protected]
3.1 These General Terms and Conditions apply to all Agreements, offers and deliveries of ISUPCENTER, unless otherwise agreed in writing.
3.2 The Customer is bound by these General Terms and Conditions if he has been informed of the applicability of these General Terms and Conditions in good time before or at the time of the conclusion of the Agreement and the Terms and Conditions have been handed over to him.
3.3 If the Customer includes terms or conditions in its order, confirmation or notification of acceptance that deviate from or do not appear in these General Terms and Conditions, they will only be binding on ISUPCENTER if and insofar as they have been expressly accepted by ISUPCENTER in writing.
4 Realization of the agreement
4.1 The Agreement is concluded at the time of acceptance by the Customer of ISUPCENTER’s offer and compliance with the conditions set by ISUPCENTER.
4.2 If Customer has placed the order, ISUPCENTER will confirm this order by email. As long as ISUPCENTER has not confirmed the order, the Customer has the option to dissolve the Agreement.
4.3 If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, such as an incorrect e-mail address, ISUPCENTER has the right to fulfill its obligation only after the correct information has been received.
4.4 ISUPCENTER is entitled to refuse an order or to attach special conditions to the delivery. ISUPCENTER can do this if there is a suspicion of fraud or if the Customer has not fulfilled his or her obligations in previous orders. If ISUPCENTER cannot determine the Customer’s residential address, the order will not be accepted.
5 Right of withdrawal
5.1 The Customer can revoke all purchases made via the Website without giving reasons and within 14 days of receipt of the items by the Customer himself or a representative designated by him in advance, under certain conditions, free of charge. The Agreement will then be dissolved.
5.2 The Customer can make use of this right by submitting a return notification by e-mail within the period specified in Article 5.1 by stating the required data in the 0 return form. The return form may also be returned with the shipment to be returned. After registering a return notification by e-mail, the Customer has 14 days at the latest to actually return the product.
5.3 If the Customer makes use of his right of withdrawal, the costs associated with the return are for the account of the Customer.
5.4 In the event of return, the Customer may only use the delivered items – as is also customary in the store with viewing or trying on – insofar as it is necessary for him to assess whether he wants to keep the item. Items must be returned with attached price tag and original labels.
5.5 If depreciation occurs because the articles have been used in violation of the above, ISUPCENTER reserves the right to claim compensation, which will never exceed the amount paid by the Customer for the article. This does not apply if the damage is caused by normal use of the item to assess whether the Customer wants to keep the product. This compensation will be deducted from the amounts to be refunded by ISUPCENTER. In addition, ISUPCENTER has the right to refuse a return if the conditions are not met. This is possible if the items are used or broken.
5.6 If payments have already been made by the Customer for the relevant product, ISUPCENTER will refund these payments to the Customer as soon as possible, but in any case within 14 days after the termination.
5.7 ISUPCENTER is never liable for any damage, theft or loss that occurs to the packaging or the product when it is returned.
5.8 Without prejudice to the provisions already stated in this article, it applies specifically to shoes (normal or ski/snowboard) and slippers that they may only be tried on indoors. If traces of use are found on the soles, ISUPCENTER has the right to refuse the return and to send it back to the Customer. Swimwear (bikini pants and swimming trunks), underwear, etc. may only be worn over underwear. In addition, the protective strip must not be removed. If the strip has been removed, ISUPCENTER has the right to refuse the return and to return the item to Customer. All this from a hygienic point of view. Finally, cosmetic products (sunscreen, etc.) can only be returned unopened from a hygienic point of view.
6 Prices, payment and information
6.1 The prices at the time of ordering an item apply. All prices include the legally determined VAT and other government-imposed levies.
6.2 All prices on the Website and other expressions are subject to obvious programming and typing errors. This means that prices with a spelling error that is clear to everyone that it is not the actual price, cannot be demanded by the Customer. ISUPCENTER then has the right to cancel or reverse the purchase.
6.3 The articles can be paid in various ways. Payment methods may vary from time to time. More information about the payment methods can be found on the Website. However, ISUPCENTER reserves the right, based on the results of a credit check, previous orders, non-fulfilment by the Customer or for other valid reasons, to exclude certain payment options at any time or to refuse the entire payment/order.
6.4 The prices stated on the Website of ISUPCENTER online are exclusive of shipping costs. The amount of the shipping costs is calculated based on the choice of shipping time and/or method. The amount of the shipping costs will be clearly communicated to the Customer during the ordering process on the Website. Information about this will also be provided in good time before the Agreement is concluded.
6.5 ISUPCENTER cannot be held responsible for color deviations due to screen quality.
7.1 ISUPCENTER takes the greatest care when receiving orders and sending the ordered items.
7.2 ISUPCENTER delivers the items within Europe via DPD, as long as stocks last.
7.3 An indication of the delivery time of an article is in principle 3 to 4 working days from the order date, provided the product is in stock. The delivery time is in any case no more than 30 days, unless expressly agreed otherwise. In the unlikely event that the delivery time exceeds the maximum delivery period of 30 days, the Customer has the option to dissolve the Agreement free of charge.
8 Delivery address and delivery service
8.1 If the Customer orders from ISUPCENTER, he can decide for himself to which address the order should be delivered. If he wants to change his choice afterwards, he can do this by calling ISUPCENTER.
8.2 Requests to change the delivery address can only be accepted if the order has not yet been shipped.
9 Retention of title
9.1 As long as the Customer has not made full payment over the entire agreed amount, all delivered goods remain the property of ISUPCENTER.
10.1 In order to make optimal use of the Website, the Customer can register via the account registration option on the Website.
10.2 During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
10.3 Customer must keep his login details, username and password strictly secret. ISUPCENTER is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer’s account is Customer’s responsibility and risk.
10.4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or inform ISUPCENTER thereof as soon as possible, so that ISUPCENTER can take appropriate measures.
11 Protection of personal data & creditors
11.1 The data necessary for the processing of the Customer’s order will be stored and, in the context of the processing of the order, may be passed on to companies affiliated with ISUPCENTER or companies that perform part of ISUPCENTER’s services.
11.2 ISUPCENTER reserves the right, as already mentioned in article 6.3, to carry out an analysis of the data provided by you and to offer an alternative payment method based on the information obtained.
11.3 Naturally, all personal data of the Customer will be treated with strict confidentiality and the legal rules regarding the protection of personal data and privacy will be strictly observed by ISUPCENTER. ISUPCENTER will not sell or transfer Customer’s personal data to third parties.
11.4 In cases where personal data is provided by ISUPCENTER to third parties for the performance of the Agreement, these third parties are not entitled to use this data for any purpose other than the performance of their task. The third parties with which ISUPCENTER works are bound by the terms and conditions of ISUPCENTER, in which the privacy of the Customer is guaranteed.
11.5 If the Customer has registered for offers and General Information by an act or explicit consent, ISUPCENTER will use the Customer’s personal data in addition to the cases described above for its own information purposes. If the Customer does not wish to receive unsolicited information from ISUPCENTER (by post, telephone or e-mail), the Customer can unsubscribe at any time and object to the further use of your personal data for commercial communications, by notifying this by e-mail. to our Customer Service. The option to unsubscribe is also offered to the Customer in any relevant email from ISUPCENTER.
12 Complaints and consumer protection
12.1 If the Customer is not satisfied with the products or services of ISUPCENTER, ISUPCENTER will gladly resolve this. The Customer is welcome to contact ISUPCENTER about this.
12.2 If the Customer has a complaint about a delivered item, he must contact ISUPCENTER as soon as possible after the defect has manifested itself, or the Customer could reasonably have become aware of it. ISUPCENTER therefore recommends that the Customer inspect the product upon receipt.
12.3 Contrary to the provisions of the previous paragraph, specifically for the Customer who does not act in the exercise of his profession or business, he shall be notified as soon as possible, but in any case within 2 months after discovery of a defect or after purchase of the product. article should contact ISUPCENTER.
12.4 ISUPCENTER has a customer service that aims to always resolve any problems and/or complaints in consultation with the Customer and in the best possible way.
13.1 The liability of ISUPCENTER for an attributable shortcoming in the performance is always limited to a maximum of the amount of the purchase price of the relevant item(s) and shipping costs.
13.2 ISUPCENTER is never liable to the Customer for consequential damage.
13.3. The liability of ISUPCENTER towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives ISUPCENTER notice of default immediately and properly in writing, setting a reasonable term to remedy the shortcoming, and ISUPCENTER is also attributable after that term. 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 ISUPCENTER is able to respond adequately.
13.4 The condition for the existence of any right to compensation is always that the Customer reports the damage to ISUPCENTER in writing as soon as possible (in any case within 2 months after the damage occurred).
13.5 The Customer indemnifies ISUPCENTER against all claims from third parties.
13.6 In case of force majeure, ISUPCENTER is not obliged to compensate the damage caused to the Customer.
14 Force majeur
14.1 In a situation of force majeure, the obligations of ISUPCENTER are suspended. If the period in which the force majeure occurs is longer than two months, both the Customer and ISUPCENTER have the right to dissolve the Agreement without any obligation to pay compensation, without prejudice to the provisions of paragraph 3
14.2 There is, among other things, force majeure in the event of crowds due to actions and/or Customer Days, strikes, illness among staff, transport disruptions and import/export bans, regardless of whether this occurs at ISUPCENTER or at ISUPCENTER’s suppliers.
14.3 If payments have already been made to ISUPCENTER by the Customer, ISUPCENTER will refund these payments to the Customer as soon as possible, but in any case within 14 days after the termination of the Agreement.
15.1 This article only applies if there is a Customer who does not act in the exercise of his profession or business and applies without prejudice to Article 12. If ISUPCENTER gives a separate guarantee on the products, this applies, without prejudice to the just stated, for all types of customers.
15.2 ISUPCENTER 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 and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, ISUPCENTER also guarantees that the product is suitable for other than normal use.
15.3 ISUPCENTER has its own warranty of 6 months on all products. If the Customer discovers a defect on delivery or within this period, he has the right to submit a complaint about this (art. 12) and if the complaint is justified, to exchange the product for the same item or to have it repaired. This concerns the same item in the same size. If an exchange is no longer possible, ISUPCENTER will refund the purchase amount. A complaint is unfounded if the defect is caused by normal use and wear and tear (normal wear and tear) by wearing/using the products or by misuse/misuse of the product.
15.4 A guarantee provided by ISUPCENTER, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
15.5 If the delivered product does not comply with the Agreement, the Customer must inform ISUPCENTER as soon as possible after discovering the defect.
15.6 If ISUPCENTER considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of Article 13 regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
16.1 Dutch law applies to the Website, all Agreements between ISUPCENTER and the Customer and the General Terms and Conditions.
16.2 Insofar as not prescribed otherwise by these General Terms and Conditions or the rules of mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court.
16.3 If a provision in these General Terms and Conditions proves to be invalid, this does not affect the validity of the entire General Terms and Conditions. In this case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
16.4 “In writing” in these Terms and Conditions also includes e-mail, provided the identity of the sender and the integrity of the e-mail are sufficiently established.
16.5 In the case of electronic communication with ISUPCENTER, the version of that message received or stored by ISUPCENTER is considered the authentic version, unless the Customer can demonstrate that this version is not authentic.