General Terms and Conditions for Webshop Keurmerk members

These General Terms and Conditions of the Webshop Keurmerk Foundation were drawn up in consultation with the Consumers’ Association within the Coordination Group on Self-Regulation (CZ) of the Social and Economic Council and take effect as of 1 June 2014. These General Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as defined in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the cooling-off period
Article 8 - Exercising the right of withdrawal by the consumer and costs thereof
Article 9 - Trader’s obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sector guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the General Terms and Conditions of the Webshop Keurmerk Foundation

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and those goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing contract: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any tool — including email — that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose of the information, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to dissolve the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of the Webshop Keurmerk Foundation and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, whereby up to and including the moment the agreement is concluded, exclusive or additional use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and the trader having to be simultaneously present in the same space;

Article 2 – Identity of the trader

Name of trader
Spaendonck Sport (trade name Golftrolley123.com)
Erasmusstraat 15
5216 HM, 's-Hertogenbosch
Netherlands

Telephone number: +31 (0)73 623 0999 (working days between 13:00 - 17:00)
Email address: info@golftrolley123.com

Chamber of Commerce number: 16069268
VAT identification number: NL001140563B31

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can store it easily on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request, electronically or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper consumer assessment of the offer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled, with reasons, to refuse an order or request or to attach special conditions to its execution.
5. No later than upon delivery of the product, service or digital content, the trader will provide the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:

a. the visiting address of the trader’s business where the consumer can lodge complaints;

b. the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales service;

d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

1. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where information on the right of withdrawal is not provided:

5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the trader provides the information referred to in the preceding paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
2. The consumer is liable only for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product if the trader did not provide all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and associated costs

1. If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or by other unequivocal statement.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or a person authorized by the trader). This is not required if the trader has offered to collect the product themselves. The consumer has in any event observed the return period if they return the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation fulfilled by the trader at the time of withdrawal, compared to full performance of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   – the trader did not provide the consumer with the legally required information about the right of withdrawal, compensation of costs upon withdrawal, or the model withdrawal form; or
   – the consumer did not expressly request the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
   – prior to its delivery, they did not expressly consent to the start of performance of the agreement before the end of the cooling-off period;
   – they did not acknowledge losing their right of withdrawal upon granting their consent; or
   – the trader failed to confirm this statement by the consumer.
9. If the consumer exercises the right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Trader’s obligations in the event of withdrawal

1. If the trader enables the consumer to notify withdrawal electronically, they shall promptly send an acknowledgement of receipt upon receiving this notification.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and no later than 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer has proved that they have returned the product, whichever is earlier.
3. The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
   – the performance has begun with the consumer’s express prior consent; and
   – the consumer has stated that they lose their right of withdrawal once the trader has fully performed the agreement;
4. Service contracts for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that perish quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, after delivery, are by their nature inseparably mixed with other products;
10. Alcoholic beverages whose price was agreed at the time of concluding the agreement, but whose delivery can take place only after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
11. Sealed audio, video recordings and computer software where the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
    – the performance has begun with the consumer’s express prior consent; and
    – the consumer has stated that by doing so they lose their right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory provisions or regulations.
4. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
   a. they result from statutory provisions or regulations; or
   b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and additional guarantee

1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfill their part of the agreement.
3. An additional guarantee means any commitment by the trader, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do if they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution

1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can be executed only in part, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement that was concluded for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that was concluded for a fixed term and that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   – at any time and not be limited to termination at a specific time or during a specific period;
   – at least in the same way as they were concluded by the consumer;
   – always with the same notice period as the trader has stipulated for themselves.

Renewal:

4. An agreement concluded for a fixed term and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. By way of derogation from the previous paragraph, an agreement concluded for a fixed term and that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a fixed term and that provides for the regular delivery of products or services may be tacitly extended only for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery on a trial basis of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service contract, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to promptly notify the trader of inaccuracies in provided or stated payment details.
4. If the consumer does not fulfill their payment obligation(s) in time, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still fulfill their payment obligations, the consumer shall owe statutory interest on the outstanding amount after the failure to pay within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the trader’s service can also be submitted via a complaints form on the consumer page of the Webshop Keurmerk Foundation website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the trader concerned and the Webshop Keurmerk Foundation.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate.
2. Disputes between the consumer and the trader about the conclusion or performance of agreements relating to products and services to be supplied or supplied by this trader may, with due observance of the provisions below, be submitted by both the consumer and the trader to the Webshop Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will be considered by the Disputes Committee only if the consumer has first submitted their complaint to the trader within a reasonable time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted to the Disputes Committee in writing.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the trader wishes to do so, the consumer must state in writing within five weeks after a corresponding written request by the trader whether they also wish to have the dispute handled by the Disputes Committee or would prefer to have it handled by the court having jurisdiction. If the trader does not learn of the consumer’s choice within the five-week period, the trader is entitled to submit the dispute to the court having jurisdiction.
6. The Disputes Committee issues a decision under the conditions set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are by way of binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue its handling if a suspension of payment has been granted to the trader, if the trader has been declared bankrupt, or has actually terminated business operations, before a dispute has been heard by the committee at a session and a final decision has been issued.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee that is affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then the Webshop Keurmerk Foundation Disputes Committee is preferably competent for disputes that mainly concern the method of distance selling or distance service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Sector guarantee

1. The Webshop Keurmerk Foundation guarantees compliance by its members with the binding advice of the Webshop Keurmerk Foundation Disputes Committee, unless the member decides to submit the binding advice to the courts for review within two months of its dispatch. This guarantee is revived if the binding advice remains in force after court review and the judgment evidencing this has become final. Up to a maximum amount of € 10,000 per binding advice, this amount will be paid to the consumer by the Webshop Keurmerk Foundation. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the remainder, the Webshop Keurmerk Foundation has a best-efforts obligation to ensure that the member complies with the binding advice.
2. To apply this guarantee, the consumer must submit a written claim to the Webshop Keurmerk Foundation and must assign their claim against the trader to the Webshop Keurmerk Foundation. If the claim against the trader exceeds € 10,000, the consumer will be offered to assign their claim, insofar as it exceeds € 10,000, to the Webshop Keurmerk Foundation, after which this organization will, in its own name and at its own expense, seek payment thereof in court for the consumer’s benefit.

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 20 – Amendment of the General Terms and Conditions of the Webshop Keurmerk Foundation

1. The Webshop Keurmerk Foundation will not amend these general terms and conditions except in consultation with the Consumers’ Association.
2. Amendments to these terms and conditions will take effect only after they have been published in an appropriate manner, it being understood that, in the event of applicable amendments during the term of an offer, the most favorable provision for the consumer will prevail.

(additional) delivery terms:

1. Applicability

1. In these General Terms and Conditions, the following definitions apply: 'Buyer' any natural person or legal entity that is or will be in a contractual relationship of any kind with Golftrolley123.com. 'Consumer-Buyer' any natural person not acting in the course of his or her profession or business who is or will be in a contractual relationship of any kind with Golftrolley123.com. 'Products' the subject of one or more agreements.

2. These General Terms and Conditions apply to all offers from Golftrolley123.com as well as to all agreements concluded with Golftrolley123.com.

3. Derogation from one or more provisions of these General Terms and Conditions is possible only if expressly agreed in writing. The other provisions of these terms and conditions remain fully in force in that case.

4. Any general terms and conditions used by the Buyer do not apply unless expressly agreed in writing by Golftrolley123.com.

5. Golftrolley123.com reserves the right to amend and/or supplement the General Terms and Conditions.

6. By using the Golftrolley123.com website and/or placing an order (both online and offline), the Buyer accepts these General Terms and Conditions as well as all other rights and obligations stated on the website.

7. Golftrolley123.com is entitled to use third parties in performing an agreement with the Buyer.

2. Offers and conclusion of agreements

1. Offers or quotations should be regarded as an invitation to potential buyers to make an offer. Golftrolley123.com is in no way bound by this unless it has been recorded in writing and unambiguously. Acceptance of the invitation to make an offer by the potential Buyer constitutes an offer and will only lead to the conclusion of an agreement if the other provisions in this article have been fulfilled.

2. Offers are valid while stocks last.

3. A quotation made out to a specific name is valid for one (1) week, unless another period is stated in the quotation.

4. An offer by the prospective Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
- the potential Buyer has entered the data on the appropriate input screen of the website and sent the relevant data to Golftrolley123.com electronically. These have been received by Golftrolley123.com.
- during his visit to the premises of Golftrolley123.com, the potential Buyer has expressly indicated that he wishes to purchase or receive a specific product and/or service;
- the prospective Buyer has expressly stated by telephone that they wish to receive a particular product and/or a particular service;
- a quotation has been signed by the Buyer and received by Golftrolley123.com in the event that Golftrolley123.com has issued a personalized quotation.

5. An agreement is concluded at the moment an order confirmation is handed over to the Buyer or, if the offer was made via the website, sent by email to the email address provided by the Buyer. This agreement may be revoked by Golftrolley123.com if the Buyer does not meet or has not met the conditions. In that case, Golftrolley123.com will notify the Buyer within thirty (30) days of receipt of the order.

6. The Buyer and Golftrolley123.com expressly agree that by using electronic means of communication, a valid agreement is concluded as soon as the conditions in articles 2.4 and 2.5 are met. In particular, the absence of a handwritten signature does not affect the binding force of the offer and its acceptance. The electronic files of Golftrolley123.com shall, insofar as the law permits, serve as prima facie evidence.

7. Information, images, oral communications, statements, etc. concerning all offers and the main characteristics of the products provided by telephone or by email are rendered or given as accurately as possible. However, Golftrolley123.com does not guarantee that all offers and products fully correspond to the information provided. Deviations cannot in principle give rise to compensation and/or dissolution.

8. If Golftrolley123.com cannot meet the delivery period of sixty (60) days, the Buyer has the right to terminate the agreement. The Buyer must contact Golftrolley123.com for this.

3. Prices

1. All prices are stated in euros, in accordance with the statutory provisions in this regard, and include sales tax (unless stated otherwise).

2. Special offers are valid only while stocks last.

3. The Buyer owes the price that Golftrolley123.com has communicated in its confirmation in accordance with article 2.5 of these terms to the Buyer. Obvious (manipulation) errors in the price quotation, such as evident inaccuracies, may be corrected by Golftrolley123.com even after the agreement has been concluded.

4. Delivery charges are not included in the price; these are stated at the checkout screen before payment is made. Special rates apply for delivery outside the Netherlands and Belgium. With regard to certain payment methods, additional conditions apply concerning the delivery method and the associated costs. This will be clearly communicated to the Buyer.

5. If the prices for the offered products and services increase in the period between the order and its execution, the Buyer may cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Golftrolley123.com.

4. Payment

1. For orders via the Golftrolley123.com website, payment can be made in the following ways:
- iDEAL
- Bancontact
- Mastercard
- Visa
- American Express
- PayPal
- Klarna Pay Later (if available)
- Apple Pay
- Google Pay
- Shopify Payments

Golftrolley123.com may expand the available payment methods in the future. Available payment methods are always clearly stated during checkout.

2. The available payment methods can be used only if the conditions of those payment methods are met, including checks on creditworthiness, authentication and authorization of the prospective Buyer.

3. If a payment term has been agreed by Golftrolley123.com, the Buyer will be in default solely by the expiry of this term. Payment terms can only be agreed in writing under conditions to be further set and agreed.

4. In the event of non-payment or late payment by the Buyer, the Buyer owes interest of 1.44% per month on the outstanding amount, calculated from the day on which payment should have been made at the latest until the day of full settlement, whereby a commenced month is counted as a full month.

5. All (extra)judicial costs of any nature that Golftrolley123.com has had to incur as a result of the Buyer’s failure to fulfill his/her (payment) obligations shall also be borne by the Buyer.

5. Delivery and delivery time

1. Orders are delivered as quickly as possible. In principle, Golftrolley123.com aims to ship orders within 3 to 5 days after receipt of payment. The latest delivery period is sixty (60) days after receipt of the order. The stated delivery times are only indicative and no rights can therefore be derived from them. Golftrolley123.com may state further information on delivery times on the website or otherwise give written notice. Such information is for indication only.

2. If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Golftrolley123.com aims to notify the Buyer of delays by telephone or email within thirty (30) working days.

3. Deliveries take place at the address provided by the Buyer when the agreement was concluded.

4. As soon as the products to be delivered have been handed over to the carrier, the risk in respect of these products passes to the Buyer.

5. Different conditions may apply to deliveries abroad.

6. If delivery takes place in parts, Golftrolley123.com is entitled to regard each delivery as a separate transaction.

6. Defects and complaints period

1. The Buyer is obligated to inspect (have inspected) the products carefully immediately upon receipt. Complaints by the Buyer relating to defects in the product or the delivery that are externally visible must be reported by the Buyer to Golftrolley123.com within 7 days after delivery (or within 7 days after the invoice date if the products could not be delivered to the Buyer).

2. The Buyer, not being a Consumer Buyer, is not entitled to return products for which no substantiated complaint exists. If this nevertheless occurs without valid reasons, all costs associated with the return shipment shall be borne by the Buyer. In that case, Golftrolley123.com is free to store the products with third parties at the Buyer’s expense and risk.

7. Retention of title

1. Ownership of products, notwithstanding actual delivery, shall not pass to the Buyer until he has fully satisfied all that he owes under any agreement with Golftrolley123.com, including payment of interest and costs, also from earlier or later deliveries and any work performed or to be performed in relation to the products.

2. The Buyer may not encumber, sell, deliver on, dispose of or otherwise burden the products before ownership thereof has passed.

8. Warranty and liability

1. In principle, the warranty applicable to products delivered by Golftrolley123.com is the warranty determined by the manufacturer of the relevant item. If the delivered item does not conform to the agreement, the Buyer must notify Golftrolley123.com within a period of two months after discovering this. Consumer Buyers have the rights set out in Book 7, Title 1, Sections 1–7 of the Dutch Civil Code.

2. Golftrolley123.com is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Golftrolley123.com accepts no liability for consequential or business damage, indirect damage, or loss of profit or turnover.

3. If for any reason Golftrolley123.com is obliged to compensate any damage, such compensation will never exceed an amount equal to the invoice value relating to the product or service that caused the damage.

4. Without prejudice to the provisions of this article, no warranty applies in the following cases:

- if the wear and tear can be considered normal;
- if changes have been made in or to the product, including repairs carried out without the permission of Golftrolley123.com or the manufacturer;
- if the original invoice cannot be presented, has been altered or has been rendered illegible;
- if defects are the result of use that does not correspond with the intended purpose or of improper use;
- if damage has arisen due to intent, gross negligence or negligent maintenance.

5. The Buyer is obliged to indemnify Golftrolley123.com against any claim that third parties may assert against Golftrolley123.com in connection with the performance of the agreement, insofar as the law does not preclude that the relevant damage and costs should be borne by the Buyer.

6. Golftrolley123.com may include links on its website to other websites that may be of interest or informative for the visitor. Such links are purely informational. Golftrolley123.com is not responsible for the content of the website referred to or its use.

7. Demonstration models may be subject to a reduced warranty.

8. If research costs are incurred to determine a defect in the product or part of the product that is excluded from the warranty, these costs are always for the Buyer’s account. Golftrolley123.com aims to report this in advance. Failure to provide this notification does not release the Buyer from the obligation to pay these costs.

9. If there are costs associated with repairing a defect, the Buyer will be informed. If the Buyer does not expressly agree in writing with the cost estimate, he/she may have his/her property returned upon payment of the research costs. If the Buyer has not paid these research costs six (6) months after the cost estimate was offered, ownership of the product will pass to Golftrolley123.com.

9. Intellectual property

1. The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications, or other expressions relating to the products and/or the website are vested in Golftrolley123.com, its suppliers, or other rightsholders.

2. Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

3. No photo on this website may be reproduced or made public, in any form or by any means, whether electronic, mechanical, or otherwise, without prior written permission from Golftrolley123.com.

4. The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of Golftrolley123.com, its suppliers, or other rightsholders, unless it concerns private use of the product itself only.

10. Personal data

1. Golftrolley123.com will process the Buyer’s data solely in accordance with its privacy policy.

2. In doing so, Golftrolley123.com observes the applicable laws and regulations.

11. Applicable law and competent court

1. Only Dutch law applies to all offers and agreements.

2. The applicability of the Vienna Sales Convention is expressly excluded.

3. All disputes related to or arising from offers by Golftrolley123.com or agreements concluded with it will be submitted to the competent court in 's-Hertogenbosch, unless the law expressly designates another court as competent.

12. Miscellaneous provisions

1. Golftrolley123.com is a trade name of Spaendonck Sport and is located at (5216 HM) 's-Hertogenbosch, Erasmusstraat 15 and registered with the Chamber of Commerce in 's-Hertogenbosch under no. 16069268. The VAT identification number is NL001140563B31. Please send all correspondence regarding an agreement or these terms to Golftrolley123.com at the above address or to the email address indicated on the website.

2. The Golftrolley123.com customer service (+31 (0)73 623 0999) can be reached for information on working days from 13:00 to 17:00 hours.

3. Golftrolley123.com aims to answer emails received by it within five (5) working days.