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Terms and conditions
Lornah Sports UK
2 Carlisle Court
Article 1. Definitions Article 2. Applicability and validity Article 3. The formation of contract Article 4. Delivery and risk Article 5. Delivery / delivery on call Article 6. Prices , invoicing and payment Article 7. Force Majeure Article 8. Retention of title and other securities Article 9. Suspension and termination Article 10. Advertising Article 11. Guarantee and Liability Article 12. Return of non defective items Article 13. Modification of agreements Article 14. Disputes and applicable law
Article 1. Definitions For the purposes of these Terms and Conditions: Seller: Lornah Sports eg Buyer: the party of the Seller in an agreement referred to in Article 2.1 of these Terms; days: all calendar days except Saturdays, Sundays, January 1, Easter Monday, Ascension Day, Whit Monday, the first and second Christmas day, the days as national holidays by the Government or to be proclaimed, and the day on which HM birthday Queen is celebrated; days: all calendar days
Article 2. Applicability and validity 2.1 These Terms apply exclusively to all offers and agreements under which the Seller sells and delivers goods of any kind. 2.2 Deviations from and additions to these Terms and Conditions or the agreement shall be valid only if and to the extent that they are expressly confirmed in writing by the Seller. Any purchase or other conditions of the Buyer shall only apply if expressly agreed in writing that the exclusion of these Terms and Conditions apply to the Agreement applies.
Article 3. The formation of contract 3.1 All quotations issued by the Seller, quotations, etc. are non-binding unless the contrary is expressly and in writing. 3.2 The (purchase) agreement comes into effect if placed an order by the Buyer to the Seller, and this order is accepted by the Seller and / or confirmed in writing. Orders placed by the Buyer by phone, email or other remote means, are established by written confirmation by the Seller, unless the Purchaser within two working days after receipt of written confirmation in writing reports that the attachment does not give an accurate representation of what is agreed. 3.3 Buyer and / or Seller is bound by agreements concluded by authorized persons and persons with whom the Seller and / or / Purchaser might assume that they were authorized.
Article 4. Delivery and risk 4.1 The goods will be delivered on or be sent for delivery to the agreed place or places in the manner as provided in the order or subsequently agreed in writing by the Seller. 4.2 The transport of the goods shall be borne by the Seller unless the order amount of goods is lower than an amount to be determined by the Seller set, in which case the transport shall be borne by the Buyer. Intended advance amount is at the discretion of the Seller, provided that this amount, depending on price and volume will amount to a maximum of 250 Euro. 4.3 Buyer is obliged to purchase the goods at the agreed location / place at the time when the Seller delivers them or has them delivered, or the moment at which the goods are made available under the agreement. Copper remains relevant in default, then the resulting costs for his account. 4.4 The risk of the goods passes to the Buyer at the time they are delivered to the Buyer and / or legal fact, and in the power of the Buyer or a third party designated by the Buyer to be. 4.5 Seller is obliged to pack the goods properly and conveniently. 4.6 If the transportation expense of the Buyer shall be made and Buyer requests the Seller to arrange transport, the provisions of Article 4.4. unaffected.
Article 5. Delivery / delivery on call 5.1 Seller shall deliver the goods at the time / the time or immediately after the end of the delivery period / dates of that resp.die determined is / are in the order. If a delivery is agreed commence on the date on which Purchaser has geplaatst.Verkoper the order if a delivery is exceeded, the right, without being obliged to pay compensation, the goods within 15 working days after the delivery date yet to be delivered. If the Seller after this additional (after) delivery business has not delivered, the Buyer shall be entitled, without notice or judicial intervention to terminate the agreement. Dissolution of the agreement in writing only. This dissolution can also extend over cases which had been delivered under the same agreement, if that matters according to agreement (order confirmation) as a set should have been delivered. In such a situation (s) Buyer is responsible to the Seller for the account and risk of returning the goods and Vendor payments, which he could have done these things, to recover. 5.2 If goods ordered for Copper are available but are not accepted by the Buyer, the Seller may: - Whether the goods to be delivered by written notice from the Seller, in which case the goods from the time of dispatch of the notice to Seller or stored at the conveyor, so the risk and expense, also including the risk of loss of quality of copper. - Either the agreement with the Purchaser to fully or partially dissolve in the manner set out in Article 9 below, and the goods to (a) third party (ies) to sell and deliver. In that case the Buyer, if the Seller as a result of the non acceptance by the Buyer suffers damage in any way liable for this damage. 5.3 If no dates have been set for delivery on demand for the calls, the Seller three months after the order is entitled to full payment. If within three months yet or have not already ordered is called, the Seller has the right to summon the Buyer in writing that writing a term will indicate within which the total amount will be called, which summons the Buyer within five working days to comply, and the uncalled business with effect from the first day following the period of three months at the Seller or stored the conveyor, this at the expense and risk, including the risk of loss of quality of the Buyer. The giving by the Buyer after the summons shall not exceed a period of three months.
Article 6. Prices, invoicing and payment 6.1 All prices agreed by the Seller and Buyer are net and exclusive of VAT, unless explicitly stated otherwise. Billing occurs at the prices prevailing on the day of delivery. 6.2 The Seller shall be entitled, if the invoice value of a delivered lot is less than 350 Euros for administration to charge a surcharge of up to 10 Euro charge. 6.3 Unless expressly agreed otherwise in writing Seller grants to Buyer the following payment discounts: - Cash on delivery: 2% of the net invoice amount; - For payment within 10 days after the invoice date: 1.5% of the net invoice amount; - If paid within 30 days of invoice date: net 6.4 Payment must be made within 30 days after the invoice date, without prejudice to the right of the Seller at the conclusion of the agreement to stipulate a down payment. Copper, however, be entitled to suspend payment if it discovers a defect in the goods. Buyer is required within the payment to the Seller in writing notify. Exercise of the right of suspension is limited to the amount corresponding to the price of the goods, which do not / have not been properly delivered to the Purchaser. 6.5 Payment can also be demanded in partial deliveries. 6.6 Subject to paragraph 4, Buyer, if he sums not paid in full within the agreed period after the expiry of this period in default, without any notice is required. In that case the Buyer, from the date on which it is owed become due until the date of payment on the outstanding amount an interest rate equal to the statutory rate, without prejudice to the other rights of the Seller. 6.7 If the Buyer fails to pay the amounts due within the agreed period, the account is also entitled Seller judiciary or through the FGHS make cash, in which case all related costs, which are set at a minimum of ten percent of the claim, shall be borne by the Buyer.
Article 7. Force Majeure 7.1 Force majeure shall mean any circumstance which the Seller, respectively. Buyer could reasonably disregard and due to which the normal execution of the agreement can not reasonably be required by the other party. 7.2 Seller respectively. Copper, the other party shall promptly notify in writing if joined him for doing a case of force majeure. 7.3 In case of force majeure, the other party can not claim any compensation. 7.4 In case of force majeure should be an arrangement made by the parties regarding the implementation of the agreement. 7.5 If an event of force majeure leads to exceeding the agreed date or period, including any delivery period of 15 working days, the other party shall, notwithstanding the provisions of paragraph 4, the right to terminate the agreement by giving written statement. This termination does not extend to matters that have already been made, except those things that should have been delivered as a set according to that contract (in accordance with Article 5.1).
Article 8. Retention of title and other securities 8.1 Without prejudice to the provisions in these Conditions, all by the Seller at any time ownership of goods supplied by the Seller until payment by the Buyer all the claims of the Seller to the Buyer, which fall within the scope of Article 92 of Book 3 of the Civil Code, on any ground whatsoever and regardless of the due date, including interest and costs, are offset. Buyer is before full payment is not authorized to pledge the goods to third parties or their ownership transfer, except the goods supplied by the Seller, which transfers the Purchaser under normal business. In case of violation thereof, and in the case of total or partial applicability of Article 9, the Seller is entitled to all goods supplied by the Seller, without any authorization from the Buyer or the judge is required to do so, to take back or do retrieve the place where the goods are located. Also Any claims of the Seller immediately due. 8.2 In the event the Seller shall be expressed in paragraph 1 shall exercise rights Copper give his unconditional and irrevocable consent to the Seller or by a third party designated to all those sites and locations where are property of Seller (may) be, and to that property to carry.
Article 9. Suspension and termination 9.1 If Buyer or Seller any obligation of any agreement fails to his party , he has fallen into receivership or threatens to fall , he is declared bankrupt , he decides to liquidate his business, or Seller or Buyer obtains information indicating a reasonable assurance that the Buyer or Seller may not be able to meet its obligations, Seller or Buyer is entitled to terminate all existing agreements at that time without judicial intervention, to suspend or wholly or partly by registered mail or to declare dissolved , without prejudice to other legal rights of Seller or Buyer in such a case . 9.2 By dissolution, mutual claims due immediately.
Article 10. Advertising 10.1 The Purchaser shall observe the rules on the method of storage and handling of the goods delivered in eight. Buyer inspects the goods upon delivery or as soon as possible and to the extent that it reasonably and / or may be required according to use him. 10.2 Complaints concerning deliveries must be made in writing by the Buyer and the Seller directly. With visible defects have been complaints within 8 days of receipt of the goods in the possession of the Seller; if Copper deficiency reasonably could only discover later (= hidden defects) within 8 days after discovery of the defect. The advertisement must be made by written detailed statement of the nature and cause of the complaints and by the packing slip and stating the invoice number. By filing a claim, the payment obligation in respect of the Article suspended matters in dispute 6.4. 10.3 If a complaint is justified, the Seller is obliged to repair the defective product, or to replace other matters in accordance with orders, provided the redelivery occurs: - If the claim relates to visible defects: before the delivery date, or before the end of the delivery, plus the duration of the delivery period, if it is justice, or within 10 days after the goods have been returned; - If the claim concerns hidden faults: within 10 days after the goods are returned, but not later than 15 days after delivery or no later than 15 days after the delivery date or after the delivery. 10.4 Is (timely) redelivery ex Article 10.3 is not possible, the Buyer is entitled without notice or judicial intervention the contract as dissolved be-fireplaces. The provisions of Article 5.1 to this dissolution by analogy. 10.5 Returns associated with advertising, not preceded or accompanied by the information mentioned in the second sentence of paragraph 2 are not allowed. If the Buyer nevertheless violate this rule Tribunal shall return, or Tribunal shall unfounded return, they are, if they are not rejected by the Seller, at the expense and risk of Buyer kept available to the Purchaser, without creating any recognition of the correctness of any warranty claims can be derived. The cost of unwarranted returns shall be borne by the Buyer.
Article 11. Guarantee and Liability 11.1 Notices by or on behalf of the Seller regarding the quality, composition, application possibilities, properties and handling of delivered goods shall only apply as guarantee if it expressly and in writing in the form of a guarantee have been confirmed by the Seller. 11.2 If the Purchaser during the warranty period carries without prior permission from Seller repairs or changes or have performed, the warranty obligation shall cease immediately. 11.3 Seller shall only be liable for damage to goods or persons that may arise for the Buyer, its employees or its customers from or as a result of measures where these are to be regarded as a form of breach of contract or tort of Seller, its personnel or of other persons by the Seller in the execution of the order in question. 11.4 Seller shall indemnify Buyer against third party claims for damages as referred to in the first paragraph. If brought by a third party claim in this matter against the Buyer, the Buyer shall notify Seller thereof without delay send them the necessary information. For the rest Purchaser will of any act in this case unless it gives its consent Seller or Seller fails to avert the claims of the third.
Article 12. Return of non defective items 12.1 The Buyer shall return shipments of non-defective items free of charge, and send accompanied by a written explanation. This explanation shall in any case the date on which the Buyer has bought the relevant business of the Seller, and the date and specifying the number of the invoice of the Seller. 12.2 Crediting of returned goods will only take place if the goods concerned are still suitable for sale, at the discretion of the Seller. 12.3 Notwithstanding the preceding crediting shall take place on the following basis: a. to be returned must be packed undamaged and in original packaging; b. Textile: - To return within one month after delivery: 50% of the net invoice amount; - To return within one and three months after delivery: 25% of the net invoice amount; c. for other than textiles: - To return within three months after delivery: at most 75% of the net invoice amount; - To return within three and six months after delivery: 50% of the net invoice amount; - To return within six and twelve months after delivery: at most 25% of the net invoice amount; d. Copper remains the amount remaining after crediting, a case unless expressly agreed otherwise in writing.
Article 13 Adaptation agreements Changes and additions to concluded agreements are valid only if expressly agreed in writing by Seller and Buyer. Article 14. Disputes and applicable law 14.1 All disputes relating to a contract or the performance of a contract between Buyer and Seller, which can not be resolved by mutual agreement between the parties, shall be submitted to the competent court in the jurisdiction in which Seller is established , unless the judge is authorized . Seller has the right , notwithstanding the foregoing, to submit a dispute to the competent court in whose district the Buyer is located. 14.2 The contract shall be governed between Buyer and Seller by Dutch law.