Terms and Conditions

General terms and conditions for consumers

GENERAL TERMS AND CONDITIONS WEBSHOPS OF KOGROS RETAIL B.V.

(including www.voetbalstraat.nl,www.hts74.com and www.clubgear.eu)

 

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Click here  to view the general terms and conditions for business customers

 

 

Article 1 Definitions

 

Kogros Kogros Retail B.V., being the legal entity offering products and/or services to consumers at a distance

 

Consument the natural person who does not act in the exercise of a profession or business and enters into agreements with Kogros in that capacity 

 

Distance agreement an agreement under which, within the framework of a system organised by Kogros for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communicationen

 

Contemplation period the period within which the consumer can exercise his right of withdrawal

 

 

Right of withdrawal the possibility for the consumer to withdraw from the distance contract within the withdrawal period

 

 

Day calendar day

 

 

Article 2 Applicability 

2.1 These general conditions apply to all offers, orders and any distance contract concluded between Kogros and consumers, and cover all sales transactions to our customers via the websites www.voetbalstraat.nl, www.hts74.com and www.clubgear.eu.

2.2 These general terms and conditions expressly do not apply to agreements concluded by Kogros with other entrepreneurs, acting as buyers in the capacity of professional contracting parties. 

2.3 Before the distance contract is concluded, these general terms and conditions are made available to the consumer electronically, via our website. Accepting an offer or placing an order implies that the applicability of these general terms and conditions have been accepted.

2.4 Kogros reserves the right to change the general terms and conditions at any time, provided the changes are published on the websites. The general conditions can also be consulted and downloaded permanently on the Internet. The version of the general terms and conditions that applied at the time the agreement was concluded shall always apply, unless the consumer has accepted the validity of a revised version of general terms and conditions after the conclusion of the agreement.

2.5 The Dutch text of these terms and conditions shall always be decisive and shall prevail over all translations thereof in case of conflict.

 

 

 

Article 3 Offers 

3.1 All offers made by Kogros are without obligation. Furthermore, all offers are revocable, whether or not they include a deadline for acceptance. Offers are made subject to the availability of Products (while stocks last).

3.2 Samples and models shown or provided shall only serve as an indication, without the Products having to correspond to them. Minor deviations in respect of stated sizes, numbers, colours and the like shall not count as shortcomings.

3.3 If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

3.4 An offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. Obvious mistakes or errors in the offer shall not bind Kogros.

3.5 Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer in question. This concerns in particular:

- the price including VAT;

- the possible delivery costs, which are displayed at the end of an order;

- the way in which the agreement will be concluded and which actions are necessary for this;

- whether or not the right of withdrawal is applicable;

- the method of payment, delivery or performance of the agreement;

- the period for accepting the offer, or the period for adhering to the price;

- the way in which the consumer can become aware of acts not wanted by him before the conclusion of the agreement, as well as the way in which he can rectify these acts before the agreement is concluded;

- if the agreement is filed after conclusion, in what way it can be consulted by the consumer.

 

Article 4 Agreements

4.1 An agreement is concluded after the consumer accepts the offer and fulfils the conditions set out therein and after Kogros confirms the order electronically. As long as the order has not been confirmed by Kogros, the consumer may dissolve the agreement. 

4.2 Kogros will ensure appropriate technical and organisational measures to protect the electronic transfer of data and a secure web environment, as well as appropriate security measures for electronic payments.

4.3 Kogros is entitled to dissolve the agreement if it has good grounds to believe that the consumer will not (be able to) fulfil his obligation. If an order is not accepted or further conditions are attached to it, Kogros shall give reasons for this within 10 days of receiving the order.

4.4 Kogros shall send the following information with the product or service to the consumer, in writing or electronically:

- the visiting address of the branch of Kogros where the consumer can lodge complaints;

- the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;

- the information on existing after-sales services and guarantees;

- the information included in article 3 paragraph 5 of these general terms and conditions, unless Kogros has already provided this information to the consumer before the execution of the agreement.

4.5 If Kogros has undertaken to deliver a series of products or services, the provisions of Article 4(4) shall only apply to the first delivery.

 

Article 5 Delivery 

5.1 All items in the online shop are available from stock. If an item is unexpectedly out of stock, Kogros will inform the consumer as soon as possible.

5.2 Kogros aims to dispatch all orders within 5 working days after receipt of payment at the latest. The place of delivery is the address that the consumer has given with the order.

5.3 Subject to what is stated in article 3 of these general terms and conditions, accepted orders will be delivered to the consumer within 30 days at the latest. If it is not possible to deliver an order within 30 days, the consumer shall be informed of this in good time and the consumer shall be entitled to cancel the order free of charge. In that case, Kogros will provide a refund. This does not apply if the parties have agreed on a different delivery period.

5.4 Exceeding the said delivery period shall not entitle the consumer to compensation, dissolution of the agreement or non-fulfilment of any obligation which may arise for him under this or any other related agreement.

5.5 Delivery in parts is allowed.

5.6 Kogros' obligation to deliver shall be fulfilled as soon as the delivery is offered.

5.7 In the event of refusal or failure to collect the offered delivery, return freight and storage costs, as well as the risk of damage or loss of the consignment, shall be entirely at the expense of the consumer.

5.8 Offered products will be clearly and truthfully depicted and/or described and as complete as reasonableness requires.

5.9 Kogros is never responsible for consequential damage.

5.10 Different conditions may apply to deliveries abroad.

 

Article 6 Prices

6.1 All prices stated for the products offered are expressed in euros, including VAT. Shipping costs are not included in the listed prices. The shipping costs, and any other government levies or taxes, will be added to the order after the personal details are entered during the completion of the order. Before the conclusion of the distance contract, the total price will be stated via the Kogros website.

6.2 Kogros is entitled to change the prices it charges. If the price is increased, the Consumer shall be entitled, without being obliged to pay any compensation, to dissolve the Agreement, unless it has been agreed that delivery of the Products shall take place later than three (3) months after the conclusion of the Agreement.

 

Article 7 Right of withdrawal, rescission and complaints

7.1 When purchasing products, the consumer has the option to dissolve the Agreement without giving reasons for 14 days after receiving the Products. 

7.2 The following items are expressly excluded from the right of withdrawal:

- products that are custom ordered or made to order for the consumer;

- individualised products provided with their own logo, text or design;

- products that cannot be exchanged for hygienic reasons.

7.3 The consumer must handle the Products and packaging carefully during the withdrawal period, whereby the consumer will only unpack or use the Products to the extent necessary to establish the nature, characteristics and functioning of the Products and to assess whether he wishes to keep the product. If the Consumer exercises his right of withdrawal, he shall return the Product to the Entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Kogros. The Consumer shall be liable for loss of value of the Products due to use of the Product beyond what is permitted.

7.4 If the consumer makes use of his right of withdrawal, at most the costs of return will be at his expense. After receipt of the returned Products by Kogros, amounts already paid by the consumer will be refunded as soon as possible, but at the latest within 30 days after the return, provided that the returned Products are in good condition.

7.5 The Consumer shall be obliged to carefully inspect the Products upon delivery. Any defects should be reported to Kogros as soon as possible, but no later than 8 days after discovery of the defect. 

7.6 In the event of a complaint in accordance with clause 7.5, the costs of returning the Products shall be borne by The Consumer. If a complaint has been made in time and in accordance with these terms and conditions, and it has been sufficiently demonstrated in Kogros' reasonable opinion that the Products are not suitable for the use for which they are intended, Kogros shall have the choice of either delivering the missing Products in such a way that the Products are still suitable for the intended use, or supplying new Products free of charge or granting a discount on the price. By fulfilling one of the above-mentioned performances, Kogros shall have fully discharged its warranty obligation and shall not be liable for any further compensation. Replaced Products shall become the property of Kogros.

7.7 Any legal claim under this article shall in any event lapse one (1) year after receipt of the delivered Products.

 

Article 8 Compliance and warranty  

8.1 Kogros guarantees that the products and/or services will comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement.

8.2 An arrangement offered as a guarantee by Kogros, manufacturer or importer shall not affect the rights and claims which the consumer may assert against Kogros entrepreneur on the basis of the law and/or the long distance contract with regard to a failure in the fulfilment of Kogros' obligations.

 

Article 9 Force majeure (Non-attributable non-performance)

9.1 In the event that Kogros is prevented by force majeure from executing the Agreement, or execution is made more costly by force majeure, Kogros shall be entitled to suspend the Agreement for the duration of the force majeure situation, or to dissolve it in whole or in part, without Kogros being liable to pay any compensation.

9.2 Force majeure shall mean any circumstance, whether foreseen or unforeseen, as a result of which fulfilment of the Agreement can no longer reasonably be required by the Consumer. Such a circumstance shall in any case include strike, excessive absenteeism of personnel, disruptions in production, transport difficulties, fire and other business disturbances, energy disruptions, import, export and transit bans, non-timely or faulty delivery by Kogros' suppliers and other events beyond Kogros' control, such as flood, storm, natural and/or nuclear disaster, war and/or threat of war, as well as changing legislation i.e. government measures,  including the absence of any government permit. Force majeure shall also include breakdowns in a (telecommunications) network and/or used communication systems i.e. unavailability of the internet site at any time. In addition, Kogros shall always be able to invoke force majeure in the event of unsuitability of goods and/or persons whose services are used in the performance of the Agreement.

 

Article 10 Payments

10.1 Payment must be made within the periods and in one of the ways indicated on   the Kogros internet site.

10.2 If payment by credit card is chosen, the conditions of the relevant card issuer shall apply. Kogros is not a party to the legal relationship between the consumer and card issuer.

10.3 When using certain forms of payment, Kogros is entitled to set further conditions regarding minimum and maximum spending and costs to be charged in this respect. These conditions will be made known on the Kogros internet site.

10.4 The Consumer has the duty to report inaccuracies in payment details supplied or stated immediately to Kogros.

10.5 In the event of non-payment by the consumer, Kogros shall, subject to legal restrictions, be entitled to charge the reasonable costs made known in advance to the consumer.

10.6 All goods delivered shall remain the inalienable property of Kogros until payment has been made in full by the consumer.

10.7 Notwithstanding the provisions of Article 7.5, complaints concerning invoicing can only be made within the payment period. Complaints must be submitted in writing. Complaints shall not suspend the payment obligation of the Consumer.

 

Article 11 Retention of title 

Ownership of the delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer. 

 

Article 12 Intellectual property rights 

12.1 All rights of intellectual property concerning information, announcements or other expressions concerning the Products and/or concerning the internet site are and will remain with Kogros, its suppliers and other right holders. No transfer of intellectual property rights comes about with the Agreement.

12.2 If the Consumer supplies its own design or texts for the individualisation of a product, the Consumer guarantees that the texts and visual materials supplied (images, logos, illustrations) do not infringe the copyright or any other right of a third party, or that the Consumer is fully entitled and authorised to use the relevant intellectual property of third parties. Any infringements of copyrights, trademarks, trade names or other intellectual property rights shall in that case be fully borne by the consumer.

12.3 The consumer indemnifies Kogros against all claims and demands by third parties based on infringement of intellectual property rights. The consumer shall be liable for any loss suffered by Kogros arising from legally valid claims by third parties in this respect and shall reimburse Kogros for all costs arising therefrom.

12.4 Submitted texts and visual materials may not be obscene, derogatory, discriminatory or unlawful and may not violate the privacy of another person.

12.5 Kogros reserves the right at all times to refuse submitted designs.

 

Article 13 Personal details 

Kogros will only process consumer data in accordance with the privacy statement as included on its internet sites.

 

Article 14 Applicable law and competent court 

All agreements and these terms and conditions shall be governed exclusively by Dutch law. Applicability of the Vienna Sales Convention 1980 (CISG) is excluded. All disputes arising with Kogros shall be submitted for settlement to the competent court.

 

Article 15 Conversion 

If and in so far as any provision in these general terms and conditions cannot be invoked, that provision shall be accorded a corresponding meaning in terms of content and scope as far as possible, so that it can be invoked.

 

Article 16 Details of Kogros 

Kogros Retail B.V. has its registered office in Numansdorp and is registered with the Chamber of Commerce under number 66242916. Its VAT identification number is NL856459203B01. The correspondence address in respect of Agreements and general terms and conditions and the visiting address is Industriestraat 29a, 3281 LB Numansdorp. 

Further contact details:

• Telephone number +31 (0)186 65 86 84 / +31 (0)186 65 86 86

• E-mail info@voetbalstraat.nl/info@hts74.shop/info@clubgear.eu

 

 

february, 2024