1. Applicability
1.1 These General Terms and Conditions apply to all offers from JooBee and to all agreements entered into with JooBee.
1.2 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products if expressly indicated.
1.3 The provisions of these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these conditions remain fully in force.
1.4 If the Buyer also refers to its general terms and conditions, these conditions shall not apply unless JooBee has expressly agreed to this in writing.
1.5 The JooBee website is aimed exclusively at the Dutch market.
1.6 “Buyer” means any visitor to the website or any natural person or legal entity that has or will have a contractual relationship of any kind with JooBee.
1.7 JooBee reserves the right to change or supplement these conditions from time to time. 1.8 By using the JooBee website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.9 JooBee is authorized to use third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
2.1 Offers or price quotations should be regarded as an invitation to potential Buyers to make an offer. JooBee is in no way bound by this, unless this has been recorded in writing and unambiguously. The acceptance of the invitation to make an offer by the potential Buyer is considered an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
2.2 Offers are valid while stocks last.
2.3 A personalized offer is valid for two (2) weeks, unless a different term is stated in the offer. 2.4 An offer from the potential Buyer as referred to in article 2.1 is deemed to have been made in one of the following circumstances:
the potential Buyer has indicated exactly which product and/or service he wishes to receive
a quotation has been signed by the Buyer and received by JooBee in the event that JooBee has issued a personal quotation
the potential Buyer has entered the data on the appropriate input screen of the website/webshop and the relevant data ("order form") has been sent to JooBee electronically and has been received by JooBee.
2.5 An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer was made via the website, has been sent by email to the email address specified by the Buyer.
2.6 Buyer and JooBee expressly agree that a valid agreement is concluded by using electronic forms of communication, as soon as the conditions in articles 2.4 and 2.5 have been met. In particular, the absence of a regular signature does not affect the binding force of the offer and its acceptance. The electronic files of JooBee will, to the extent permitted by law, be considered a presumption of evidence.
2.7 Information, images, communications provided orally, by telephone or by email and statements etc., with regard to all offers and the most important characteristics of the products are given or made as accurately as possible. JooBee is not liable for obvious errors.
3. Prices
3.1 All prices are expressed in Euros, in accordance with the legal regulations in this regard, and are inclusive of sales tax (VAT)
3.2 Special offers are only valid for the period of validity as stated with that offer. This statement is printed in a brochure or is stated on the website with regard to that special offer.
3.3 The Buyer owes the price that JooBee has communicated to her in her confirmation in accordance with article 2.5 of these conditions. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can also be corrected by JooBee after the agreement has been concluded.
3.4 Delivery costs are not included in the price. The amount of the delivery costs depends on the size and/or weight of the ordered product and is stated in the shopping cart. This can also be found in the information about the shipments on the website.
4. Payment
4.1 Orders via the website can be paid via iDEAL, PayPal or bank transfer.
4.2 JooBee can expand the payment options in the future. Other payment options will be made known via the website or via written notices in the branches of JooBee
4.3 The payment methods can only be used if the conditions of such methods, including a check on the creditworthiness of the potential Buyer, have been met.
4.4 In the event that JooBee has agreed on a payment term, the Buyer will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed at that time.
4.5 In the event of non-payment or late payment by the Buyer, interest of 1.5% per month will be due on the outstanding amount from the day on which payment should have been made until the day of full payment, whereby a month that has started will be considered a full month.
4.6 The Buyer will also be liable for all (extra)judicial costs of any nature whatsoever that JooBee has had to incur as a result of the Buyer's failure to meet his (payment) obligations. 4.7 In the event of late payment, JooBee is authorized to terminate the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with the payment obligations, including the payment of interest and costs due.
5. Delivery and delivery time
5.1 Orders will be delivered as soon as possible. In principle, JooBee strives to ship orders placed before 3:00 PM on a working day within five working days. The stated delivery time is only an indication and never applies as a fatal term. JooBee can provide further information about delivery times on the website or via its branches or otherwise in writing. Such information is only indicative.
5.2 Deliveries will take place at the address specified by the Buyer during the conclusion of the agreement.
5.3 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products passes to the Buyer. This risk arrangement only applies if the total of the order does not exceed €5,445.36. For higher amounts, the risk is transferred to the Buyer at the moment the order is handed over to the carrier.
6. Exchanges and right of withdrawal
6.1 The Buyer is obliged to (have) the products inspected carefully immediately upon receipt. With regard to products purchased in a branch, exchanges are permitted within fourteen (14) days after delivery to a JooBee branch. Exchanges are only possible upon presentation of the original invoice. The Buyer will receive a credit note.
6.2 Exchanges of products purchased via the website or in another manner in which only electronic communication is used are permitted within fourteen (14) days after delivery. The shipping costs for returning the product are at the expense of the Buyer. The Buyer will receive a credit note. 6.3 If the consumer-Buyer has exercised the right of withdrawal as stated in the previous paragraph, JooBee will ensure that the amount paid by the consumer-Buyer is refunded within 30 days.
6.4 Cancellation is not possible for items that we have ordered especially for you once the order has been placed by JooBee with the manufacturer and/or supplier. If the customer still wishes to cancel, we will charge cancellation costs of 25% of the value of the ordered item.
7. Retention of title
7.1 Ownership of products will not be transferred to the Buyer, notwithstanding actual delivery, until the Buyer has paid in full all that the Buyer owes in connection with any agreement with JooBee, including compensation for interest and costs, also for previous or later deliveries and any work performed or to be performed in connection with the products.
7.2 The Buyer may not encumber, sell, deliver, alienate or otherwise encumber the products before ownership has been transferred.
8. Warranty and liability
8.1 Products supplied by JooBee are exclusively subject to the warranty as determined by the manufacturer of the product in question. During the warranty period, JooBee only acts as a counter function.
8.2 JooBee's liability is, without prejudice to the provisions of article 8.1, limited to compensation for damage up to a maximum of the invoice value of the product or service that caused the damage. The preceding sentence does not apply in the event of intent or gross negligence on the part of JooBee.
8.3 JooBee is never liable for consequential or business damage, indirect damage and loss of profit or turnover.
8.4 In the event that the Buyer has concluded an agreement via JooBee for a warranty period, only the conditions that have been declared applicable to that agreement apply with regard to this warranty.
8.5 Without prejudice to the provisions of this articlekel determined, there can be no question of warranty if the wear and tear can be considered normal and further in the following cases:
if changes have been made to or in the product, including repairs that have not been carried out with the permission of JooBee or the manufacturer
if the original invoice cannot be submitted, has been changed or made illegible
if defects are the result of use that does not correspond with the intended purpose or improper use
if damage has been caused by intent, gross negligence or negligent maintenance
8.6 The Buyer is obliged to indemnify JooBee against any claim that third parties may make against JooBee in connection with the performance of the agreement, insofar as the law does not oppose the relevant damage and costs to be borne by the Buyer.
8.7 It is possible that JooBee includes links on its website to other websites that may be interesting or informative for the visitor. Such links are purely informative. JooBee is not responsible for the content of the website referred to or the use that can be made of it.
8.8 Rackets that are to be strung by JooBee are strung to the maximum permitted strength (according to the supplier's specifications). Tighter strung is possible but at your own risk. JooBee is not liable for any racket breakage if the frame is damaged.
9. Force Majeure
9.1 In the event of force majeure, JooBee is not obliged to fulfil its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure.
9.2 Force majeure is understood to mean any circumstance beyond its control that prevents the fulfilment of its obligations towards the Buyer in whole or in part. These circumstances include strikes, fire, business disruptions, power failures, non-delivery or late delivery by suppliers or other third parties and the absence of any permit to be obtained from the government. Force majeure also includes disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any time.
10. Intellectual property
10.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the website are vested in JooBee, its suppliers or other rights holders.
10.2 Intellectual property rights include patent, copyright, trademark, drawing and model rights.
10.3 The Buyer is prohibited from using, including making changes to, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of JooBee, its suppliers or other rights holders, unless it concerns purely private use in relation to the product itself.
11. Personal data
11.1 JooBee will only process the Buyer's data in accordance with its privacy policy. The website contains an extensive Privacy statement.
11.2 JooBee observes the applicable privacy regulations and legislation.
12. Applicable law and competent court
12.1 All offers and agreements are exclusively subject to Dutch law.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
13. Miscellaneous
13.1 JooBee is located in TILBURG, registered with the Chamber of Commerce under number 67571247 in the name of BadmintonWorld Bespanservice. You can reach us on telephone number 06-81574849 or via the e-mail address info@JooBee.nl. Account number: NL38KNAB0255687923, in the name of BadmintonWorld Bespanservice in Tilburg. VAT number: NL001780828B28
Please send all correspondence regarding an agreement or these terms and conditions to the above address or by e-mail.
13.2 JooBee strives to answer e-mails received by it within 48 hours on working days