TERMS AND CONIDITIONS: PRIVATE PERSONS AND INTERNETCUSTOMERS
Pluto Sport Europe B.V.
Article 1. General
Pluto Sport Europe B.V., hereafter referred to as Plutosport, is engaged in and handles orders concerning the distribution of clothing, shoes and accessories in the field of sport and leisure, in the broadest sense.
Plutosport is a trademark of Plutosport. Plutosport handles orders and deliveries of the here above named commodities and services solely to the private market. Where the name Plutosport is mentioned, Plutosport may be read unless expressively stated otherwise.
Article 2. Definitions
Buyer/consumer: every person who has contact with Plutosport concerning the (possible) realization of an agreement.
Agreement: every agreement made between Plutosport and Buyer, every alteration or addition to this agreement, as well as all acts concerning the preparations and execution of this Agreement
Order: every request of Buyer to Plutosport
Message: all methods of communication of Plutosport to Buyer, including – but not restricted to – brochures, adds, catalogues, quotes, order-confirmations, price-lists, invoices, EDI, e-mail, fax on demand, message board, faxes and letters.
Force Majeure: every circumstance where Plutosport, due to forces beyond their control, is unable to carry out their commitments to the Buyer, partially or as a whole, or when the carrying out of a commitment can not in all reason be expected of Plutosport, regardless whether or not the circumstance was foreseeable during the time the Agreement was made. Among possible circumstances the following situations are considered but not limited to: strikes and closing, stagnation or other problems with production at Plutosport or any of their suppliers and/or transport by third parties and/or any measures takes by authority, communication interference, as well the absence of necessary licenses by the government.
Article 3. Application of these terms
These terms are a part of every Agreement and apply to all the elements of that Agreement between Buyer and Plutosport.
The application of any general specific term by the Buyer is discarded by Plutosport.
Article 4. Offers, Realization of Agreement and publication and indication of Products.
An offer does not obligate Plutosport in any way and is only an invitation for the Buyer to place an Order unless specifically stated otherwise.
Special offers stand for as long as Plutosport has the product in store or are valid till the end of the term advertised. The duration of a special offer is specifically mentioned in the brochure and/or on the internet website. When a special offer is listed on the website, it will no longer be possible to use the order-button when the offer is no longer valid.
An Agreement is only valid if and when Plutosport accepts an Order by accepting it in writing or when the Order is processed by Plutosport.
All notifications by Plutosport with regard to numbers, specifications and/or other indications are made with the utmost precision. However, Plutosport can not guarantee that no errors will ever take place.
Plutosport obtains the right to not accept an Order or assignment without specification.
Article 5. Deviations and Additions
Deviations and additions on any term of the Agreement and/or Conditions are only valid when written by Plutosport and only apply to that specific Agreement.
Article 6. Delivery terms
Unless otherwise agreed or stated, Plutosport carries out accepted Orders within a time-span of 30 days. In the event that the Order can not be completed within this time-limit, the Buyer will receive written notice within 30 days of having placed the Order at Plutosport. If this occurs, the Buyer has the right to cancel the Order free of charge and will be reimbursed in the event that the Order was paid for in advance.
The time period of delivery as stated by Plutosport is based on the circumstances at the time of the offer, and is depended on the performances of the suppliers of Plutosport and the data suppliers have specified to Plutosport.
In the event that Plutosport needs specific details and/or additional means in Order to carry out (part of) the Agreement, the term of delivery (30 days) will come into place as soon as those details are provided by the Buyer.
The terms of delivery will never be considered as solid, unless specifically stated otherwise. If Plutosport does not deliver the Order within the time-limit, Plutosport retains the right to carry out the Order within a reasonable time-limit after receiving written complaint.
In the event the Buyer rejects or refuses to accept the Order or when the Buyer notifies Plutosport that he or she no longer wishes to purchase the Order placed at Plutosport, the Buyer is obligated to pay the agreed costs and any other costs Plutosport has made in the process.
When the delivery term is exceeded, the Buyer is not entitled to any form of reimbursement.
Plutosport retains the right to deliver goods in more then one delivery.
Article 7. Delivery and Risk
Unless agreed otherwise, Plutosport decides the method of delivery.
The Buyer is responsible for the delivery from the moment the Order is delivered to the address as allocated by the Buyer.
The Buyer is obliged to accept the Order when delivered. In the event it is not possible to make a delivery at the address stated, the Order will be stored at the expense and risk of the Buyer. Selekt Vracht will notify the Buyer of the time and place of storage and the Buyer will collect the Order as soon as possible, though not later then 7 days after notification. In the event the Buyer does not comply with the here-fore stated conditions, the Order will be returned to Plutosport who then is within rights to sell the items to a third party. The Buyer is still obliged to pay the costs of the Order and the delivery- and return-costs.
Article 8. Warranty Returning Delivered Products
The consumer, solely when buying online, reserves the right to return non-used products, without specifying
the reason, within 7 days (try-out period) after receiving the product. The consumer has to notify Plutosport before returning the product. Plutosport will refund the consumer within 30 days after receiving the returned product when the following conditions apply:
No alterations may be made to the product and the returned product must be completely undamaged; all documentation and package-materials need to be returned alongside the product in their original state.
The costs of returning the product are at the expense of the consumer; in the event that the delivered product is not in compliance with the original order (for instance wrong size or manufacturing fault), the costs for returning the item is at the expense of Plutosport
This return policy applies to all other matters as a resolute condition and not as buy-back scheme.
Article 9. Negligence /Rescission
In the event the consumer does not meet his/her terms of the Agreement, the consumer will be held negligent and Plutosport reserves the following rights: to suspend the execution of the Agreement and all terms that are related to that Agreement until payment is received or to dissolve the Agreement in part or altogether.
In the event of a (request of) (temporary) suspension of payment, (petition of) bankruptcy, discontinuation or dissolvement by consumer, all Agreements with the consumer will be legally dissolved unless Plutosport requests that the consumer fulfils (part) of the Agreements made. Plutosport retains the right to suspend carrying out terms of the Agreement until the consumer has sufficiently fulfilled his/her terms.
The statements in article 9.1 and 9.2 do not diminish the rights Plutosport retains based on the Agreement and the Law.
Article 10. Warranties
When Plutosport delivers products to the consumer, products that are obtained by Plutosport through the use of a supplier, or when Plutosport has used the services of a third party, Plutosport never services a different or exceeding warranty to the consumer then the warranties the supplier services to Plutosport.
Reclamations on the bases of apparent flaws need to be, conform the terms, though within 7 days after receiving the product, be revealed by means of written notification to Plutosport. Reclamations received by Plutosport after the term of 7 days has expired, will not be taken into consideration and/or processed by Plutosport.
Products subjected to normal wear and tear are not covered by the warranty.
Plutosport vows that the products and/or services are conform the Agreement and/or the stated specifications and/or conform the reasonable demands of condition and/or usefulness and conform (on the date the Agreement became valid) the statutory regulations and/or government regulations.
Plutosport strives to uphold the best quality in the information and relevant content stated on all forms of communication and the links where Plutosport serves as a portal. However, Plutosport can not be held responsible for any information or content on the website or links where Plutosport serves as a portal.
During the duration of the warranty the supplier of Plutosport can uphold the terms of the warranty or Plutosport can decide to uphold the terms of the warranty themselves.
Article 11. Ownership Conditions
All products remain the property of Plutosport, notwithstanding the actual delivery, until the consumer has fulfilled the conditions of payment, as stated in the Agreement between Plutosport and the consumer, completely. Rights are continuously given to the consumer or, as in the previous statement, transferred under the pretext that the consumer fulfils the Agreement by making full payments within the agreed time-period.
In the event and for as long as Plutosport is considered the legal owner of a product, Plutosport will notify the consumer if/when products will be repossessed or if/when Plutosport makes a claim in any other way on (part of) products. Also, the consumer is obligated to inform Plutosport where products are being kept if/when Plutosport makes a claim on the products.
In the event of a repossession, (temporary) suspension of payment or bankruptcy, the consumer will immediately notify the bailiff, administrator or curator of the (ownership)rights of Plutosport. The consumer is responsible that the Plutosport products will not be repossessed.
Article 12. Prices
Unless expressed otherwise, all prices as listed in all forms of communications, such as catalogues, price-lists and invoices of Plutosport are in Euros and include VAT/sales tax. Unless specifically stated otherwise, the costs for packaging and delivery, as stated in the communication, are at the expense of the consumer, and also other costs in the form of taxes and/or charges involving the product and/or transportation are at the expense are of the consumer.
Prices are based on the, for Plutosport valid circumstances, when the Agreement is made, such as exchange rates, transportation costs and dealer prices. In the event one of these circumstances change after validation of the Agreement but before delivery, Plutosport retains the right to charge the consumer any additional costs.
Discounts are to be regarded as a one-time deal. Previously given discounts are not binding for Plutosport at any other date or agreement.
Article 13. Payment
The consumer will make the required payment using the services of Ogone Payment Services, or by transfer.
All costs as prescribed by Plutosport are to be paid in full, without any discount or deduction. The consumer is not at liberty to make any type of settlement or alterations. The consumer is not at liberty to suspense or postpone any payment to Plutosport.
Article 14. Liability and Indemnification
Plutosport is not liable for any damage to a product other then the terms stated in the warranty.
Plutosport can not be held liable by the consumer or any third party, not legally or as part of an Agreement, for any damage as a result of (the use of) a product
Article 15. Force Majeure
In the event Plutosport can not fulfil their agreement as a result of circumstances beyond their control, the fulfilments of the made agreements will be postponed for the duration of these circumstances.
If the circumstances beyond the control of Plutosport exceed the duration of 1 month, both parties reserve the right to disband part or complete agreements made, this notification needs to be corresponded in writing.
In the event of circumstances beyond the control of Plutosport, the consumer is not entitled to any form of reimbursement, even if Plutosport gains any type of advantage as a result of these circumstances.
Plutosport will notify the consumer as soon as possible in the event of (threatening) circumstances beyond their control.
Article 16. Responsibilities Consumer
The consumer shall provide Plutosport with all necessary details in order for Plutosport to carry out the Agreement. It is the consumers responsibility to provide these details in time and is completely responsible for the accuracy of these details.
Article 17. Cancellation Costs
When payment is made for the order at Plutosport, it is no longer possible to cancel the order other then to follow the Plutosport's return-policy.
Article 18. Applied law, licensed judge
Any differences as a result of these Terms and Conditions, and also the Agreement, only Dutch Law is applied. All differences that cannot be resolved with the application of Dutch Law, will be presented to a licensed Dutch court.