Terms and Conditions

General Terms and Conditions – Tulip Sports B.V.

These general terms and conditions apply to all purchases made through the Tulip Sports webshop.

Article 1 – Definitions

In these terms and conditions:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person not acting in the course of a profession or business and who enters into a distance agreement with Tulip Sports;
Day: calendar day;
Ongoing agreement: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by Tulip Sports for consumers wishing to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: an agreement in which, within the framework of a system organized by Tulip Sports for the remote sale of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the agreement;
Means of distance communication: tools that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of Tulip Sports.

Article 2 – Identity of Tulip Sports

Tulip Sports B.V.
Parnassusweg 126
1076 AT Amsterdam
The Netherlands
marc@tulipsports.nl
Chamber of Commerce: 97091790
VAT number: NL867906741B01

Article 3 – Applicability

These terms and conditions apply to every offer from Tulip Sports and to every distance contract and order concluded between the entrepreneur and the consumer.

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, Tulip Sports will indicate, before the contract is concluded, how the terms and conditions can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled, the agreement and these conditions shall remain in force for the remainder and the void or annulled provision will be replaced by a provision that reflects the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these terms.

Uncertainties regarding the interpretation or content of one or more provisions should also be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. Tulip Sports is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Tulip Sports uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Tulip Sports.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a true representation of the products offered. Tulip Sports cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, Tulip Sports will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Tulip Sports, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Tulip Sports will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Tulip Sports will observe appropriate security measures.

Tulip Sports may, within the legal framework, inform itself whether the consumer can meet the payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If Tulip Sports has good grounds not to enter into the agreement based on this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Tulip Sports will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the address of the Tulip Sports establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in Article 4 paragraph 3 of these conditions, unless Tulip Sports has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer and known to Tulip Sports, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and — if reasonably possible — in its original condition and packaging, following the clear and reasonable instructions provided by Tulip Sports.

If the consumer wishes to exercise the right of withdrawal, they must notify Tulip Sports within 14 days after receiving the product. Notification must be made by email or by completing the contact form on the website.

Once the consumer has notified Tulip Sports of the intention to withdraw, the product must be returned within 14 days. The consumer must provide proof that the product was returned on time — for example, by means of a shipping receipt.

If the consumer fails to notify Tulip Sports within the timeframes mentioned in paragraphs 2 and 3, or does not return the product in time, the purchase becomes final.

To make use of the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by Tulip Sports at the time of the offer and/or at the time of delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the maximum cost they will bear is the cost of returning the product.

If the consumer has already paid an amount, Tulip Sports will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the returned product has been received by Tulip Sports or that the consumer can provide conclusive proof of return shipment. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value.

The consumer cannot be held liable for any reduction in value of the product if Tulip Sports failed to provide all legally required information about the right of withdrawal prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

Tulip Sports may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3. This exclusion only applies if Tulip Sports has clearly stated it in the offer, or at least prior to the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been made to the consumer’s specifications by Tulip Sports;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that are sealed for hygiene reasons and where the seal has been broken by the consumer.

Article 9 – The Price

During the validity period 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.

Contrary to the previous paragraph, Tulip Sports may offer products or services whose prices are subject to fluctuations in the financial market and over which Tulip Sports has no influence, with variable prices. Any reference to fluctuating prices and the fact that mentioned prices are target prices will be clearly stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if Tulip Sports has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices listed in the offer for products include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of obvious pricing mistakes, Tulip Sports is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

Tulip Sports guarantees that the products and/or services meet the terms of the agreement, the specifications stated in the offer, reasonable standards of usability and reliability, and the existing legal provisions and government regulations on the date the agreement is established.

Any additional warranty provided by Tulip Sports or its manufacturer does not affect the legal rights and claims that the consumer may assert based on the agreement.

Any defects or incorrectly delivered products must be reported to Tulip Sports in writing within 2 months after discovery of the defect.

Tulip Sports offers a 1-year warranty on manufacturing defects — even if the manufacturer does not consider it a defect. However, Tulip Sports is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or treated carelessly or contrary to Tulip Sports’ instructions and/or the packaging;
the defect is entirely or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

Tulip Sports will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

The place of delivery is the address provided by the consumer to Tulip Sports.

Subject to what is stated in paragraph 4 of this article, Tulip Sports will fulfill accepted orders with due speed and no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery times are indicative. No rights can be derived from any stated delivery periods. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, Tulip Sports will refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, Tulip Sports will make every effort to provide a replacement item. This will be communicated clearly and understandably at the time of delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of return shipment is borne by Tulip Sports.

The risk of damage and/or loss of products rests with Tulip Sports until the moment of delivery to the consumer or a pre-designated representative known to Tulip Sports, unless explicitly agreed otherwise.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service agreement, this term begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to Tulip Sports.

In the event of non-payment by the consumer, and subject to legal restrictions, Tulip Sports has the right to charge the consumer reasonable costs that were communicated in advance.

Article 13 – Complaints Procedure

Tulip Sports maintains a clearly defined and accessible complaints procedure and handles complaints carefully and within a reasonable timeframe.

Complaints about the execution of the agreement must be submitted to Tulip Sports in full and clearly described, within two months after the consumer has discovered the defect. This can be done via email or the contact form on the website.

The consumer will receive a substantive response to the complaint within 14 days of its receipt. If a complaint requires a longer processing time, Tulip Sports will send a confirmation of receipt within 14 days, indicating when a full response can be expected.

If a complaint cannot be resolved through mutual consultation, it becomes a dispute subject to the dispute resolution procedure in Article 14.

A complaint does not suspend Tulip Sports' obligations, unless stated otherwise in writing.

If a complaint is found to be justified, Tulip Sports will, at its discretion, replace or repair the product free of charge.

Article 14 – Disputes

All agreements between Tulip Sports and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law — even if the consumer resides abroad.

The Vienna Convention on the International Sale of Goods (CISG) does not apply.

Article 15 – Additional or Deviating Provisions

Any additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.