Terms and Conditions

Article 1. Definitions

1.1 In these General Terms and Conditions, the following terms are used with the following meaning, unless expressly stated otherwise or the context indicates otherwise:

FoamDartPoint: The user of these General Terms and Conditions: FoamDartPoint, with its registered office at Sleutelring 28, 3042 LX Rotterdam, registered with the Dutch Chamber of Commerce with Chamber of Commerce number 9214-6554.

Client: The company or natural person who has entered into an agreement with FoamDartPoint, who has received a quote/offer from FoamDartPoint or who has any legal relationship with FoamDartPoint or who has performed any legal act with FoamDartPoint.

Agreement: The agreement between FoamDartPoint and the customer.

Item: The item that FoamDartPoint will deliver when it comes to an agreement.

Consumer: The natural person who is acting for a thing that is not part of his business or professional activities.

Website: The website www.FoamDartPoint.com and other websites that are part of or maintained by FoamDartPoint.

Article 2. General

2.1 These General Terms and Conditions apply to all Agreements between FoamDartPoint and the Customer and affect all aspects and legal acts between FoamDartPoint and the Customer, including all negotiation and other pre-contractual situations.

2.2 The present terms and conditions also apply to all Agreements with FoamDartPoint, for the implementation of which third parties must be involved.

2.3 Deviations from the General Terms and Conditions are valid if and only if both written and electronic notes of those General Terms and Conditions agree.

2.4 The applicability of purchase or other conditions of the Customer is expressly rejected.

2.5 If one or more of the described parts of these Terms are found to be invalid or removed from the Terms, all other parts of the Terms will remain in full force and effect. Ineffective or deleted parts of the Conditions will be replaced by FoamDartPoint, whereby the purpose and intent of the original provisions are largely taken into account.

2.6 If FoamDartPoint does not require strict compliance with these Terms and Conditions, this will in no way mean that the provision thereof is not applicable, or that FoamDartPoint would in any way lose the right to otherwise ensure strict compliance with the provisions of these Terms and Conditions. require conditions.

Article 3. Offers and quotations

3.1 Offers and Quotations are without obligation.

3.2 A quotation or offer from FoamDartPoint is valid for 1 month, unless expressly stated otherwise.

3.3 Obvious errors or mistakes on the website, in brochures, offers, agreements or publications of FoamDartPoint do not legally bind FoamDartPoint.

3.4 Quotations, offers and documents provided by FoamDartPoint to the customer may not be reproduced or made available to third parties for inspection without permission from FoamDartPoint.

3.5 FoamDartPoint reserves the right to offer certain items only in minimum quantities.

3.6 The product range offered can be changed at any time.

Article 4. Pictures and Samples

4.1 All images, details and the like of the products offered on the website, brochures or other publications are only approximate and are in no way a reason for compensation and/or dissolution of the agreement.

4.2 Certain products are made from natural materials or are partially made from natural materials. If a sample is handed over to a customer, this should be regarded as an example only, as natural materials may have color and structure differences.

Article 5. Conclusion of the agreement

5.1 The agreement is concluded after the customer:

has expressly agreed to a quotation/offer from FoamDartPoint via a written medium, e-mail or in any other way; or when a quote/offer has been responded to via email and has been clearly answered with terms such as “Agree” and similar statements.

physically signed the agreement.

Article 6. Cancellation of the order

6.1 Orders once placed cannot be cancelled.

Article 7. Prices

7.1 All prices quoted include VAT, unless stated otherwise.

7.2 For the customer being a consumer, the prices are exclusive of shipping costs, unless stated otherwise.

7.3 FoamDartPoint reserves the right to change the prices of items at any time.

Article 8. Shipping costs

8.1 Shipping costs depend on the size of the order, either value or weight, and the location to which the order is to be shipped.

Article 9. Obligations of the customer

9.1 It is the responsibility of the customer to provide FoamDartPoint with necessary data as requested/needed by FoamDartPoint or which the customer understands is necessary to complete the agreement. These must be provided to FoamDartPoint in a timely manner.

9.2 If for any reason the data provided to FoamDartPoint is invalid or incorrect, the customer will be held solely responsible for all risks that may arise from providing incorrect data.

9.3 It is the responsibility of the customer to inform FoamDartPoint of any reasons or circumstances that may arise which may be relevant to the completion of the agreement.

9.4 It is the customer’s responsibility to take into account any laws or other applicable regulations applicable in their country. Including, transportation, storage, use or sale, of products is the sole responsibility of the customer.

9.5 All data and information provided by FoamDartPoint about the suitability or applicability of products are non-binding and do not release the customer from his obligations to carry out his own checks and tests.

9.6 FoamDartPoint assumes that the customer will comply with all his legal obligations.

Article 10. Execution of the agreement

10.1 FoamDartPoint will execute the agreement to the best of its knowledge, ability and skill.

10.2 FoamDartPoint reserves the right, in the fulfillment of the agreement, without notice to the customer, to rely on third parties, to rely on third party goods and/or to rely on third party services and to have the performance performed in whole or in part by third parties and to charge the customer for these costs of third parties.

Article 11. Information and advice

11.1 Information about processing and application of products, advice, guides and other data, unless agreed otherwise and by letter, are still considered non-binding to the best of our knowledge or understanding. The customer does not reserve any rights in this respect and FoamDartPoint can therefore not be held liable for damage caused or indirect damage.

Article 12. Delivery terms

12.1 Statements of delivery times are always approximate. Exceeding the stated delivery time does not entitle the customer to damages or compensation.

12.2 If a delivery exceeds the stated delivery time caused by an event beyond the control of FoamDartPoint, as described in article 20 of the terms and conditions, the delivery term will automatically be extended by the period of the event that caused the exceeding of the delivery time caused.

Article 13. Delivery

13.1 Products are delivered by FoamDartPoint to the address specified by the customer. The products are delivered to the front door of the specified address and the customer must personally sign for receipt of the delivery.

13.2 It is the responsibility of the customer to ensure that the delivery can be delivered to the front door at the specified address without obstacles. If there are obstacles that impede delivery, delivery will be made at the obstacle.

13.3 FoamDartPoint reserves the right to send an order in multiple deliveries, for which the shipping costs can be charged separately.

13.4 The customer is obliged to accept the product. If the customer does not accept the product, FoamDartPoint reserves the right to store the product at the expense and risk of the customer. If the customer does not accept the delivery, FoamDartPoint reserves the right to resell these products to a new customer, for the original customer, when they are notified by email of the non-accepted delivery, even if the customer has already paid for the products. The customer is obliged to pay the invoice, with the addition of interest, additional costs and possible compensation, if the net proceeds of the product prove to be lower when sold to a third party.

Article 14. Compliance and Complaints

14.1 FoamDartPoint guarantees that the products delivered by it comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the government regulations existing on the date of the conclusion of the agreement. .

14.2 The customer is obliged to check the products upon delivery. The customer is obliged to check for:

If the quantities of the products are correct

If the products meet the quality and usability requirements for normal use.

14.3 Complaints must be sent to FoamDartPoint by e-mail as soon as possible after delivery.

14.4 The customer is obliged to give FoamDartPoint the opportunity to validate the complaints. When FoamDartPoint has to validate complaints, this does not mean that FoamDartPoint acknowledges any damage or defects to a product.

14.5 To validate a complaint, FoamDartPoint may request a customer to return the product to FoamDartPoint, at the customer’s expense, this will be refunded if the complaint is valid.

14.6 If a customer demonstrates that the product is subject to well-founded complaints at the time of delivery, FoamDartPoint will replace the product or refund the price of the product at the time of the agreement. FoamDartPoint’s liability is at all times limited to Article 19.

14.7 Complaints do not extend the customer’s payment obligation.

14.8 Products that do not correspond to the normal colours, quality, shape, weight, etc., including damage to products that are subject to improper use by the customer, are not eligible for complaint.

Article 15. Customer service and complaints

15.1 Questions and/or complaints about the delivery can be directed to FoamDartPoint’s customer service. FoamDartPoint customer service can be reached via:

The email address info@FoamDartPoint.nl

Telephone +31 (0) 6 1882 6223

15.2 Questions asked by telephone will be answered immediately if possible. If no answer can be given at that time, the customer will be informed when he can expect an answer.

15.3 Questions and/or complaints submitted by e-mail that cannot be answered immediately, the customer will receive a confirmation of the question and/or complaints and will be informed when he can expect an answer.

15.4 Complaints will be handled by FoamDartPoint, if possible, within 30 days.

Article 16. Payment

16.1 Customers can easily pay the full invoice before delivery. This is possible via Ideal or bank transfer.

16.2 Companies must pay the full invoice of the delivery in advance, unless stated otherwise in the agreement.

16.3 FoamDartPoint can under no circumstances be held liable for any damage suffered by the customer if a product is not delivered while the customer has not fulfilled his payment obligation.

16.4 Payment must be made within the set payment term.

16.5 If payment is made after the specified payment term, the customer is obliged to pay commercial interest, in accordance with Article 6:119a of the Dutch Civil Code. When the customer is a consumer, the customer owes interest, according to Article 6:119 of the Dutch Civil Code, from the moment the customer has exceeded the payment term. All costs of collection, both legally and extrajudicially, are for the account of the customer. If the customer is a company, the interest is set extrajudicially at 15% of the invoice, with a minimum of € 100. When the customer is a consumer, the interest out of court is set at 15% of the total invoice for the first €2,500, 10% of the invoice for the next €2,500 and 5% of the invoice for the next € 5,000 with a minimum of €40.

16.6 In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the claims can be immediately recovered from FoamDartPoint.

16.7 Payment by the customer must first be made in settlement of all interest, before making payment in connection with collection costs. Only after these payments have been made, the customer must pay the remainder of the invoice.

Article 17. Retention of Property for Client as a Company

17.1 All delivered and shipped products remain the property of FoamDartPoint until all invoices have been paid to the customer.

17.2 As long as the products are not the property of the customer, the customer may not

Pledge the products;

grant rights to third parties;

Sell the products outside the normal course of business.

17.3 The customer is obliged to keep the products delivered under retention of title with due care. The customer is obliged to do everything that may reasonably be expected to maintain the properties of FoamDartPoint.

17.4 If the customer does not fully or partially fulfill his obligations towards FoamDartPoint, FoamDartPoint is entitled, in the event of dissolution of the agreement, for whatever reason, to retrieve all products subject to retention of title, without prior notice of default or judicial intervention, also this does not affect FoamDartPoint’s full right to claim compensation.

17.5 If FoamDartPoint wishes to exercise its rights, as described in this article, the customer is obliged to provide FoamDartPoint with access to all locations where FoamDartPoint products are stored.

17.6 In the event of seizure, receivership or bankruptcy, the customer shall immediately notify FoamDartPoint and notify the bailiff, receiver or administrator of FoamDartPoint’s property and rights.

17.7 The provisions referred to in this article are without prejudice to other rights of FoamDartPoint.

Article 18. Suspension and Termination

18.1 FoamDartPoint reserves the right to suspend the agreement with immediate effect if FoamDartPoint becomes aware that, given good grounds, given circumstances may lead to the customer not being able to fulfill its obligations.

18.2 FoamDartPoint is entitled to terminate the agreement if the customer does not or not fully fulfill its obligations under the agreement and if the customer has not responded to a reminder sent. If compliance becomes permanently impossible, a notice may be omitted.

18.3 Furthermore, FoamDartPoint is authorized to dissolve an agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.

18.4 FoamDartPoint is entitled to terminate the agreement if the customer applies for suspension of payment or if suspension of payment is granted to the customer, in the event of bankruptcy or if a request to that effect is submitted, if the customer is unable to debts, proceeds to the termination or liquidation of its business, is placed under guardianship, or when an administrator is appointed.

18.5 When FoamDartPoint proceeds to suspend or terminate an agreement, FoamDartPoint cannot be held liable in any way for damage and costs incurred in any way as a result.

18.6 If the agreement is dissolved or if FoamDartPoint suspends the agreement, the products delivered to the customer at the time of dissolution or suspension will be charged to the customer, FoamDartPoint cannot be held liable in any way for damage and costs in any way. Damage also includes loss of turnover.

Article 19. Liability and limitation

19.1 Information and services on the website may contain technical inaccuracies and/or typographical errors. FoamDartPoint is not liable for such inaccuracies and/or errors.

19.2 FoamDartPoint can never guarantee that the information on the website is correct. FoamDartPoint will make every effort to ensure that the correctness of this data is as consistent as possible. External influences, for example by hackers, are always possible and can lead to distorted information. FoamDartPoint is not liable for such biased information.

19.3 FoamDartPoint cannot be held liable for compensation for any damage that is a direct or indirect result of:

An event that is actually beyond its control and therefore cannot be attributed to FoamDartPoint, as described in Article 20 of these Terms and Conditions.

Any act or omission of the customer, its subordinates or other persons employed by or on behalf of the customer.

19.4 FoamDartPoint is not liable for damage, of any nature whatsoever, because FoamDartPoint has received incorrect or incomplete information from the customer.

19.5 Colors that appear on the customer’s screen may differ from the colors of the actual product. FoamDartPoint is not liable for such color deviations.

19.6 FoamDartPoint is not liable for any damage resulting from misuse or improper use of the delivered product. FoamDartPoint is not liable for any damage suffered by the customer, because the customer does not store, process, package, transport, assemble or install the product correctly.

19.7 FoamDartPoint is not liable for damage to or loss of data as a result of transmission of the data by means of telecommunication facilities.

19.8. Under no circumstances is FoamDartPoint liable for damage resulting from or caused by the customer who uses the delivered product for a purpose other than that for which it is intended.

19.9. FoamDartPoint is never obliged to pay compensation for consequential damage. Consequential damage is in any case regarded as: lost turnover, lost profit, missed savings, loss of production, loss of profit, business stagnation, stagnation damage, damage caused by delays, damage to reputation, environmental damage, fines imposed by the government or indirect damage, regardless of the cause thereof.

19.10. If FoamDartPoint should be liable for any damage, FoamDartPoint’s liability is limited to the amount paid out by FoamDartPoint’s insurer. If the insurer does not pay out or the damage is not covered by insurance, FoamDartPoint’s liability is limited to the amount that the customer has paid for the product to which the liability relates.

19.11. The customer indemnifies FoamDartPoint against third-party claims against FoamDartPoint with regard to events, acts or omissions for which FoamDartPoint is not liable pursuant to the foregoing. The customer is obliged to first indemnify FoamDartPoint for all costs, damages and interest that may arise for FoamDartPoint as a direct or indirect result of a third legal claim against it as referred to in this paragraph.

19.12. Claim rights and other powers of the customer against FoamDartPoint for whatever reason expire in any case after one year from the moment an event occurs that the customer can use those rights and/or powers against FoamDartPoint, on the understanding that the customer being a consumer, a limitation period of two years is present.

9.13. If the customer does not fulfill his contractual obligations or obligations arising from the law, or does not do so on time or properly, or commits an unlawful act against FoamDartPoint, the customer must compensate all damage that FoamDartPoint suffers or has suffered.

Article 20. Force majeure

20.1 FoamDartPoint is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure is in any case understood to mean: weather conditions; theft; fire; floods; landslides; terrorism; impediments by third parties, including those of governments; obstacles in transport; strikes; riots, wars or threats of war; loss of or damage to goods during the transport thereof; non or delayed delivery of goods to FoamDartPoint by its suppliers; import and export restrictions; breakdowns and accidents in FoamDartPoint’s company; setting fire to means of transport of FoamDartPoint, its supplier or its transports, malfunctions that occur during these transports, becoming involved in accidents thereof; actions of any domestic, foreign or international government.

20.2 Force majeure also includes shortcomings on the part of FoamDartPoint’s suppliers.

20.3 In the event of force majeure, FoamDartPoint is not obliged to pay compensation for any damage as a direct or indirect result thereof and it is also released from its obligation to deliver. It depends on the circumstances of the case whether the suspension of delivery will be total or partial. When the possibility arises to carry out the delivery, whether or not modified, both FoamDartPoint and the customer can use this option.

20.4 If the force majeure situation has lasted longer than two months, both parties have the right to terminate the agreement by means of a written statement. Products that have been delivered to the customer up to the moment of force majeure will be charged to the customer.

Article 21. Confidentiality

21.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information provided. The party receiving confidential information will only use it for the purpose for which it was provided.

21.2 If, on the basis of a statutory provision or a court decision, FoamDartPoint is obliged to provide confidential information to the law or third parties designated by the competent court, and FoamDartPoint cannot rely on a legal or recognized or permitted right of non-disclosure by the competent court, then FoamDartPoint is not obliged to pay compensation or compensation and the customer is not entitled to dissolve the agreement on the basis of any damage caused by this.

21.3 FoamDartPoint processes personal data in accordance with the Personal Data Protection Act.

Article 22. Intellectual Property Rights

22.1 The customer must respect all intellectual property rights that rest on the products supplied by FoamDartPoint.

22.2 Without the prior written or electronic consent of FoamDartPoint, the customer may not copy, transmit, distribute, reproduce or publish any information, text, logos, trademarks, trade names and images found on the website.

Article 23. Applicable law and jurisdiction

23.1 Dutch law applies to every agreement between FoamDartPoint and the client. The applicability of the CISG is excluded.

23.2 All disputes related to agreements between the client and FoamDartPoint must be submitted to the competent court in the district in which FoamDartPoint is established. The client, being a consumer, has the right to opt for the legally competent court within one month after FoamDartPoint has invoked this article in writing.

Article 24. Shipping and Returns

24.1 “You have the right to cancel your order up to 14 days after delivery without giving any reason. After cancellation you have 14 days to return your product. You will then be credited with the total amount, including shipping costs. Only the costs for returning to the store are for your own account. If you make use of your right of withdrawal, you must return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur. To exercise this right, you can contact us via info@FoamDartPoint.nl We will then refund your order within 14 days after registering your return if the product has been returned in good order.

Need help?

Contact us at info@foamdartpoint.com for questions related to refunds and returns.