GENERAL TERMS & CONDITIONS

1. Scope

1.1. These general terms and conditions govern the contractual relationship between VERMARCSPORT SA, whose registered office is located at 3111 Rotselaar, Olivierstraat 95, company number 0420.964.657, RPR Leuven (hereinafter "VERMARCSPORT"), and the client, established via the website www.vermarcsport.com, or via a customer portal set up for the client (hereinafter the "Website"). The Website is managed by VERMARCSPORT.
1.2. In these general terms and conditions, the term "client" refers to any Internet user, whether (i) a company as defined in Article I.1.1) of the WER or (ii) a consumer as defined in Article I.1.2) of the WER, who places an order on the Website, requests a quote via the Website, intends to enter into or has entered into an agreement
with VERMARCSPORT through the Website, unless it is expressly stated below that the agreement applies only to businesses ("business client") or only to consumers ("consumer client").
1.3. These general terms and conditions apply to all orders placed by a client on the Website. They form an integral part of the contract concluded with the client. The application of these sales conditions is an essential requirement for VERMARCSPORT to enter into an agreement.
1.4. These general terms and conditions explicitly apply to orders for non-personalized collection clothing and non-personalized goods placed through the VERMARCSPORT Website. Goods ordered through the Website are expressly considered "non-personalized goods" within the framework of these general terms and conditions.
1.5. Before placing an order via the Website, the client declares having received these general terms and conditions, having read their content, and expressly accepting them. Placing an order via the VERMARCSPORT Website is only possible if the client expressly accepts the content and applicability of these general terms and conditions to the purchase agreement to be concluded. To this end, before finalizing the order, the client must check the box next to "Accept the general terms and conditions."
1.6. If one or more provisions of these general terms and conditions are wholly or partially excessive, null, or must be annulled, this does not affect the validity of the remaining general terms and conditions. The parties undertake to replace the void clause with a legally valid clause that corresponds to the initial intent of the parties or is as close as possible to it.
1.7. The Dutch version of the general terms and conditions is the original version and, in case of discrepancies, always prevails over any translation provided for informational purposes.

2. Prices and charges

2.1. All prices displayed on the Website are in euros.
2.2. Within the European Union, prices include VAT, other taxes, costs, and charges but exclude shipping costs. Orders shipped to countries outside the European Union are shipped "delivery duties unpaid." In this case, the VAT amount will be deducted from the total price at checkout once the delivery location is selected.
Compensation fees, taxes, and customs duties for orders outside the European Union are at the client’s expense. VERMARCSPORT has no control over these costs and cannot predict the amo
2.3. The prices indicated on the Website do not include shipping costs. These are clearly stated on the summary screen before the client definitively confirms their order. Shipping costs are determined and charged in accordance with Article 7 of these general terms and conditions.
2.4. VERMARCSPORT reserves the right to correct any typographical errors regarding prices on the Website or invoice or to cancel an order if prices or discounts are incorrectly displayed on the Website or mistakenly included on the invoice. In such cases, the consumer client has the right to cancel their order at no cost.
2.5. Price quotations requested (via the Website or otherwise) are always provided without obligation.
2.6. The prices indicated on the Website are subject to change. The client must verify the price at the time of placing an order. This price will be used for the order. Additionally, VERMARCSPORT may unilaterally change prices if such price changes result from objective circumstances beyond its control, such as, but not limited to, delivery costs, purchase costs, production costs, raw materials, energy prices, etc. This list of objective circumstances is not exhaustive and is given as an example. In such cases, the consumer client has the right to cancel their order at no cost.

3. Payments

3.1. Every order is immediately payable at the time of the conclusion of the agreement. After placing an order via the Website, the client is redirected to a secure payment page with the request to pay for the order electronically. Payment can be made via Visa, MasterCard, Maestro debit and credit cards, iDeal & Sofort. Once the payment has been registered, you will receive an order confirmation on the Website and via email. The payment provider for the Vermarcsport webshop is Mollie BV, with its registered office at 1016 EE Amsterdam (Netherlands), Keizersgracht 313, Chamber of Commerce number 30204462.
3.2. In the event that a refund is required, the price will be refunded via the payment details and bank account used for the order payment. The refunded price is the purchase price including VAT, but excluding shipping costs as stipulated in Article 7 of these general terms and conditions. VERMARCSPORT is not responsible for any exchange rate fluctuations between the currency used for the order payment and the currency of the refunded amount.

4. Retention of ownership: Risk

4.1. All sold goods remain the property of VERMARCSPORT as long as the full price (principal amount, interest, and costs) has not been paid.
4.2. Notwithstanding the retention of ownership, all risks transfer to the client on the delivery date, and all costs are borne by the client.

5. Intellectual Property

5.1. All content (images, text, brand names, etc.) on the Website is protected by intellectual property rights. It is not permitted to use, copy, or distribute any content from this Website without the express written consent of VERMARCSPORT.
5.2. All documents, materials, intellectual property rights, and ideas developed by VERMARCSPORT during and within the framework of executing the agreement remain the property of VERMARCSPORT. At no time are VERMARCSPORT’s intellectual property rights transferred to the client. Logos, drawings, ideas, or other
intellectual property rights provided by the client to VERMARCSPORT remain the property of the client.
5.3. The client explicitly acknowledges VERMARCSPORT’s right to use photos of the delivered product/service in the client's environment as a reference.

6. Product information and orders

6.1. For each product, a product description (color, size, product type, etc.) and digital photos are displayed on the Website.
6.2. VERMARCSPORT strives to display colors and descriptions as accurately as possible on the Website. However, VERMARCSPORT cannot guarantee any color variations or discrepancies due to differences in screen display quality.
6.3. An order is considered placed if the last step of the order process has been successfully completed. VERMARCSPORT retains an electronic copy of the client's order for the legally required period. Once the order has been placed and payment has been processed, the order confirmation will appear on the client’s screen. This confirmation can be printed by the client.
6.4. Orders are confirmed in writing after placement via the Website and payment processing.
6.5. Orders are always subject to sufficient stock availability and VERMARCSPORT's production capacity. VERMARCSPORT strives to update its Website carefully and only displays goods that are in stock. If a product ordered by a client is unexpectedly out of stock, VERMARCSPORT will inform the client as soon as possible and
propose an alternative solution (e.g., delayed shipping, a replacement product, or a refund).

7. Shipping and delivery

7.1. Depending on the selected goods, the client has the choice between the following delivery methods:
Pickup in one of VERMARCSPORT’s stores;
Shipment to a selected pickup point;
Home delivery to the address provided by the client.
Delivery costs for pickup point or home delivery are charged to the client.
7.2. If the client chooses to pick up the ordered product in one of VERMARCSPORT's stores, VERMARCSPORT will inform the client via email, phone, or SMS when the order is ready for pickup. VERMARCSPORT strives to make the order available as soon as possible. The client can pick up the order upon presentation of a copy of the confirmation email received after the online purchase, along with their ID card. Pickup in-store is considered delivery.

7.3. For all deliveries other than store pickup, the following conditions apply:
7.3.1. The following shipping costs may be charged for delivery:
Deliveries within Belgium, the Netherlands, or Luxembourg: €5.00 per package.
Deliveries to other countries within the European Union: €15.00 per package;
Deliveries to countries outside the European Union: €30.00 per package.
For orders within Belgium, the Netherlands, and Luxembourg, VERMARCSPORT offers free delivery for orders over €120.00.
7.3.2. Delivery times are indicated with the goods on the Website. For business clients, delivery and execution times are provided for informational purposes only and are therefore purely indicative. Unless otherwise agreed in writing between the parties or in the case of force majeure (as described in Article 6.5 of these general terms and conditions), VERMARCSPORT will deliver goods to consumer clients within 90 calendar days.
7.3.3. VERMARCSPORT cannot be held responsible for delays caused by the courier service used.
7.4. Delivery or execution delays can never give rise to compensation, order cancellation, or contract dissolution for business clients. If goods cannot be delivered to consumer clients within the aforementioned deadlines, the consumer client must grant VERMARCSPORT an additional delivery period of at least 5 working days from the client’s request.
7.5. If multiple goods are ordered simultaneously, VERMARCSPORT may arrange multiple deliveries if the ordered goods are not available at the same time.

8. Returns and right of withdrawal

8.1. The consumer client has the right to exchange or return non-personalized goods ordered via the Website within 14 calendar days from the calendar day of delivery. Return or exchange requests submitted after this period will not be accepted. This right does not apply to business clients.
8.2. The consumer client must submit a return or exchange request via email to info@vermarcsport.be. In this request, the consumer client must specify per item in the original order whether they wish to keep, exchange for another size or color, or receive a refund. Only one return per order is accepted. Once VERMARCSPORT has received the return or exchange request, VERMARCSPORT will send an email confirmation containing the details of the return or exchange request and further instructions for the return shipment. The return must be shipped within 5 working days after registration.
8.3. Once the return has been received, approved, and processed by VERMARCSPORT, VERMARCSPORT will inform the consumer client via email of the shipment date for replacement goods in case of an exchange. If the exchanged items are out of stock, the consumer client will be notified via email, and a refund will be automatically issued for those items.
8.4. Refunds are processed within 30 calendar days of receiving the returned goods by VERMARCSPORT.
8.5. VERMARCSPORT is not responsible if the package is not returned by the courier service or if it is lost during shipping. If goods do not reach VERMARCSPORT, no exchange or refund can take place.
8.6. A return or exchange request is only possible for non-personalized goods. In the case of personalized goods (for example, in the case of a custom-made order or if VERMARCSPORT must apply printing, embroidery, a logo, label, etc., at the client's request), no exchange is possible.
8.7. Returns or exchanges are only possible if:
• Each returned or exchanged item is in strictly unused and completely undamaged condition;
• The original tags and labels are attached to the items and are in perfect condition; and
• The original packaging of the item is included and undamaged.
Returns or exchanges will never be accepted if the returned goods have been printed, worn, soiled, washed, or treated in any way and/or if they are no longer in their original packaging.
8.8. The shipping costs or additional costs (customs clearance fees, taxes, and duties) for the return or exchange are borne by the client. If the client does not pay these costs, the package will automatically be returned to the client.
8.9. In the event that VERMARCSPORT explicitly accepts a return or exchange from a business client, a processing fee of €5.00 will be charged if the total value of the order, after processing the return, exchange, or refund, does not exceed €120.00.

9. Termination and cancellation

9.1. The agreement between the parties may be terminated by VERMARCSPORT at the client's expense if the client is in a state of payment suspension, bankruptcy, requests a judicial or amicable settlement, fails to meet one or more of their obligations, or in the case of unlawful payment or if such payment appears unlawful.
The agreement shall be deemed terminated on the date of dispatch of a registered letter by VERMARCSPORT to the client. VERMARCSPORT will also be entitled to reclaim all delivered goods that have not yet been paid for by the client.
9.2. In the event of cancellation of an agreement by the client, either orally or in writing, a fixed compensation of 30% of the invoice amount shall be payable to VERMARCSPORT, without prejudice to VERMARCSPORT’s right to prove and claim higher damages. Orders that contain goods or prints specifically produced and/or purchased for the client, or which must be provided with a label or logo of the client, cannot be canceled. Consequently, in such cases, the client shall be liable for the full agreed price. The consumer client may cancel free of charge before the goods have been dispatched. After dispatch, they may invoke their right of withdrawal as described in Article 8 of these general terms and conditions. Beyond this period, they shall also be bound by the fixed compensation as described in this article.
9.3. In the event of refusal of receipt upon delivery or failure to collect the order in time at the pickup point, a fixed compensation equal to 30% of the invoice amount shall also be payable to VERMARCSPORT, without prejudice to VERMARCSPORT’s right to prove and claim higher damages.

10. Liability

10.1. VERMARCSPORT is not liable for any damage, except for direct damage caused by its own intent or gross negligence or that of its agents, unless expressly agreed otherwise in writing by the parties.
10.2. In any case, the amount of any damages to be borne by VERMARCSPORT is limited to the amount agreed between the parties for the respective order.
10.3. VERMARCSPORT undertakes an obligation of effort in the execution of its work.
10.4. VERMARCSPORT cannot be held liable for, nor be responsible for, any costs related to incorrect size, quantity, or dimension specifications by the client. VERMARCSPORT is not liable for minor color differences that may occur in colored clothing and/or different fabrics. The colors of the ordered goods displayed on the Website may vary, subject to a tolerance margin of delta 3. If the color variation results from washing/ironing, VERMARCSPORT applies the ISO 105/3-4 standard. Such variations are common in the textile sector and cannot be grounds for contract termination, price reduction, or compensation.
10.5. VERMARCSPORT shall not be held liable for any damage if the client fails to follow the provided usage instructions and maintenance guidelines (or, in the absence of provided instructions, the generally accepted usage and maintenance guidelines for the delivered goods), if the client misuses the delivered goods, or if the client makes modifications or repairs without the express consent of VERMARCSPORT.
10.6. In the contractual relationship between VERMARCSPORT and the client, the application of Article 5.90, paragraph 2, and 5.239, §2 of the Civil Code is excluded.
10.7. The client agrees not to invoke liability against the directors of VERMARCSPORT at any time. The parties agree that damage recovery caused by the non-fulfillment of a contractual obligation under this contract shall, within legal limits, be exclusively governed by contract law, even if the event causing the damage also constitutes a tortious act.
10.8. The client indemnifies VERMARCSPORT against all claims from third parties who suffer damages related to the execution of the agreement, for which VERMARCSPORT is not responsible. If third parties take legal action against VERMARCSPORT, the client is obliged to assist VERMARCSPORT both in and out of court and immediately take all necessary actions. If the client fails to take appropriate measures, VERMARCSPORT is entitled to do so itself without notice. All costs and damages incurred by VERMARCSPORT and third parties in this regard shall be borne entirely by the client.

11. Force majeure

11.1. VERMARCSPORT is not liable in situations of force majeure (such as war, strikes, lockouts, power outages, theft, fire, epidemics or pandemics, government-imposed restrictions, logistical issues with third parties, and all other causes beyond VERMARCSPORT’s control) that prevent it from meeting its obligations (on time). VERMARCSPORT's obligations are suspended for the duration of the force majeure event. If the force majeure situation lasts more than 30 working days, VERMARCSPORT may terminate the agreement without owing any compensation.
11.2. The application of Article 5.74, paragraph 2, and subsequent articles of the Civil Code is excluded.

12. Complaints

12.1. The client must inspect the goods immediately upon receipt and report any non-conformities, incorrect quantities, or visible defects via a motivated email with acknowledgment of receipt to VERMARCSPORT at info@vermarcsport.be within forty-eight (48) hours of delivery.
12.2. Any complaints regarding hidden defects, which were already present at the time of delivery, must be reported to VERMARCSPORT via an email with acknowledgment of receipt to info@vermarcsport.be within 5 calendar days of discovering the defect and in any case within 3 months of delivery.
12.3. In the event of a defect that was present at the time of delivery, as legally provided, the consumer client may invoke their right to a warranty for a period of 2 years from delivery. The consumer must notify VERMARCSPORT via email at info@vermarcsport.be within 2 months from the day the defect was discovered.
12.4. However, VERMARCSPORT cannot be held liable if the defect arises due to an external circumstance (including but not limited to an error, negligence, or abnormal use of the goods by the client).
12.5. If the complaint is accepted by VERMARCSPORT, VERMARCSPORT will repair the damage if possible.

13. Data Protection and privacy statement

13.1. VERMARCSPORT undertakes to comply to the best of its ability with the provisions of the General Data
Protection Regulation (GDPR).
13.2. The client explicitly confirms that all data provided to VERMARCSPORT was collected and processed in
accordance with the GDPR.
Consequently, the client indemnifies VERMARCSPORT against any claims from natural persons whose data was
collected and/or processed by the client and subsequently transferred to VERMARCSPORT.
13.3. Our privacy statement provides information on how VERMARCSPORT will use your data. By accepting these
general terms and conditions, you also agree to our privacy statement.

Article 14: Applicable law and jurisdiction

14.1. All legal relationships between VERMARCSPORT and the client are exclusively governed by Belgian law. The
applicability of the Vienna Sales Convention is expressly excluded.
14.2. In the event of a dispute, the parties agree to first attempt to resolve it amicably through consultation. If
the dispute cannot be resolved in this way, only the courts of the judicial district of Leuven shall have jurisdiction.
The consumer client, however, always has the right to bring their claim before the court of their place of
residence.
14.3. VERMARCSPORT wishes to inform the client of the existence of the ODR platform for alternative dispute
resolution, available at http://ec.europa.eu/odr/. This mention is merely a notification.