Shipping policy

Applicability of delivery conditions

  1. These terms of delivery apply to all work, orders, agreements, and deliveries of services or products by or on behalf of Basketball Pillow™.

  2. The parties can only deviate from these terms of delivery if they have expressly agreed to this in writing.

  3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.

 

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, Basketball Pillow™ is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby a part of a month becomes a whole month. is counted.

  2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Basketball Pillow™. 

  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

  4. If the customer does not pay on time, Basketball Pillow™ may suspend its obligations until the customer has fulfilled its payment obligation. 

  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, the claims of Basketball Pillow™ against the customer are immediately due and payable. 

  6. If the customer refuses to cooperate with the execution of the agreement by Basketball Pillow™, he is still obliged to pay the full agreed price to Basketball Pillow™. 

 

Right of advertising 

  1. As soon as the customer is in default, Basketball Pillow™ is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  2. Basketball Pillow™ invokes the right of recovery by means of written or electronic communication.

  3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Basketball Pillow™ unless the parties make other agreements about this. 

  4. The costs of returning or returning the products are the responsibility of the customer.

 

Right of withdrawal 

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product specially tailored or modified for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a journey, transport ticket, catering assignment, or form of leisure activity
  • the product is not a loose magazine or newspaper
  • it does not concern an (order for) urgent repair
  • the consumer has not waived his right to withdrawal

 

The cooling-off period of 14 days as referred to in paragraph 1 commences:

  • on the day after the consumer has received the last product or part of 1 order

  • as soon as the consumer has received the first product  with a subscription

  • as soon as the consumer has purchased a service for the first time

  • as soon as the consumer has confirmed that he will purchase digital content via the internet

 

The consumer can make his appeal to the right of withdrawal known via contact@basketballpillow.com, if desired using the withdrawal form that can be downloaded from the website of Basketball Pillow™, www.basketballpillow.com.

The consumer is obliged to return the product to Basketball Pillow™ within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse. 

 

Reimbursement of delivery costs  

  1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Basketball Pillow™ in time, Basketball Pillow™ will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.  
  2. The costs for the delivery will only be borne by Basketball Pillow™ insofar as the entire order is returned. 

 

Reimbursement of return costs 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer. 


Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. Basketball Pillow™ can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Basketball Pillow™, unless the customer has provided sufficient security for those costs. 

  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Basketball Pillow™.

  3. Basketball Pillow™ is never liable for any damage that the customer may suffer as a result of using his right of retention.

 

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Basketball Pillow™ against a claim against Basketball Pillow™.


Retention of title 

  1. Basketball Pillow™ remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Basketball Pillow™, including claims for failure to comply with the agreement.

  2. Until that time, Basketball Pillow™ can at all times invoke its retention of title and take back the goods. 

  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products. 

  4. If Basketball Pillow™ invokes its retention of title, the agreement is deemed to have been dissolved and Basketball Pillow™ has the right to claim compensation, lost profit, and interest. 

 

Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Basketball Pillow™ unless the parties have agreed otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer. 

  4. If the agreed amounts are not paid or not paid on time, Basketball Pillow™ has the right to suspend its obligations until the agreed part has been paid. 

  5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Basketball Pillow™.

 

Delivery time 

  1. The delivery times stated by Basketball Pillow™ are indicative and do not entitle the customer to dissolution or compensation if they are exceeded unless the parties have expressly agreed otherwise in writing.

  2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Basketball Pillow™.

  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement if Basketball Pillow™ cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise. 

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.


Delivery and transfer of risk 

The risk of loss, damage, or depreciation of a purchased item passes to the customer at the moment when the item is brought into the customer's control.

 

Transportation costs 

Transport costs are for the account of the customer unless the parties have agreed otherwise.


Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Basketball Pillow™ cannot be held liable for possible damage.

  2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Basketball Pillow™ prior to transport, failing which Basketball Pillow™ cannot be held liable for any damage.


custody 

  1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

  2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

 

Guarantee

  1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction, or material. 
  2. The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. 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 when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. a third party who receives the product on behalf of the customer.

 

Exchange 

Exchanging purchased items is only possible if the following conditions are met:

  • the exchange takes place within 14 days after purchase on presentation of the original invoice

  • the product is returned in its original packaging or with the original (price) tags still attached

  • the product has not yet been used

 

Discounted items, non-perishable items such as food, custom-made items, or items specially adapted for the customer cannot be exchanged.


Disclaimer

The customer indemnifies Basketball Pillow™ against all third-party claims related to the products and/or services supplied by Basketball Pillow™.


Complaints

  1. The customer must examine a product or service provided by Basketball Pillow™ as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Basketball Pillow™ of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

  3. Consumers must inform Basketball Pillow™ of this within 2 months of discovering the shortcomings.

  4. The customer provides a description of the shortcoming that is as detailed as possible so that Basketball Pillow™ is able to respond adequately. 

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this can in any case not lead to Basketball Pillow™ being obliged to perform other work than has been agreed.

 

Notice of Default

  1. The customer must notify Basketball Pillow™ of any notice of default in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches Basketball Pillow™ (in time). 

 

Joint and several liability customers

If Basketball Pillow™ enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Basketball Pillow™ under that agreement. 


Liability Basketball Pillow™

  1. Basketball Pillow™ is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

  2. If Basketball Pillow™ is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

  3. Basketball Pillow™ is never liable for indirect damage, such as consequential damage, lost profit, missed savings, or damage to third parties.

  4. If Basketball Pillow™ is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.

  5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

Any right of the customer to compensation from Basketball Pillow™ expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement if Basketball Pillow™ imputably fails in the fulfillment of his obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 

  2. If the fulfillment of the obligations by Basketball Pillow™ is not permanently or temporarily impossible, dissolution can only take place after Basketball Pillow™ is in default. 

  3. Basketball Pillow™ has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Basketball Pillow™ has become aware of circumstances that give it good grounds to fear that the customer will obligations will not be properly fulfilled. 

 

Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Basketball Pillow™ in the fulfillment of any obligation towards the customer cannot be attributed to Basketball Pillow™ in a situation independent of the will of Basketball Pillow™, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Basketball Pillow™. 

  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work interruptions. 

  3. If a force majeure situation arises as a result of which Basketball Pillow™ cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Basketball Pillow™ can meet them again. 

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 

  5. Basketball Pillow™ does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

 

Change of the agreement 

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.


Change of delivery conditions

  1. Basketball Pillow™ is entitled to change or supplement these terms of delivery. 

  2. Changes of minor importance can be made at any time. 

  3. Major substantive changes will be discussed by Basketball Pillow™ with the customer in advance as much as possible.

  4. A consumer is entitled to terminate the agreement in the event of a substantial change to the terms of delivery. 

 

Transfer of rights

  1. The rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Basketball Pillow™.

  2. This provision applies as a clause with effect under property law as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

 

Consequences of nullity or voidability

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

  2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Basketball Pillow™ had in mind when drawing up the terms and conditions on that point.

 

Applicable law and competent court

  1. These terms and conditions of delivery and any agreement between the parties are exclusively governed by Dutch law. 

  2. The Dutch court in the district where Basketball Pillow™ is located has exclusive jurisdiction to take cognizance of any disputes between the parties unless the law prescribes otherwise.