PCKLBALL.SHOP terms & conditions

Article 1 – Definitions

 

In these Terms and Conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal.

• Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.

• Day: calendar day.

• Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or consumption of which is spread over time.

• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

• Right of withdrawal: the consumer’s ability to cancel a distance contract within the cooling-off period.

• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.

• Distance contract: a contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, in which up to and including the conclusion of the contract, only one or more means of distance communication are used.

• Means of distance communication: a means that can be used for the conclusion of a contract without the consumer and entrepreneur being simultaneously present in the same location.

• Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

R&J Pickleball
Koningsweg 212, 3582 GL, Utrecht, Netherlands
Email: info@pcklball.shop
Chamber of Commerce number: 93888538
VAT identification number: NL866652217B01

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before a distance contract is concluded, the consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, the consumer will be informed that the Terms and Conditions can be inspected at the entrepreneur’s office and will be sent free of charge upon request.

If the distance contract is concluded electronically, the Terms and Conditions may be made available electronically in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where they can access the Terms and Conditions electronically and that they will be sent free of charge upon request.

If specific product or service terms also apply in addition to these Terms and Conditions, the above provisions shall apply accordingly, and the consumer may always invoke the provision most favorable to them in case of conflict.

If any provision in these Terms and Conditions is wholly or partially void or annulled, the remainder of the agreement and these Terms and Conditions remain in force. The void or annulled provision will be replaced by a provision that reflects the original intent as closely as possible.

Situations not covered by these Terms and Conditions should be assessed in the spirit of these Terms and Conditions.

Ambiguities regarding the interpretation or content of any provision of these Terms and Conditions should be interpreted in the spirit of these Terms and Conditions.

 

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is without obligation. The entrepreneur reserves the right to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they provide a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and do not give rise to compensation or dissolution of the contract.

Product images represent the products truthfully. The entrepreneur cannot guarantee that the colors displayed exactly match the actual product colors.

Each offer provides sufficient information to make it clear to the consumer what rights and obligations are connected to accepting the offer, in particular:

• the price, including taxes;

• any shipping costs;

• how the contract will be concluded and what actions are required;

• whether the right of withdrawal applies;

• the method of payment, delivery, and execution of the contract;

• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;

• the cost of using distance communication, if calculated differently than the standard rate;

• whether the contract will be archived after conclusion and, if so, how the consumer can access it;

• how the consumer can review and, if necessary, correct the data provided before concluding the contract;

• any other languages in which the contract can be concluded, in addition to Dutch;

• the codes of conduct to which the entrepreneur has committed and how the consumer can access them electronically;

• the minimum duration of the contract in case of a duration transaction.

Optional: available sizes, colors, and materials.

 

Article 5 – The Contract

The contract is concluded, subject to Article 4 paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until receipt is confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure secure data transmission and a safe web environment. For electronic payments, suitable security measures will be applied.

The entrepreneur may, within legal limits, verify the consumer’s ability to fulfill payment obligations and any other factors relevant to responsibly entering the contract. If there are reasonable grounds to refuse the contract, the entrepreneur may refuse an order or impose special conditions.

The entrepreneur will provide the consumer with the following information along with the product or service, in writing or in a manner that can be stored on a durable data carrier:

• the business address where complaints can be submitted;

• the conditions and procedures for exercising the right of withdrawal, or notice of any exclusion;

• information on warranties and after-sales service;

• the information listed in Article 4 paragraph 3, unless already provided prior to contract execution;

• requirements for terminating the contract if it is longer than one year or indefinite.

For duration transactions, this requirement applies only to the first delivery.

All contracts are concluded under the suspensive condition of product availability.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer may cancel the contract within 14 days without giving reasons. This period starts the day after the consumer or an authorized representative receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If exercising the right of withdrawal, the product must be returned with all accessories, and, if reasonably possible, in its original state and packaging, following the entrepreneur’s reasonable instructions.

The consumer must notify the entrepreneur in writing or by email within 14 days of receiving the product if they wish to exercise the right of withdrawal. After notification, the product must be returned within 14 days. Proof of timely return (e.g., a shipping receipt) must be provided.

If the consumer fails to notify or return the product within the periods above, the sale is final.

 

Article 7 – Costs of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product are borne by the consumer.

If payment has been made, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.

 

Article 8 – Exclusion of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3, provided this is clearly stated in the offer before the contract is concluded.

Exclusions apply to products that:

• are made to consumer specifications;

• are clearly personal in nature;

• cannot be returned due to their nature;

• may deteriorate or expire quickly;

• have a price subject to market fluctuations outside the entrepreneur’s control;

• consist of loose newspapers or magazines;

• include audio, video, or software whose seal has been broken;

• include hygienic products whose seal has been broken.

Exclusion applies to services that:

• concern accommodation, transport, catering, or leisure services on a specific date or period;

• start with the consumer’s explicit consent before the cooling-off period expires;

• concern betting or lotteries.

Article 9 – Price

Prices in the offer remain unchanged during the stated validity period, except for changes due to VAT adjustments.

Products or services subject to financial market fluctuations may be offered at variable prices, clearly indicated in the offer.

Price increases within 3 months of contract conclusion are only allowed if required by law.
Price increases after 3 months are allowed only if agreed upon, provided the consumer can terminate the contract from the day the increase takes effect.

All prices include VAT and are subject to typographical errors. No liability is accepted for such errors.

 

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products/services meet the contract, offer specifications, reasonable requirements of quality and usability, and applicable laws/regulations at contract conclusion.

Any warranty provided does not affect the consumer’s statutory rights.

Defects or incorrect deliveries must be reported within 14 days. Products must be returned in original packaging and condition.

The entrepreneur’s warranty matches the manufacturer’s warranty but does not cover suitability for individual consumer use or advice.

Warranty does not apply if:

• the consumer repaired or altered the product;

• the product was exposed to abnormal conditions or misused;

• defects result from governmental regulations.

Article 11 – Delivery and Execution

The entrepreneur exercises due care in processing and delivering orders.

Delivery occurs at the address provided by the consumer.

Orders are executed promptly, at the latest within 30 days, unless otherwise agreed. If delivery is delayed or only partial, the consumer will be notified within 30 days and may cancel the order free of charge.

If delivery is impossible, the entrepreneur will attempt to provide a replacement. Replacement products do not exclude the right of withdrawal. Return costs are borne by the entrepreneur.

Risk of damage or loss remains with the entrepreneur until delivery.

Article 12 – Duration Transactions: Term, Termination, and Renewal

Termination:
Consumers can terminate indefinite contracts for recurring product or service delivery at any time with up to one month’s notice. Fixed-term contracts can be terminated at the end of the period with one month’s notice.

Renewal:
Fixed-term contracts cannot be silently extended, except for subscriptions to newspapers or magazines (max 3 months), which may be extended unless terminated by the consumer. Trial subscriptions end automatically.

Contracts over one year can be terminated after one year with one month’s notice, unless unreasonable.

Article 13 – Payment

Amounts due must be paid within 7 days after the cooling-off period starts, unless otherwise agreed.

Consumers must immediately report incorrect payment details.

In case of non-payment, the entrepreneur may charge reasonable costs, unless legally restricted.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days of noticing defects.

The entrepreneur will respond within 14 days or acknowledge receipt and indicate a timeline for a detailed response.

Complaints do not suspend the entrepreneur’s obligations unless stated in writing.

If a complaint is justified, the entrepreneur will replace or repair the products free of charge.

Article 15 – Disputes

Dutch law applies to contracts between the entrepreneur and the consumer, including consumers residing abroad.

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