Terms and conditions

E-mail: shop@captainarmbandgroup.com Website: captainarmbandgroup.com

Article 1 – Definitions

Captain Armband Group: De Aanvoerdersband Specialist B.V., trading under the name Captain Armband Group, established in Zoetermeer, Chamber of Commerce (KvK) number 92647499.

Customer: the party with whom Captain Armband Group has entered into an agreement.

Parties: Captain Armband Group and the Customer together.

Consumer: a Customer who is also an individual and who is acting as a private person.

Article 2 – Applicability

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Captain Armband Group.

Captain Armband Group and the Customer may only deviate from these terms and conditions if this has been agreed in writing.

Captain Armband Group and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 – Offers and quotations

Offers and quotations from Captain Armband Group are without obligation, unless expressly stated otherwise therein.

An offer or quotation is valid for a maximum of 1 month, unless a different period is stated in the offer or quotation.

If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.

Offers and quotations do not apply to repeat orders, unless Captain Armband Group and the Customer agree otherwise in writing.

Article 4 – Acceptance

Upon acceptance of a quotation or offer made without obligation, Captain Armband Group may still withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Customer being able to derive any rights from this.

Verbal acceptance by the Customer only binds Captain Armband Group after the Customer has confirmed it in writing or electronically.

Article 5 – Prices

Captain Armband Group states its prices in euros, inclusive of VAT and exclusive of any other costs such as administration or shipping costs, unless agreed otherwise in writing.

Captain Armband Group may change the prices of its services and products on its website and in other communications at any time.

Increases in the cost prices of products or parts thereof which Captain Armband Group could not foresee at the time of making the offer or at the time the agreement was concluded may give rise to price increases.

The consumer has the right to cancel an agreement because of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

For delivery outside the European Union, prices apply without Dutch VAT.

Article 6 – Samples and models

If the Customer has received a sample or model of a product, the Customer cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered will correspond to the sample or model.

Article 7 – Payments and payment term

Upon conclusion of the agreement, Captain Armband Group may require a down payment of up to 50% of the agreed amount.

In the case of payment afterwards, the Customer must have paid within 1 month of delivery.

The payment terms applied by Captain Armband Group are strict (fatal) payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term at the latest, the Customer is automatically in default, without Captain Armband Group having to send the Customer a reminder or a notice of default.

Captain Armband Group may make a delivery conditional upon immediate payment or require security for the total amount of the services or products.

Article 8 – Consequences of late payment

If the Customer does not pay within the agreed term, Captain Armband Group may, from the day on which the Customer is in default, charge the statutory interest (article 6:119 of the Dutch Civil Code (Burgerlijk Wetboek)) and, in the case of a commercial transaction, the statutory commercial interest (article 6:119a of the Dutch Civil Code (Burgerlijk Wetboek)).

When the Customer is in default, the Customer must in addition pay extrajudicial collection costs and any damages to Captain Armband Group.

The collection costs are calculated on the basis of the Dutch Extrajudicial Collection Costs (Compensation) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).

If the Customer does not pay on time, Captain Armband Group may suspend its obligations until the Customer has paid.

In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Customer, the claims of Captain Armband Group against the Customer are immediately due and payable.

If the Customer refuses to cooperate in the performance of the agreement by Captain Armband Group, the Customer must still pay the agreed price.

Article 9 – Right to reclaim goods

When the Customer is in default, Captain Armband Group may invoke the right of reclamation (recht van reclame) with regard to the unpaid products delivered to the Customer.

Captain Armband Group exercises its right of reclamation by means of a written or electronic notice to the Customer.

As soon as the Customer has been notified that the right of reclamation has been invoked, the Customer must immediately return the products concerned to Captain Armband Group, unless agreed otherwise in writing.

The costs of collecting or returning the products are for the account of the Customer.

Article 10 – Right of withdrawal

A consumer may cancel an online purchase within 14 days without giving any reason. This right of withdrawal does not apply if:

the product has been used

it is a product that can spoil quickly, such as food or flowers

it is a product that has been specially made to measure or adapted for the consumer

it is a product that cannot be returned for reasons of hygiene, such as underwear or swimwear

the seal is no longer intact, in the case of data carriers with digital content, such as DVDs or CDs

the product or service concerns accommodation, travel, a restaurant business, transport, a catering assignment or a form of leisure activity

the product is a single magazine or a single newspaper

the consumer has waived their right of withdrawal

At Captain Armband Group the right of withdrawal applies only to standard armbands: armbands from the collection that the consumer ordered unchanged. All other armbands are custom work and fall under the exception for products specially made to measure or adapted for the consumer: an armband adapted in the designer (text, colours or elements), an own design, a name or number per armband, and club and match packages. Custom work can never be returned.

The cooling-off period of 14 days referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product. If an order consists of several products or shipments, the cooling-off period begins on the day after the last product has been received.

The consumer can exercise the right of withdrawal by notifying Captain Armband Group of this within the cooling-off period, by e-mail to shop@captainarmbandgroup.com or via the contact page at https://captainarmbandgroup.com/en/contact. The consumer may use the model withdrawal form for this purpose (https://captainarmbandgroup.com/en/p/herroepingsformulier) or any other unambiguous statement.

The consumer must return the product to Captain Armband Group within 14 days of giving notice of exercising the right of withdrawal, failing which the right of withdrawal will lapse.

Article 11 – Reimbursement of delivery costs

If the consumer withdraws from the entire order, Captain Armband Group also refunds the costs of the original delivery, up to no more than the costs of the cheapest standard delivery offered by Captain Armband Group.

Captain Armband Group pays all amounts that must be refunded as a result of the withdrawal within 14 days after the consumer has notified the withdrawal, using the same means of payment that the consumer used. Captain Armband Group may withhold the refund until it has received the product or until the consumer has shown that they have sent the product back, whichever is earlier.

Article 12 – Reimbursement of return costs

If the consumer exercises the right of withdrawal, they bear the direct costs of returning the product themselves.

If the product is damaged, defective or was delivered incorrectly due to an error on the part of Captain Armband Group, Captain Armband Group reimburses the costs of returning it.

Article 13 – Right of retention

Captain Armband Group may exercise its right of retention and in that case retain products of the Customer until the Customer has paid all outstanding invoices of Captain Armband Group, unless the Customer has provided sufficient security for those costs.

The right of retention also applies on the basis of previous agreements under which the Customer still owes money to Captain Armband Group.

Captain Armband Group is not liable for any damage the Customer suffers as a result of the exercise of its right of retention.

Article 14 – Set-off

Unless the Customer is a consumer, the Customer waives its right to set off a debt owed to Captain Armband Group against a claim on Captain Armband Group.

Article 15 – Retention of title

Captain Armband Group remains the owner of all delivered products until the Customer has paid all outstanding invoices of Captain Armband Group relating to an underlying agreement, including claims arising from a failure in performance.

Until the moment referred to in paragraph 1, Captain Armband Group may invoke its retention of title and take back the goods.

Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.

If Captain Armband Group invokes its retention of title, the agreement is thereby cancelled and Captain Armband Group may claim damages, lost profits and interest from the Customer.

Article 16 – Delivery

Delivery takes place while stocks last.

Delivery takes place at the premises of Captain Armband Group, unless agreed otherwise.

Delivery of products ordered online takes place at the address specified by the Customer.

If the Customer does not pay the agreed amounts, or does not pay them on time, Captain Armband Group may suspend its obligations until the Customer pays.

In the event of late payment, the Customer is in default as creditor (schuldeisersverzuim), as a result of which the Customer cannot hold a late delivery against Captain Armband Group.

Article 17 – Delivery period

The delivery periods of Captain Armband Group are indicative. If delivery takes place later, the Customer cannot derive any rights from this, unless agreed otherwise in writing.

The delivery period commences when the quotation signed by the Customer for approval has been confirmed by Captain Armband Group to the Customer in writing or electronically.

The Customer is not entitled to compensation and may not cancel the agreement if Captain Armband Group delivers later than agreed. The Customer may, however, cancel the agreement if this has been agreed in writing or if Captain Armband Group cannot deliver within 14 days after having been requested to do so in writing, or if the Customer and Captain Armband Group have agreed otherwise.

Article 18 – Actual delivery

The Customer must ensure that the actual delivery of the products it has ordered can take place on time.

Article 19 – Transport costs

The Customer pays the transport costs, unless the Customer and Captain Armband Group have agreed otherwise in writing. For delivery outside the European Union by FedEx, Captain Armband Group pays the import duties, import taxes and customs clearance charges in the country of destination; they are included in the shipping costs the Customer sees at checkout, and the Customer pays nothing on delivery. For delivery outside the European Union by PostNL (by post), import duties, taxes and customs clearance charges in the country of destination are for the account of the Customer.

Article 20 – Packaging and shipping

If the packaging of a delivered product has been opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, the Customer cannot hold Captain Armband Group liable for any damage.

If the Customer arranges the transport of a product itself, the Customer must report any visible damage to products or packaging to Captain Armband Group before transport. If the Customer fails to do so, the Customer cannot hold Captain Armband Group liable for any damage.

Article 21 – Storage

If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality lies entirely with the Customer.

Any additional costs resulting from premature or late acceptance of products are entirely for the account of the Customer.

Article 22 – Assembly and/or installation

Although Captain Armband Group endeavours to carry out all assembly and/or installation work as well as possible, it bears no responsibility whatsoever for this, except in the event of intent or deliberate recklessness.

Article 23 – Warranty

The warranty on products only applies to defects caused by faulty manufacture or construction or faulty material.

The warranty does not apply in the event of normal wear and tear, damage resulting from accidents, alterations to the product, negligence or improper use by the Customer, or if the cause of the defect cannot be clearly established.

The risk of loss, damage or theft of the products that are the subject of an agreement between the Parties passes to the Customer at the moment they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who receives the product on behalf of the Customer.

Article 24 – Indemnification

The Customer indemnifies Captain Armband Group against all claims by others relating to the products and/or services supplied by Captain Armband Group.

Article 25 – Complaints

The Customer must examine a product delivered or service provided by Captain Armband Group for any shortcomings as soon as possible.

If a delivered product or service provided does not meet what the Customer could reasonably expect, the Customer must inform Captain Armband Group of this within 1 month of discovering the shortcoming.

A consumer must inform Captain Armband Group of the shortcoming no later than 2 months after discovering it.

In doing so, the Customer gives as detailed a description of the shortcoming as possible, so that Captain Armband Group can respond appropriately.

The Customer must demonstrate that the complaint relates to an agreement between the Customer and Captain Armband Group.

If a complaint concerns ongoing work, the Customer cannot require Captain Armband Group to perform work other than that which has been agreed.

Article 26 – Notice of default

The Customer must give any notice of default to Captain Armband Group in writing.

The Customer is responsible for ensuring that its notice of default actually reaches Captain Armband Group in time.

Article 27 – Joint and several liability of the customer

If Captain Armband Group enters into an agreement with several Customers, each of them is jointly and severally liable for fulfilling the obligations under that agreement.

Article 28 – Liability of Captain Armband Group

Captain Armband Group is only liable for damage suffered by the Customer if that damage has been caused by intent or deliberate recklessness.

If Captain Armband Group is liable for damage, this only applies to direct damage related to the performance of an underlying agreement.

Captain Armband Group is not liable for indirect damage, such as consequential loss, lost profits or damage to third parties.

If Captain Armband Group is liable, this liability is limited to the amount paid out under a (professional) liability insurance policy taken out. If no insurance has been taken out or no damages are paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photographs, colours, drawings and descriptions on the website or in a catalogue are only indicative and cannot give rise to any compensation, dissolution or suspension.

Article 29 – Limitation period

Any right of the Customer to compensation from Captain Armband Group lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code (Burgerlijk Wetboek).

Article 30 – Dissolution

The Customer may cancel the agreement if Captain Armband Group imputably fails to perform its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution.

If performance of the obligations by Captain Armband Group is still possible, dissolution can only take place after Captain Armband Group is in default.

Captain Armband Group may cancel the agreement with the Customer if the Customer does not perform its obligations under the agreement in full or on time, or if Captain Armband Group has become aware of circumstances that give it good reason to believe that the Customer will not perform its obligations

Article 31 – Force majeure

In addition to the provisions of article 6:75 of the Dutch Civil Code (Burgerlijk Wetboek), a failure by Captain Armband Group in the performance of any obligation towards the Customer cannot be attributed to Captain Armband Group in any situation beyond the control of Captain Armband Group which prevents the performance of its obligations towards the Customer in whole or in part, or as a result of which the performance of its obligations cannot reasonably be required of Captain Armband Group.

The force majeure situation referred to in paragraph 1 also includes, among other things: a state of emergency such as a civil war or natural disaster. non-performance or force majeure of suppliers, delivery services or others. power, electricity, internet, computer or telecommunications failures. – computer viruses – strikes – government measures – transport problems – bad weather conditions – work stoppages.

If a force majeure situation arises as a result of which Captain Armband Group cannot fulfil 1 or more obligations towards the Customer, those obligations are suspended until Captain Armband Group is able to fulfil them.

From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Captain Armband Group may cancel the agreement in writing, in whole or in part.

In a force majeure situation, Captain Armband Group is not required to pay any compensation to the Customer, not even if Captain Armband Group derives a benefit from it.

Article 32 – Amendment of the agreement

If it is necessary for its performance to amend an agreement that has been concluded, the Customer and Captain Armband Group may adjust the agreement.

Article 33 – Amendment of the general terms and conditions

Captain Armband Group may amend these general terms and conditions.

Captain Armband Group may implement amendments of minor importance at any time.

Captain Armband Group will discuss major amendments with the Customer in advance as far as possible.

In the event of a major amendment to the general terms and conditions, a consumer may terminate the underlying agreement.

Article 34 – Transfer of rights

The Customer cannot transfer any rights under an agreement with Captain Armband Group to others without the written consent of Captain Armband Group.

This provision applies as a stipulation with effect under property law as referred to in article 3:83 paragraph 2 of the Dutch Civil Code (Burgerlijk Wetboek).

Article 35 – Consequences of nullity or voidability

If 1 or more provisions of these general terms and conditions prove to be null and void or voidable, this does not affect the other provisions of these terms and conditions.

In that case, a provision that is null and void or voidable will be replaced by a provision that comes closest to what Captain Armband Group had in mind on that point when drawing up the terms and conditions.

Article 36 – Applicable law and competent court

These general terms and conditions and every underlying agreement between the Customer and Captain Armband Group are governed by Dutch law.

The court in the district where Captain Armband Group has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Captain Armband Group, unless the law provides otherwise.

Drawn up on 26 February 2024.