Terms and Conditions Club Sigma
Club Sigma: DQM Holding B.V., established in Rotterdam under Chamber of Commerce no. 84630183.
Customer: the person with whom Club Sigma has entered into an agreement.
Parties: Club Sigma and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Club Sigma.
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices that Club Sigma uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
- All prices that Club Sigma charges for its products, on its website or that are otherwise made known, Club Sigma can change at any time.
- Increases in the cost prices of products or parts thereof, which Club Sigma could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment term
- Club Sigma may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
- Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Club Sigma having to send the customer a demand or notice of default.
- Club Sigma reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, Club Sigma is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month is for a whole month. is counted.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to Club Sigma.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Club Sigma may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Club Sigma’s claims against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Club Sigma, he is still obliged to pay the agreed price to Club Sigma.
Right of withdrawal
- A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that has been tailor-made or modified especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired using the withdrawal form that can be downloaded from the website of Club Sigma, https://clubsig.ma.
4. The consumer is obliged to return the product to Club Sigma within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
- If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Club Sigma in time, Club Sigma will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete return of the order. .
The costs for delivery will only be borne by Club Sigma insofar as the complete order is returned.
Reimbursement return costs
- If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Club Sigma may invoke its right of retention and, in that case, retain the customer’s products until the customer has settled all outstanding bills with regard to Club Sigma, unless the customer has provided sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes payments to Club Sigma.
- Club Sigma is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Club Sigma against a claim against Club Sigma.
Retention of title
- Club Sigma remains the owner of all delivered products until the customer has fully complied with all its payment obligations to Club Sigma under any agreement concluded with Club Sigma, including claims for failure to perform.
- Until then, Club Sigma can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Club Sigma invokes its retention of title, the agreement will be deemed dissolved and Club Sigma will be entitled to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Club Sigma has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is a creditor’s default, with the result that the customer cannot object to Club Sigma for a late delivery.
- The delivery times specified by Club Sigma are indicative and if they are exceeded, they do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Club Sigma.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Club Sigma is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging of a delivered product is opened or damaged the customer must, before taking delivery of the product, have the forwarder or delivery person make a note of this. Failure to do so leads to Club Sigma not being liable for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Club Sigma prior to transport, failing which Club Sigma cannot be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Exchanging purchased items is only possible if the following conditions are met:
- exchange takes place within 14 days after purchase against presentation of the original invoice
- the product is returned in its original packaging or with the original (price) tags still attached
- the product has not yet been used
Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies Club Sigma against all third-party claims related to the products and/or services supplied by Club Sigma.
- The customer must examine a product or service provided by Club Sigma as soon as possible for any shortcomings.
- If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Club Sigma of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Club Sigma of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Club Sigma is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Club Sigma being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Club Sigma of any notice of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches Club Sigma (on time).
Joint and several liability customer
If Club Sigma enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Club Sigma under that agreement.
Liability Club Sigma
- Club Sigma is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If Club Sigma is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- Club Sigma is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
- If Club Sigma is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Club Sigma expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if Club Sigma imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by Club Sigma is not permanently or temporarily impossible, dissolution can only take place after Club Sigma is in default.
- Club Sigma has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Club Sigma has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Club Sigma in the fulfillment of any obligation with regard to the customer cannot be attributed to Club Sigma in a situation independent of the will of Club Sigma, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Club Sigma.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Club Sigma cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Club Sigma can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Club Sigma does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
- If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- The previous paragraph does not apply to products purchased in a physical store.
Change of terms and conditions
- Club Sigma is entitled to amend or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Club Sigma will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Club Sigma.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Club Sigma had in mind when drafting the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where Club Sigma is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.