Article 1 Definitions
1.1 Winnermovement B.V means in these General Terms and Conditions B.V, registered by the Winnermovement B.V in Bergen (The Netherlands), with KVK-number 57487626.
1.2 ‘Customer’ means every visitor of the webshop, natural person or legal person, who places an order at www.winnermovement.com.
Article 2 Application
2.1 These General Terms and Conditions apply to all orders placed at webshop winnermovement.com.
2.2 By placing an order the customer accepts and understands the application of the General Terms and Conditions.
2.3 Only with an agreement in written, deviation is possible from the General Terms and Conditions, in which case the remaining articles of these General Terms and Conditions remain fully in force.
2.4 Winnermovement B.V maintains the right to modify or complete these General Terms and Conditions.
Article 3 Agreement
3.1 An agreement is established from the moment an orderconfirmation is sent to the e-mail address given by the customer. The customer and Winnermovement B.V agree that through the use of electronic communicationforms a valid agreement comes into existence as soon as this orderconfirmation has been sent to the customer. The electronic files of Winnermovement B.V apply, as far as the law allows, herewith as a supposition of evidence.
Article 4 Personal Data
4.1 Winnermovement B.V is holder of registrations according to the ‘Wet Bescherming Persoonsgegevens’ (Personal Data Protection Act). These personal data will be registered at the Registrationchamber.
4.2 The data given by the customer, will be treated with confidence and only used for the following purposes:
– Processing the order, payment and delivery to the correct delivery address
– Stimulate the user friendliness of the webshop
– To provide information about sales, special offers and a newsletter (if selected by customer)
Article 5 Offer
5.1 Information (on the website, by e-mail, verbal, by telephone), photos or images given by Winnermovement B.V about the products are as accurate as possible. Winnermovement B.V can’t guarantee all products fully resemble with the information given. Deviations are initially no motive for compensation and/or ending the agreement.
If the product fully deviates from the description given on the website, Winnermovement B.V will take suitable actions to concede the customer.
5.2 Winnermovement B.V can’t be kept to her offer if the customer, in terms of reasonableness of social understanding, could have understood that the offer contains an obvious mistake or miswriting.
Article 6 Prices and Payments
6.1 All prices mentioned by Winnermovement B.V are including VAT unless specifically stated otherwise.
All prices are excluding costs of shipping
6.2 Winnermovement B.V maintains the right to change the prices, especially when (legally) required.
6.3 Special offers are only valid for the period mentioned on the website in relation to that special offer.
6.4 Orders placed at the webshop can be paid in the following ways
– iDEAL (direct) (only for Dutch bank accounts)
– Payment in advance via wire transfer, the customer makes a transfer of the amount due to “Bank-relation
ABN Amro Alkmaar / Account IBAN: NL 93 ABNA 0480 8296 32 of Winnermovement B.V in Bergen (The Netherlands)”, with mentioning of the order number. The amount due should be added on our bank account within the period of 5 days for the Netherlands and 7 days for countries outside the Netherlands. The agreement will automatically end after expiration of this period.
– Cash payment if you collect the order in Bergen, The Netherlands
Article 7 Shipping Costs
7.1 Prices mentioned on our site and web shop are ex-works. Meaning they are without VAT and without Shipping unless specifically stated otherwise. Clients are welcome to utilize their own shipping channels. If preferred, Crealev can handle shipping for orders as well. Costs are quoted per individual order. Because of the varying sizes
7.2 Winnermovement B.V is not and can not be held responsible for any extra costs (i.e. customs, state tax) if the order is sent outside the Netherlands.
7.4 Prices for our products are as follows; Within (The Netherlands) €10 The United States and Canada and €20 for the rest of the world.
Article 8 Delivery
8.1 For International buyers, orders are shipped and delivered with UPS, DHL or International speed post. Orders for Dutch clients are shipped through registered domestic courier companies and /or speed post only. It’s also possible to pick up your order on location.
8.2 When receiving a direct or in advance payment before 3 PM (except on Saturday, Sunday or Monday) the order will be shipped the same day if in stock.
8.3 For deliveries in countries outside the Netherlands different delivery conditions are valid.
8.4 Winnermovement B.V has the right to back-order ordered products. Extra costs of subsequent shipping are for Winnermovement B.V.
8.5 Delivery takes place at the customers address, given in the agreement.
Article 9 Ownership
9.1 The ownership of the products passes on to the customer at the moment that the products are offered at the given address of the customer. Winnermovement B.V can not be held responsible for possible costs and damages that arise after the customer lacks in accepting the delivery.
Article 10 Intellectual property right
10.1 The customer acknowledges that all rights of intellectual properties of presented information, images, announcements or other expressions related to the products, website (or promotion of it) lies with Winnermovement B.V or other entitled persons.
10.2 Intellectual property includes patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial methods and concepts.
Article 11 Force Majeure
11.1 If one or both parties are not able to fulfill their obligation as a result of a circumstance for which one can not be blamed, force majeure, none of the parties will be hold liable.
11.2 Both parties have the possibility as long as the force majeure lasts to postpone the agreement. If this period takes longer then 2 months, both parties are entitled to end the agreement without any obligation for compensation to the other party.
Article 12 Compensation
12.1 Winnermovement B.V can only be hold responsible for compensation, if it was on purpose or with blame, originated because of a circumstance on account of risks taken by Winnermovement B.V.
Winnermovement B.V can only be held responsible for damage, caused on purpose by Winnermovement B.V, or caused by circumstances based on risks taken by Winnermovement B.V.
Article 13 Governing law
13.1 Dutch law applies exclusively to all the rights, obligations, offers, orders and agreements.
13.2 All disputes between both parties will only be settled by a for that purpose competent Dutch court.