Terms of Service

GENERAL TERMS AND CONDITIONS myWintersport 

E-MAIL: support@mywintersport.com

WEBSITE: https://mywintersport.com

Definitions

1.  myWintersport: MG Internet Solutions, established in Middelharnis, Chamber of Commerce no. 78121523.

2.  Customer: the party which myWintersport has entered into an agreement with.

3.  Parties: myWintersport and customer together.

4.  Consumer: a customer who is an individual acting for private purposes.

Applicability

1.  These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of myWintersport. 

2.  The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1.  All prices used by myWintersport are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2.  myWintersport is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

3.  myWintersport offers services on the basis of no cure no pay.

4.  In the case of no cure no pay, the payment obligation for the customer arises when the agreed result has been achieved.

Payments and payment term

1.  myWintersport may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

2.  The customer must have paid the full amount within 14 days, after delivery.

3.  Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without myWintersport having to send the customer a reminder or to put him in default. 

4.  myWintersport reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1.  If the customer does not pay within the agreed term, myWintersport is entitled to charge an interest per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

2.  When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to myWintersport. 

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

4.  If the customer does not pay on time, myWintersport may suspend its obligations until the customer has met his payment obligation. 

5.  In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of myWintersport on the customer are immediately due and payable. 

6.  If the customer refuses to cooperate with the performance of the agreement by myWintersport, he is still obliged to pay the agreed price to myWintersport. 

Right of withdrawal 

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

·    the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

·    the purchase does not concern an (assignment to) urgent repair

·    it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawel period and the consumer has not renounced his right of withdrawal

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

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

·    as soon as the consumer has confirmed the purchase of digital content via the internet

3.  The consumer can notify his right of withdrawal via support@mywintersport.com, if desired by using the withdrawal form that can be downloaded via the website of myWintersport, https://mywintersport.com. 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement 

The customer waives his right to settle any debt to myWintersport with any claim on myWintersport. 

Insurance

1.  The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

·    goods delivered that are necessary for the execution of the underlying agreement

·    goods being property of myWintersport that are present at the premises of the customer

·    goods that have been delivered under retention of title 

2.  At the first request of myWintersport, the customer provides the policy for these insurances for inspection. 

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for myWintersport, not obligations of results.

Performance of the agreement

1.  myWintersport executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

2.  myWintersport has the right to have the agreed services (partially) performed by third parties.

3.  The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 

4.  It is the responsibility of the customer that myWintersport can start the implementation of the agreement on time.

5.  If the customer has not ensured that myWintersport can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer 

1.  The customer shall make available to myWintersport all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

2.  The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 

3.  If and insofar as the customer requests this, myWintersport will return the relevant documents. 

4.  If the customer does not timely and properly provides the information, data or documents reasonably required by myWintersport and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Indemnity

The customer indemnifies myWintersport against all third-party claims that are related to the products and/or services supplied by myWintersport. 

Complaints

1.  The customer must examine a product or service provided by myWintersport 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 myWintersport of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3.  Consumers must inform myWintersport of this within two months after detection of the shortcomings.

4.  The customer gives a detailed description as possible of the shortcomings, so that myWintersport 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 myWintersport being forced to perform other work than has been agreed. 

Giving notice

1.  The customer must provide any notice of default to myWintersport in writing.

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

Joint and several Client liabilities

If myWintersport enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to myWintersport under that agreement. 

Liability of myWintersport

1.  myWintersport is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 

2.  If myWintersport is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

3.  myWintersport is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

4.  If myWintersport is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

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

Expiry period

Every right of the customer to compensation from myWintersport shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Civil Code.

Dissolution

1.  The customer has the right to dissolve the agreement if myWintersport 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 myWintersport is not permanent or temporarily impossible, dissolution can only take place after myWintersport is in default. 

3.  myWintersport has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give myWintersport good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

1.  In addition to the provisions of article 6:75 Civil Code, a shortcoming of myWintersport in the fulfillment of any obligation to the customer cannot be attributed to myWintersport in any situation independent of the will of myWintersport, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from myWintersport . 

2.  The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.  If a situation of force majeure arises as a result of which myWintersport cannot fulfill one or more obligations towards the customer, these obligations will be suspended until myWintersport can comply with it. 

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

5.  myWintersport does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

1.  myWintersport is entitled to amend or supplement these general terms and conditions. 

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

3.  Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1.  The customer cannot transfer its rights deferring from an agreement with myWintersport to third parties without the prior written consent of myWintersport. 

Consequences of nullity or annullability

1.  If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

2.  A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what myWintersport had in mind when drafting the conditions on that issue.

Applicable law and competent court

1.  Dutch law is exclusively applicable to all agreements between the parties. 

2.  The Dutch court in the district where myWintersport is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.