Terms & Conditions
Article 1 – Definitions
In these general terms and conditions the following definitions apply:
1. Koersplaat: the Company Koersplaat V.O.F.;
2. Buyer: a natural person who enters into a remote agreement with Koersplaat. while not acting in pursuance of a profession or for a company;
3. Remote agreement: an agreement under which exclusively one or more techniques for remote communications are used to conclude the agreement within the framework of a system organised by Koersplaat. for remote sales, of products and/or services.
4. Right of Withdrawal: the Buyer’s right to cancel the remote agreement within the cooling-off period.
5. Permanent data carrier: any means that enables the Buyer or Koersplaat. to store data that are communicated to them personally in such a way that future consultation and unaltered reproduction of the stored data is possible.
Article 2: Koersplaat. data
Chamber of commerce: 76224007
Vat number: NL860551325B01
Article 3 – Applicability
1. These general terms and conditions apply to any remote agreement between Koersplaat. and the Buyer. Koersplaat. expressly excludes the applicability of any terms, including those of delivery, dictated by the Buyer, unless otherwise agreed upon in writing.
2. Before concluding a remote agreement, the text of these general terms and conditions will be made available to the Buyer. If in all fairness such is not possible, it will be communicated to the Buyer prior to concluding the remote agreement that the general terms and conditions can be perused at Koertsplaat and that they will be sent to the Buyer free of charge and as soon as possible.
3. Supplements to or deviations from these general terms and conditions are valid only if they have been expressly accepted by Koersplaat. in writing. In such a situation, any other stipulations in these general terms and conditions shall remain fully valid.
Article 4 – Offers
1. If an offer has a limited period of validity or if certain conditions apply to the offer, such will be explicitly stated in the offer.
2.The offer will provide a complete, accurate and detailed description of the products and/or services to be provided, allowing the Buyer to judge the product/service adequately. When pictures form part of an offer, they are faithful pictures of the products and/or services to be provided. Obvious mistakes or errors in an offer are not binding for Koersplaat.
3.Each offer will provide the information required by the Buyer to know his/her rights and duties upon accepting the offer.
Article 5 – The agreement
1.The agreement becomes valid the moment the Buyer accepts the offer and meets the terms and conditions, on condition of the stipulations in Article 5, paragraph 4.
2. If the Buyer accepts the offer via electronic means, Koersplaat will immediately confirm receipt of the acceptance of the offer via electronic means.
3. If the agreement is concluded via electronic means, Koersplaat will take the appropriate technical and organization all measures to protect the electronic transfer of data and provide a secure web environment. If the Buyer wishes to pay electronically, Koersplaat will provide the appropriate security measures.
4. Within the limits of the law, Koersplaat may gather information about the Buyer’s ability to fulfil his/her commitments regarding payment, and all facts and factors that are relevant to entering a remote agreement in a responsible way. If such research gives Koersplaat sound reason to not enter into an agreement Koersplaat. is entitled to refuse an order or request, or to impose special terms for its execution while explaining why.
5. Koersplaat will send the following information to the Buyer along with the product or service, in writing or in such a way that the Buyer can store it on a Permanent data carrier in an accessible manner:
a. Koersplaat’s visiting address: where the Buyer can turn to in case of any complaints.
b. The conditions under which and how the buyer can exercise his/her right of withdrawal from the agreement or a clear statement of the withdrawal right being inapplicable
c. Information about the service after purchase and any warranty
d. the price including any taxes on the product, service or digital content; insofar applicable the costs of delivery; and the method of payment, delivery or execution of the remote agreement;
6. If Koersplaat has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies only to the first delivery. General terms and conditions
Article 6 – Right of withdrawal on delivery of products
1. When purchasing some products (with the exception of products described in article 8 of these general terms and conditions) the Buyer has the possibility to dissolve the agreement without giving reasons during fourteen (14) working days. This period commences on the day after the Buyer, or a third party designated in advance by the Buyer, who is not the carrier, has received the product, or:
a) if the Buyer has ordered multiple products within the same order: the day on which the Buyer, or a third party designated by him, has received the last product. Koersplaat is entitled to refuse an order of multiple products with a different delivery time.
b) if the delivery of a product consists of several shipments or parts: the day on which the Buyer, or a third party designated by him, has received the last shipment or part;
c) in the case of agreements for regular delivery of products during a certain period: the day on which the Buyer, or a third party designated by him, has received the first product.
2. When the product is received damaged, the Buyer has the possibility to dissolve the agreement within the set period of 7 working days. This period starts after the Buyer has received the product.
3. During the cooling-off period, the Buyer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and function of the product. The starting point here is that the Buyer may only handle and inspect the product as he would be allowed to do in a store.
4. The Buyer is not liable for any reduction in value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
5. If the Buyer exercises his right of withdrawal, he shall notify this within the cooling-off period by means of an email to email@example.com.
6. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Buyer shall return or hand over the product to Koersplaat. In any situation, the Buyer has complied with the return period if he returns the product before the cooling-off period has expired.
7. The Buyer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Koersplaat.
8. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
9. The Buyer shall bear the direct costs of returning the product, unless Koersplaat has not notified the Buyer that the Buyer must bear these costs or if Koersplaat indicates that it will bear the costs itself.
10. If the Buyer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 7 – Costs in the event of withdrawal
1. If the Buyer makes use of his right of withdrawal, the direct costs of return are at his expense unless the product is delivered damaged.
2. Koersplaat shall reimburse all payments received from the Buyer, including any delivery costs charged by Koersplaat for the returned product, promptly, but in any case within 14 days upon the day on which the Buyer has given notice of the withdrawal. Unless Koersplaat offers to collect the product by themselves, Koersplaat may wait to repay until they have received the product or the Buyer indicates that he has returned the product, whichever is the earliest.
3. Koersplaat shall use the same method of payment for repayment as the Buyer has used, unless the Buyer consents to another method. Repayment is free of charge for the Buyer.
4. If the Buyer has selected a more expensive method of delivery than the least expensive standard delivery, Koresplaat shall not have to reimburse the additional costs for the more expensive method.
Article 8 – Exclusion of right of withdrawal
1. If the Buyer does not have a right of withdrawal, this is excluded by Koersplaat if Koersplaat has stated this in the offer, or at least in good time before concluding the contract.
2. The right of withdrawal never applies to products:
a) that have been brought about by Koersplaat in accordance with the Buyer’s specifications;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
Article 9 – Price
1. The prices of the products and/or services offered will not be raised during the period of validity, with the exception of price modification due to changes in VAT rates or other governmental levies.
2. In deviation from the previous paragraph, Koersplaat may offer products or services with variable prices. This applies to products or services the prices of which are subject to fluctuations in the financial market that are beyond Koersplaat’s realm of influence.
3. Price increases within three months of entering into the agreement will occur only if they are the result of legal regulations or stipulations.
4. Price increases after three months of entering into the agreement will occur only if: a) they are the result of legal regulations or stipulations, or b) the Buyer is authorized to cancel the agreement before the day on which the price increase applies.
5. All prices of the offered products or services include VAT, unless indicated otherwise.
Article 10 – Conformity
1. Koersplaat guarantees that the products and/or services will comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the provisions of the law and/or government regulations existing on the date the agreement was entered into. The Buyer accepts that Koersplaat’s production method may change the properties of the supplied picture(s), such as colour, contrast, clarity, focus or graphical representation.
2. The Buyer declares that he/she is aware of the production process of the product and is independently responsible for supplying the required documentation sufficiently and in the correct quality, including the picture and/or photograph to be taken.
Article 11 – Intellectual property rights
1. The execution of the order by Koersplaat may involve the reproduction and/or publication of works of third parties within the meaning of the Copyright Act or any other work protected by an intellectual property right. Publication, reproduction and/or use of such works (e.g. photographs, paintings, drawings and logos) by the Buyer may only take place with the permission of the rights holder.
2. The Buyer warrants that (i) it is authorised to instruct Koersplaat to use an image, photograph, drawing or logo in the production and delivery process and (ii) the rights of third parties are not infringed. The Buyer indemnifies Koersplaat against all possible claims of third parties regarding any (intellectual property) rights in relation to products ordered by the Buyer.
3. The intellectual property rights relating to the information displayed on Koersplaat’s website, including texts, photographs, illustrations, graphic material, (trade) names, word and figurative marks belong to Koersplaat. The intellectual property rights to which Koersplaat is entitled are in no way transferred to persons who gain access to and/or make use of the website of Koersplaat.
4. The content of the Koersplaat website may only be used for non-commercial private purposes. The user is not permitted to reproduce, forward, distribute or make available to third parties for a fee the contents of the site without the prior written consent of Koersplaat.
5. In the event that the Buyer discloses and/or reproduces an image, the copyright of which belongs to Koersplaat, without permission of Koersplaat, the Buyer is obliged to pay an immediately payable contractual penalty of 300% of the original sales price. Koersplaat reserves the right to additionally claim full compensation in proceedings.
6. In the event that the Buyer uploads their own GPX file lap from a GPX tracker (customization), Koersplaat may add this lap to the offer if necessary.
Article 12 – Delivery and implementation
1. Koersplaat will exercise the utmost care when receiving and executing product orders, and when assessing requests for the provision of services.
2. If through force majeure Koersplaat cannot deliver in accordance with the agreement, Koersplaat will inform the Buyer of such as soon as possible and shall not be liable to pay any damages.
3. In the case of force majeure, Koersplaat may, after consultation with the Buyer, repudiate the agreement or suspend delivery until such time that the situation of force majeure ceases to exist.
4. Koersplaat is not liable for any breaches of contract with the Buyer if these are not attributable to Koersplaat or if this is not at Koersplaat’s expense by virtue of the law, the agreement or the common opinion.
5. The address provided by the Buyer to Koersplaat will be the place of delivery. Koersplaat will not be liable for any damages the Buyer may suffer through late delivery by Koersplaat.
6. Unless expressly agreed otherwise, the risk of damages and/ or loss of products rests with Koersplaat until the moment of delivery to the Buyer. If the product is damaged during transport, Koersplaat’s liability is limited to the maximum compensation sum laid down by the transporter and/or the transporter’s insurer.
Article 13 – Payment
1. Unless provided otherwise in the agreement or additional conditions, amounts due by the Buyer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period within 14 days after entering into the agreement. In case of an agreement concerning a service, this term shall commence on the day after the Buyer has received confirmation of the agreement.
2. Koersplaat. offers the possibility to pay upfront by means of Ideal. The Buyer must pay at least 50% of the amount due in advance. If an advance payment is stipulated or the consumer consents to full payment in advance, the Buyer may not assert any rights with regard to the execution of the relevant order or services, before the advanced payment has been paid.
3. The Buyer is obliged to immediately notify Koersplaat of errors in the provided or stated payment details.
4. If the Buyer does not comply with its payment obligations, then the Buyer is, after he has been informed by Koersplaat of late payment and Koersplaat has awarded the Buyer a period of 14 days to comply with his payment obligations, after failure to pay within this 14 day period, due legal interest to the amount still outstanding and Koersplaat shall be entitled to charge extrajudicial collection costs. These collections costs amount to a maximum of: 15% over outstanding amounts till € 2,500; 10% over the following € 2,500, and 5% over the following € 5,000, with a minimum of at least € 40.
Article 14 – Warranty
1. Koersplaat does not guarantee that its supplied products can resist ultraviolet radiation or any other environmental factors.
2. If the design, material or production of the product is flawed, the Buyer is entitled to have the product repaired by Koersplaat or, if product repair is not possible, the Buyer is entitled to have it replaced by Koersplaat.
3. No warranty applies to damages arising from the incorrect use or application of the products supplied.
4. The proof of purchase (the order confirmation upon payment) is the certificate of guarantee.
5. If repair or replacement is not possible, Koersplaat is entitled to repudiate the agreement and to credit the Buyer for the entire sum.
Article 15 – Settlement of complaints
1. Complaints about the execution of the agreement must be submitted to Koersplaat within a reasonable period of time, fully and clearly described, after the Buyer has taken note of the shortcomings.
2. Complaints submitted to Koersplaat. will be replied to within 14 days. If a complaint requires a longer processing time, Koersplaat will communicate this within 14 days by confirming receipt of the complaint and indicating when the Buyer may expect a more detailed response.
Article 16 – Liability
1. Koersplaat is not liable for any damages arising from Koersplaat’’s use of incorrect information provided by the Buyer, unless Koersplaat knew about the incorrectness of such information.
2. Koersplaat is not liable for any damages arising from products supplied being used inappropriately.
3. Koersplaat is not liable for any damages arising from products being used by the Buyer, unless these damages can be attributed to Koersplaat’s intent or gross negligence.
4. If Koersplaat is liable for the Buyer’s damages arising from a shortcoming in the execution of this agreement, Koersplaat liability will be limited to the amount of the purchase price.
Article 17 – Applicable law and competent judge
Any disputes arising from and/or pertaining to the offers, quotations, these general terms and conditions shall be exclusively governed by Dutch law. Any disputes between Buyer and Koersplaat will be submitted to the competent court of the district Amsterdam, location Amsterdam, unless Koersplaat chooses to bring the case before the court of the Buyer’s domicile or another court with territorial jurisdiction pursuant to the law.