Terms and Conditions
Biggymanskleding's General Terms and Conditions of Sale and Delivery
TERMS OF DELIVERY:
1. Applicability
1.1 These General Terms and Conditions apply to all offers made by Biggymanskleding and to all agreements entered into with Biggymanskleding.
1.2 In addition to these General Terms and Conditions, Supplementary Terms and Conditions may apply to certain services and/or products, if expressly indicated.
1.3 The provisions set forth in these General Terms and Conditions may be deviated from only if this has been expressly agreed in writing, in which case the remaining provisions of these terms and conditions shall remain in full force and effect.
1.4 If the Buyer also refers to its own general terms and conditions, those terms and conditions shall not apply unless Biggymanskleding has expressly agreed to them in writing.
1.5 The Biggymanskleding website is aimed exclusively at the Dutch and Belgian markets.
1.6 “Buyer” means any visitor to the website or any natural person or legal entity that is or will be in a contractual relationship of any kind with Biggymanskleding.
1.7 Biggymanskleding reserves the right to amend these terms and conditions to comply with the legal standards of the Netherlands.
1.8 By using the Biggymanskleding website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as set forth on the website.
2. Offers and Formation of Contracts.
2.1 Offers are valid while supplies last. For offers made via the website, this will be communicated either by phone, fax, or email.
2.2 A personalized quote is valid for 2 weeks, unless a different period is specified in the quote.
2.3 A contract is formed at the moment an order confirmation is sent to the Buyer via email or regular mail to the email address or primary address provided by the Buyer.
2.6 The Buyer and Biggymanskleding expressly agree that by using electronic forms of communication, a valid agreement is formed as soon as the conditions in Articles 2.1 and 2.3 are met. In particular, the absence of a traditional signature does not affect the binding nature of the offer and its acceptance. To the extent permitted by law, Biggymanskleding’s electronic records shall serve as prima facie evidence in this regard.
2.7 Information, images, and statements provided verbally, by telephone, or via email, as well as statements regarding the suitability of all offers and the key features of the products, are presented or made as accurately as possible. However, Biggymanskleding does not guarantee that all offers and products fully conform to the information provided or the stated suitability. Deviations generally do not constitute grounds for compensation and/or termination.
3. Prices.
3.1 All prices are expressed in euros, in accordance with the applicable legal requirements, and include sales tax.
3.2 Special offers are valid only for the period specified in the offer. This period is printed or stated on the website for that special offer. These periods always correspond with one another.
3.3 The Buyer is obligated to pay the price that Biggymanskleding has communicated to the Buyer in its confirmation pursuant to Article 2 of these terms and conditions. Obvious (typos or other) errors in the price quotation, such as clear inaccuracies, may be corrected by Biggymanskleding even after the agreement has been concluded.
3.4 Shipping costs are not included in the price. These amount to €6.50 via DPD, up to 31 kilograms, and are shipped via DPD.
4. Payment
4.1 For orders placed via the website, payment can be made using the following methods: advance bank transfer, cash on delivery, PayPal, Klarna, or iDEAL.
Advance payment is made by transferring the order amount, quoting the order number, to Rabo account NL86RABO0304404101 in the name of Biggymanskleding in Almere. Once payment is received, the order will be processed and the goods shipped.
4.2 Pay for your online order via Klarna using a digital payment slip
Klarna handles the entire post-purchase payment process for biggymanskleding.nl. This means you will receive a digital payment slip from Klarna via email to pay for the product(s) you purchased. At biggymanskleding.nl, you can pay with a digital payment slip for amounts up to €250.00 if this is your first time paying through Klarna. If you’re already a Klarna customer, you can pay amounts up to €1,000.00.
To approve your request to pay via bank transfer, Klarna will perform a data verification. Klarna adheres to a strict privacy policy as described in its privacy statement. In the unlikely event that your request to pay via bank transfer is not authorized, you can, of course, pay for the product you wish to purchase using another payment method.
If you have any questions, you can always contact Klarna. For more information, please refer to the consumer section of the Klarna website.
Biggymanskleding may expand its payment options in the future. Any additional payment options will be announced on the website or via a written notice from Biggymanskleding.
4.3 Payment on account: This payment method is intended for businesses only. Payments must be made within 14 days of receipt of the goods. A €5 administration fee applies to this payment method.
4.4 If a payment term has been agreed upon by Biggymanskleding, the Buyer shall be in default upon the mere expiration of this term, and a collection agency will be engaged at any time.
Payment terms may only be agreed upon in writing under conditions to be set and agreed upon at that time.
4.5 In the event of non-payment or late payment, any additional costs shall always be borne by the Buyer; these costs will be recovered from the Buyer through a collection process.
4.6 The Buyer shall also be liable for all judicial and extrajudicial costs of any nature whatsoever that Biggymanskleding has incurred as a result of the Buyer’s failure to fulfill its (payment) obligations.
4.7 In the event of late payment, Biggymanskleding is authorized to terminate the agreement with immediate effect or suspend (further) delivery until the Buyer has fully fulfilled its payment obligations, including the payment of any interest and costs owed.
4.8 Payments not made within the timeframe specified by Biggymanskleding will be collected by the debt collection agency Profinca. All associated costs shall be borne by the Buyer.
5. Delivery and Delivery Time.
5.1 Orders will be delivered as soon as possible. In principle, Biggymanskleding strives to ship orders within 2 to 5 (in stock) and/or 5 to 10 (out of stock) business days. The stated delivery time is only an estimate and is never a strict deadline. Biggymanskleding may provide further information regarding delivery times on its website or communicate such information in writing by other means. Such information is provided for guidance only. The maximum delivery time shall be 30 days unless otherwise agreed. Should this delivery time not be feasible, we will notify you accordingly. You then have the right to terminate the agreement. Any amounts already paid will be credited as soon as possible, but within 30 days.
5.2 If the Buyer orders a product that is temporarily out of stock, we will indicate when the product will be available again. Delays will be reported to the Buyer by email or telephone.
5.3 Deliveries will be made to the address provided by the Buyer at the time the agreement was concluded.
5.4 The risk of loss or damage to the products that are the subject of the agreement passes to the Buyer at the moment they are legally and/or physically delivered to the Buyer and thereby brought under the control of the Buyer or a third party designated by the Buyer.
5.5 Different terms and conditions may apply to international shipments.
6. Exchanges and Right of Withdrawal
6.1 The Buyer is required to carefully inspect the products (or have them inspected) immediately upon receipt. Any damage to the item must be reported within 24 hours of receiving the goods; after 24 hours, we will not accept damaged items as returns. For contracts with consumer buyers where electronic communication was used exclusively, the consumer buyer has the right to exercise a right of withdrawal without penalty and without providing a reason within fourteen (14) days of delivery of the product in question.
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
– contracts for the supply of goods that are not prefabricated and whose manufacture depends on an individual choice or specification by the consumer, or that are clearly tailored to the consumer’s personal needs,
– contracts for the delivery of goods that are perishable or whose expiration date would be reached quickly,
– contracts for the delivery of sealed goods that, for reasons of public health or hygiene, are not suitable for return, if the seal has been broken after delivery,
– contracts for the delivery of goods, if, after delivery, such goods are, by their nature, inextricably mixed with other goods,
– contracts for the supply of alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which can be delivered no sooner than 30 days after the contract was concluded, and whose current value depends on market fluctuations over which the business owner has no control,
– contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery,
– contracts for the supply of newspapers, magazines, or illustrated periodicals, excluding subscription contracts
;
6.2 Returns must be reported using our “Returns” button. Once you have completed the form, you may return the items. You are responsible for the shipping costs associated with returning the items. Returns must be sent back within 14 days of reporting them; if they are returned after 14 days, the return will be refused (unless otherwise agreed). Returns may be sent to this address:
* Biggym Sportswear
* Europalaan 935
* 1363BM Almere
PLEASE NOTE: ONCE YOU HAVE REGISTERED YOUR RETURN, YOU HAVE 14 DAYS TO RETURN THE ITEM. AFTER THESE 14 DAYS, WE MAY REFUSE YOUR RETURN!
6.3 If the consumer buyer has exercised the right of withdrawal as described in the previous paragraph, Biggymanskleding will issue a refund within 2 weeks.
6.4 If a consumer has ordered a cash-on-delivery shipment and refuses to accept it, the shipping costs, cash-on-delivery fees, and administrative fees will be charged separately.
6.5 If a quote or invoice is issued (this applies to all collections) and the customer subsequently cancels the order, a €10.00 administrative fee will always be charged.
6.6 In the event of an exchange or return of an order, the shipping costs are the responsibility of the buyer.
6.7 If orders are returned incorrectly (due to damage or other reasons), the buyer will always be held liable for this, and these costs will be recovered from the buyer.
6.8 Items that have been marked down are not eligible for a refund. Instead, the customer will receive a code that can be used to place another order; this code is valid for 2 years after the customer receives it via email.
6.9 An order may be exchanged free of charge only once; after the second exchange, the sender is responsible for the shipping costs.
7. Retention of Title
7.1 Upon full payment, the product becomes the property of the customer.
8. Warranty and Liability
8.1 Biggymanskleding warrants that the goods to be delivered meet the customary requirements and standards applicable to them and are free from any defects whatsoever.
8.2 The proof of purchase serves as evidence regarding the warranty.
8.3 Biggymanskleding is never obligated to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of Biggymanskleding. Biggymanskleding is never liable for consequential or business losses, indirect damages, or loss of revenue.
8.5 If, for any reason whatsoever, Biggymanskleding is required to compensate for any damages, such compensation shall never exceed an amount equal to the invoice value of the product or service that caused the damage.
8.6 Without prejudice to the provisions of this article, no warranty shall apply if wear and tear can be considered normal, or in the following cases:
– if changes have been made to the product, including repairs performed without the consent of Biggymanskleding or the manufacturer; – if the original invoice cannot be presented, has been altered, or has been rendered illegible;
– if defects result from use that is inconsistent with the product’s intended purpose or from improper use;
– if damage was caused by willful misconduct, gross negligence, or negligence.
8.8 The Buyer is obligated to indemnify Biggymanskleding against any claims that third parties may assert against Biggymanskleding in connection with the agreement, to the extent that the law does not preclude the relevant damages and costs from being borne by the Buyer.
The Buyer is required to return the product to Biggymanskleding to ensure proper assessment and processing of the warranty claim. If a complaint is deemed valid, Biggymanskleding undertakes to supply an equivalent product, unless otherwise agreed.
8.9 In addition to these warranty provisions, statutory warranty provisions remain in effect.
Any warranty arrangement offered by the company does not affect the rights that the consumer may assert against the company under the law and the distance contract.
Any warranty provided by the manufacturer or importer does not affect the rights that the consumer may assert against the company under the law, the distance contract, and the warranty provided by the company.
9. Force Majeure
9.1 In the event of force majeure, Biggymanskleding is not obligated to fulfill its obligations toward the Buyer; rather, the obligation is suspended for the duration of the force majeure.
9.2 Force majeure is defined as any circumstance beyond its control that wholly or partially prevents it from fulfilling its obligations toward the Buyer. Such circumstances include, among others, strikes, fire, operational disruptions, power outages, and failure of suppliers or other engaged third parties to deliver or to deliver on time. Force majeure also includes disruptions in a (telecommunications) network or connection or in the communication systems used, and/or the unavailability of the website at any time.
10. Intellectual Property.
10.1 The Buyer expressly acknowledges that all intellectual property rights in any information, communications, or other expressions displayed regarding the products and/or the website are held by Biggymanskleding, its suppliers, or other rights holders.
11. Personal Data.
11.1 Biggymanskleding will process the Buyer’s data exclusively in accordance with its privacy policy. In doing so, Biggymanskleding will comply with applicable privacy regulations and laws.
12. Governing Law and Jurisdiction.
12.1 All offers and agreements are governed exclusively by Dutch law.
13. Links
13.1 The Biggymanskleding website may contain third-party advertisements or links to other websites. Biggymanskleding has no control over the privacy policies of these third parties or their websites and is not responsible for them.
13.2 Privacy Policy.
Biggymanskleding respects the privacy of all users of its website and ensures that the personal information you provide to us is treated confidentially. We use your information to process orders as quickly and easily as possible. In all other cases, we will use this information only with your consent. Biggymanskleding will not sell your personal data to third parties and will only make it available to third parties involved in fulfilling your order.
Biggymanskleding uses the collected data to provide its customers with the following services:
* When you place an order, we need your name, email address, shipping address, and payment information to process your order and keep you informed of its progress.
* To make shopping at Biggymanskleding as pleasant as possible, we store your personal information—as well as details regarding your order and your use of our services—with your consent. This allows us to personalize the website.
*We use your email address to inform you about website updates and special offers and promotions. If you no longer wish to receive these communications, you can unsubscribe by sending us an email at info@biggymanskleding.nl
* Data regarding the use of our site and the feedback we receive from our visitors help us to further develop and improve our site.
* If you decide to write a review, you can choose whether to include your name or other personal information. We are interested in our visitors’ opinions, but reserve the right not to publish contributions that do not comply with our site terms and conditions.
* If you enter a promotion or contest, we will ask for your name, address, and email address. We use this information to conduct the promotion, announce the winner(s), and measure the response to our marketing campaigns.
Biggymanskleding does not sell your information
Biggymanskleding will not sell your personal information to third parties and will only make it available to third parties involved in processing your order. Our employees and third parties we engage are required to respect the confidentiality of your information.
Cookies
Cookies are small pieces of information stored on your computer by your browser. Biggymanskleding uses cookies to recognize you on your next visit. Cookies enable us to collect information about how our services are used, so we can improve them and tailor them to our visitors’ preferences. Our cookies contain personally identifiable information. You can configure your browser so that you do not receive cookies while shopping at Biggymanskleding.
If you have any questions about Biggymanskleding’s Privacy Policy, please contact us. Our customer service team will be happy to assist you if you need information about your data or if you wish to update it. Should any changes to our Privacy Policy be necessary, you will always find the most up-to-date information on this page.
14. Your Rights
14.1 You may always ask Biggymanskleding what personal data about you is being processed. To do so, please send an email. You may also email Biggymanskleding to request corrections, additions, or other changes, which Biggymanskleding will process as soon as possible. If you no longer wish to receive information, you can notify Biggymanskleding of this. Information will only be sent to you if you have provided your email address for that purpose.
Chamber of Commerce number: 70480265
VAT number: NL858336182B01