Terms of Sale

1. General

1.1 Unless expressly agreed otherwise in writing, these Online Sales Conditions (hereinafter referred to as the “sales conditions” or “terms”) apply to and form an integral part of all online offers, orders and sales agreements made via the web shops and other online products and services of Fabbe Sport (the “Online Services”) are provided or established, to the exclusion of the customer's own general or specific (purchase) conditions.

1.2 Fabbe Sport reserves the right to change these conditions at any time. All changes will be published online. By continuing to use the Online Services after the amended terms have been published online, you will be deemed to have tacitly agreed to the amended terms.

2. Order

2.1 The presentation of products and services via the Online Services is only a non-binding invitation to order from Fabbe Sport. By placing your order you make a binding offer to conclude a purchase agreement. Fabbe Sport will only be bound and the sales agreement will only be concluded after your order has been confirmed and accepted in writing by Fabbe Sport. Fabbe Sport reserves the right to accept or reject an order.

2.2 By placing an order via the Online Services, you expressly agree to the terms and conditions of sale as published by Fabbe Sport at the time of placing your order and, as far as the webshop is concerned, to the terms and conditions of sale of any third parties with which Fabbe Sports working together. You are solely responsible for reading the applicable terms and conditions of sale before placing your order.

2.3 After you have placed your order and it has been confirmed by Fabbe Sport, you will receive an invitation to pay the price of your order.

2.4 After Fabbe Sport has received your payment, your order will be completed and delivered to the delivery method you have chosen, of which any additional costs for delivery will be communicated to you in advance.

2.5 If, after placing your order, you discover that you have made an error with your order, please contactinfo@fabbesport.be immediately by email.

3. Payment

3.1 Our invoices are payable in cash at our registered office, without discount, unless otherwise stated on the invoice. No deductions or compensation may be made on the invoiced amounts.

3.2 In the event of full or partial non-payment of an invoice on the due date, interest will be due at the rate of 1.5% per month, by operation of law and without any notice of default. Each month started will be charged as a full month. In the event of full or partial non-payment of the invoice on the due date, an amount of 10% of the outstanding invoice amount, with a minimum of 40, will be charged by operation of law and without any notice of default for fixed compensation and without prejudice to conventional interest. 00 euros, without prejudice to any costs of assistance from a lawyer. For more information general terms and conditions for direct debit .

3.3 Fabbe Sport expressly reserves the right of ownership of the delivered products until full payment of the price, interest and costs. Until then, the customer cannot dispose of the goods or dispose of them in any way and/or make changes to them. In the event of late payment, we will have the right to collect the goods back from the customer at his risk and expense, without the need for legal intervention. Without prejudice to the retention of title, all risks relating to the delivered goods are already transferred to the customer at the time of delivery.

4. Delivery

4.1 After receipt of your payment, we are obliged to deliver the products you ordered to you, unless applicable legislation and regulations, such as in the context of the safety of football matches, would oblige us to refuse or cancel your order or would prohibit us from delivering the products you ordered to you.

4.2 We will do our best to deliver the products to the delivery address you provided in your order within the estimated delivery time specified by us at the time of ordering. However, the stated delivery period is not binding and Fabbe Sport cannot be held liable in any way for any loss, damage, costs or expenses arising from late delivery.

4.3 You agree to inspect the products for defects, shortcomings or visible damage at the time of delivery and in any case before signing any receipt that you may be asked to sign. You must keep proof of receipt of the delivered product for any future disputes.

4.4 Please note that it may be impossible for us to deliver to certain locations. If this is the case, we will inform you via the contact details you provide to us when placing your order. We will take the necessary steps to cancel your order free of charge or arrange delivery to an alternative address. We only deliver to Belgium, the Netherlands and Germany. We deliver in our standard packaging. We reserve the right to decide whether or not to respond to special packaging wishes expressed by you and to pass on the associated additional costs to you.

4.5 All risk associated with the product will pass to you at the time of delivery, except where delivery has to be postponed due to a breach of your obligations, in which case risk will pass to you on the date delivery is due to occur. would have occurred if you had not failed to meet your obligations. Once the risk has passed to you, Fabbe Sport disclaims all liability in the event of loss, destruction or other damage to the product. You should be careful when opening the product so as not to damage it, especially when using sharp objects.

4.6 You undertake to accept the product appropriately on the date and time reasonably communicated to you by Fabbe Sport. If you are unable to receive or collect the ordered product on the agreed date and time, we may leave a notification for you with instructions about a second delivery attempt or collection from the transport company. If delivery or collection is delayed by your unreasonable refusal to take delivery or if you do not accept delivery or collection from the transport company, we may (without prejudice to any other right or remedy available to us) take one or take both of the following steps: (i) charge you reasonable storage fees and other reasonable costs incurred by us; or (ii) make the product unavailable for delivery or collection and notify you that we will cancel the relevant contract immediately. In that case, we will refund to you or your financial institution any amount already paid by you to us under the relevant agreement, less any reasonable administration costs incurred by us (including the costs of attempted delivery). .

4.7 It is your responsibility to ensure that the products meet and meet your needs and personal wishes. We do not warrant in any way that the products will meet your personal requirements or are suitable for any specific use or purpose. You expressly acknowledge that the products are standard and not tailor-made to meet your individual, personal wishes.

5. Cancellation and dissolution

5.1 Fabbe Sport reserves the right to cancel an order and to terminate an agreement if the product is unavailable for any reason or if applicable legislation and regulations, such as in the context of the safety of football matches, require us to do so. authorizes or obliges. In this case, we will contact you immediately and refund any amount you have already paid within 30 days following the notification of cancellation of your order. We will refund any monies transferred by you using the same payment method you used to pay for the product.

6. Right of withdrawal

6.1 Subject to specific provisions and the exceptions stated below, you as a consumer have the right to inform Fabbe Sport in writing that you cancel any purchase you have made via the Online Services, without payment of a fine and without giving notice. of a motive, within fourteen calendar days from the day following the delivery of the good or - if you have concluded a service agreement - within fourteen calendar days from the day following the conclusion of the service agreement.

6.2 You can use the withdrawal form that, if applicable, is enclosed upon delivery of the purchase, or you can provide another unambiguous statement yourself in which you declare that you withdraw from the agreement, or you can use the “ model withdrawal form” ” that you can find on the website of the FPS Economy. Once you are in possession of the product, you are obliged to keep it and take appropriate care of it. The product must be returned to us in its original condition.

6.3 However, you cannot exercise a right of withdrawal for:

(i) the supply of products made to your specifications (personalised and/or custom designed items such as clothing with a personalized name) or products clearly intended for a specific person;

(ii) the supply of goods that deteriorate quickly or have a limited shelf life;

(iii) the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

(iv) the delivery of goods that are irrevocably mixed with other products after delivery;

(v) the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;

(vi) the supply of newspapers, periodicals or magazines, with the exception of agreements for a subscription to such publications;

(vii) agreements concluded at public auction;

(viii) the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the agreements provide for a specific date or period of performance;

(ix) the delivery of digital content that is not delivered on a tangible medium, if the performance has begun with your express prior consent;

You acknowledge that you lose your right of withdrawal in the above-mentioned cases.

6.4 If you or we have lawfully canceled or revoked the order, we will refund any payment already made to us by you or your financial institution for the order for the product as soon as possible and in any event within 30 days following your cancellation or revocation. In the event that a product has been purchased with a gift voucher or discount vouchers, we reserve the right to refund any amounts subsequent to your cancellation upon receipt of the products back by crediting your account with the amount of your order.

7. Defective Products

7.1 We warrant that the product will be delivered undamaged and in the quantities ordered and that the product complies with the manufacturer's latest published instructions as stated on the Online Services or in our description of the product at the time of your order.

7.2 The product is exclusively intended for use in accordance with the instructions, as stated on our Online Services or in our description of the product as such. It is your responsibility to ensure that you use the products only in accordance with these instructions.

7.3 We do our utmost to deliver the products in perfect condition. However, if you notify us that the products are defective, you agree to keep the products in their current condition so that we can inspect them within a reasonable time. In order to provide you with a solution for a defective product, we may require your assistance and prompt communication of certain information regarding the product. If you would like us to repair, replace or refund the product if the product does not conform, and we find that the product has (i) been misused, abused, neglected, improperly or inadequately cared for, not cared for, damaged or abnormally used, or ( ii) has been involved in an accident or damaged by an incorrect attempt to alter or repair it; or (iii) was used contrary to our or the manufacturer's instructions for the product; or (iv) has been damaged by normal wear and tear after delivery by us, we may, at our sole discretion, decide not to repair, replace or refund the product and/or we may require you to pay all reasonable freight and service charges based on our current standard rates and we may charge this using the payment details you provided to us when placing your order. We will not, to the fullest extent permitted by law, be liable for any loss, liability, cost, value, expense or expense arising out of this.

8. Use of gift vouchers and discount vouchers

8.1 We are not liable for loss, theft or illegibility of discount vouchers or gift vouchers.

9. Limitation of Liability

9.1 Fabbe Sport pays a lot of attention to the information provided via the Online Services, but cannot in any way guarantee the accuracy or completeness of the information. The information provided through or in relation to the Online Services is of a general nature, is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user. Fabbe Sport cannot be held liable for any damage, of any nature whatsoever, resulting from actions and/or decisions based on the information referred to and/or use of documents or which in any way results from the use of the Online Services.

9.2 Fabbe Sport does not provide any guarantee regarding the proper functioning of the Online Services and cannot be held liable in any way for poor functioning or temporary (un)availability of the Online Services or for any form of damage, direct or indirect , which would result from access to or use of the Online Services.

9.3 Fabbe Sport cannot under any circumstances be held liable to anyone, directly or indirectly, in a special or other manner, for damage resulting from the use of the Online Services, in particular as a result of links or hyperlinks to other websites, including: without limitation, from all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

9.4 The Online Services may contain hyperlinks to websites or pages of third parties or refer indirectly to them. Placing links to these websites or pages does not in any way imply an implicit approval of their content. Fabbe Sport expressly declares that it has no control over the content or other features of these websites or pages and can under no circumstances be held liable for the content or features thereof or for any other form of damage resulting from their use.

9.5 Fabbe Sport undertakes to perform its obligations under these terms and conditions of sale with reasonable care and skill. However, Fabbe Sport has no obligation to achieve results.

9.6 Regardless of the nature of the damage or claim, Fabbe Sport can under no circumstances be held liable for any indirect, incidental or consequential damage, such as but not limited to (i) loss of turnover; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of expected savings; (vi) loss of business; (vii) loss of productive time; (viii) loss of opportunity; (ix) loss of goodwill; (x) loss of reputation; or (xi) loss, damage or corruption of data, in each case whether such damage is foreseeable, known, foreseeable or otherwise.

9.7 Fabbe Sport's liability with regard to the Online Services is in any case always limited to either the refund of the price paid by the customer or the re-performance of the Online Services, at the discretion of Fabbe Sport.

9.8 The total liability of Fabbe Sport is always limited to the amount of the price paid by the customer to Fabbe Sport for the Online Services that gave rise to the claim, with a maximum of 100.00 euros per claim.

9.9 These limitations of Fabbe Sport's liability stated above apply to any liability expressly provided for in these terms and conditions, as well as to any liability arising from the invalidity or unenforceability of any other clause in these terms and conditions.

10. Warranty and complaints management

10.1 We will carry out our obligations under these terms with care and skill. We attach great importance to the satisfaction of our customers. Complaints or disputes must be made, under penalty of nullity and forfeiture, within eight days of the fact or incident about which the complaint or dispute relates, by registered letter.

10.2 Exclusion of warranty on balls: Damage caused by wear, studs, thorns, nails, concrete posts, shrubs, incorrect use of the nipple (with a risk of damage to the valve and/or inner ball) and all external damage caused by other materials and causes.

11. Force majeure

11.1 Fabbe Sport cannot be held liable for any shortcoming or delay in the execution of an agreement that is attributable to an external cause over which Fabbe Sport has no control, including but not limited to all forms of force majeure, actions of third parties (including but not limited to hackers, suppliers, government, quasi-autonomous non-governmental authorities, supranational, federal, regional, provincial or local authorities), insurrection, riots, civil unrest, war, hostilities, military operations, national disasters, terrorism, terrorist threats, piracy, arrests, coercion exercised by a competent authority, strikes and/or lockout, epidemic, fire, explosion, storm, flood, drought, extreme weather conditions, earthquakes, natural disasters, accidents, mechanical failures, third party software , disruptions or problems with public utilities (including failure of electricity, telecommunications or the Internet), lack or inability to be supplied with materials, equipment and/or transport, regardless of the fact that the circumstances in question could have been foreseen.

11.2 Both Fabbe Sport and the customer will be entitled to immediately terminate the agreement by written notice to the other party in the event that the force majeure continues for longer than 2 working days, in which case neither party will be held liable to the other party in in connection with such termination (except for reimbursement of a product already paid for by the customer and which was not delivered).

11.3 If Fabbe Sport has entered into obligations to supply identical or equivalent products to multiple customers and is prevented from fully fulfilling its obligations towards all parties involved due to force majeure, Fabbe Sport will have the right to determine autonomously which agreements will be implemented to what extent. are carried out.

12. Notices

12.1 Any notice under a contract shall be in writing and may be delivered personally or by stamped or registered letter with acknowledgment of receipt or by email addressed to the relevant party at the other party's last known address or email address. Any notice by post will be deemed to have been received two working days after it was posted if the recipient's address is in Belgium. An e-mail notification is deemed to have been received when the e-mail has demonstrably arrived on the recipient's server. As proof of this, it is sufficient that the letter or e-mail was correctly addressed and, where appropriate, was correctly stamped or sent as registered letter with acknowledgment of receipt.

13. Final Provisions

13.1 Failure or delay in exercising by you or us any right under these terms and conditions or any contract shall not be deemed to be a waiver of that right and shall not affect any other or subsequent event or prejudice any right or any remedy in respect thereof or in any way affect or alter our or your rights under these terms or any contract.

13.2 If any clause in these terms and conditions or an agreement becomes or is declared invalid or unenforceable, such invalidity or unenforceability will in no way affect the validity or enforceability of any other clause in these terms and conditions, in whole or in part.

13.3 The customer is not permitted to transfer any agreement to which these terms and conditions apply or any right or obligation thereunder in whole or in part to a third party without the prior written permission of Fabbe Sport.

13.4 Nothing in these terms or in any agreement shall create or be deemed to create or be deemed to create a partnership, agency or employer-employee relationship between you and us.

13.5 No person who is not a party to these terms and conditions or to a contract shall hereby acquire or assert any right in respect of any provision of these conditions, even if that person is relying on such provision or has indicated to either party that it agree to any provision of these terms or any contract.

14. Terms & Conditions & Privacy Policy

14.1 The provisions of our General Terms and Conditions and our Privacy Policy form an integral part of these Terms and Conditions of Sale. In the event of any conflict between provisions, the provisions of these Online Sales Conditions take precedence.

14.2 A printed version of these Online Sales Conditions, the General Terms and Conditions and the Privacy Policy and of any warning and notice delivered in electronic form will be accepted in any judicial or administrative proceedings arising out of or related to these Online Sales Conditions, the Privacy Policy and the Privacy Policy . General Terms and Conditions , in the same manner and under the same conditions as other documents and commercial registers created and kept in printed form. All rights not expressly granted herein are reserved.

15. Governing Law and Disputes

15.1 All agreements to which the current terms and conditions apply are governed by Belgian law.

15.2 The courts of the registered office of Fabbe Sport have exclusive jurisdiction for all disputes that may arise with regard to these terms and conditions or the Online Services to which they apply.