General Terms and Conditions
General Terms and Conditions of Archery Service Center, located in Horst, The Netherlands
This version is updated in Juli 2021
1.1 These General Terms and Conditions apply to all offers and transactions of Archery Service Center. These Terms and Conditions are accessible for everyone and available on the website of Archery Service Center. Upon request, Archery Service Center will provide a hard copy version.
1.2 By ordering, you agree that these General Terms and Conditions will apply. Archery Service Center has the right to change these General Terms and Conditions for new orders at any time
1.3 Unless strictly agreed in writing any (General nor Specific) Terms and/or Conditions from third parties shall not apply for Archery Service Center.
1.4 Archery Service Center guarantees that delivered products comply with the purchase agreement and the specifications as offered in the offer.
2. Delivery conditions
2.1 All orders are subject to acceptance and product availability at Archery Service Center .
2.2 According to legal regulations applying to online deliveries, Archery Service Center will despatch orders within 30 days
2.2 If despatching within 30 days is not feasible (due to not in stock or no longer available in the market), or if there is any other reason for causing delay, or an order can not be despatched completely, the client shall be notified about this within 1 month after ordering. In that case, the client has the right to cancel the order without being charged or being notified of default.
2.3 As soon as the ordered goods are presented to the client once, subject to proof to the contrary, Archery Service Center is considered to have complied with its obligations for delivery.
2.4 Upon delivery at home, a report from the carrier, regarding the refusal of accepting the goods, serves as proof for the actual presentation.
2.5 If on the website of Archery Service Center delivery times are mentioned, they are to be considered as indicative.
Therefore, no claims can be derived from these mentioned periods
3.1 We guarantee there will be no nasty surprises with increases in offered prices as long as the offer is indicated valid (unless forced by change of legal measures or unforeseen increase of prices by the producer of the goods)
3.2 All stated prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All stated prices on the website are in EURO currency and shall be exclusive of Value Added Tax
(most goods 21%, books 9%, giftvouchers 0%)
4. Trial period / right of cancellation
4. 1In case of a purchase by a consumer, in accordance with the Distance Selling Act (Section 7: 5 of the Dutch Civil Code), the consumer has the right (without obligation to state the reason ) to return the delivered ( entire order or part of it ) within a period of 14 calendar days.
This period starts from the day of delivery of the products.
4.2 If the buyer has not returned the goods delivered to Archery Service Center after this period, the purchase agreement is a fact.
4.3 Before proceeding to return, the customer is obliged to report this planned return of goods in writing to Archery Service Center within the period of 7 calender days after delivery.
4.4 The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery.
4.5 The goods must be returned in the original packaging (including accessories and accompanying documentation). Goods shall be in new condition and shall not show any signs of use.
4.6 If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution expires (within the meaning of this paragraph).
4.7 Archery Service Center will ensure that within 30 days after the receipt of a return shipment, the full purchase amount (including the calculated shipping costs for delivery) will be reimbursed.
4.8 The return of the delivered goods is entirely for the account and risk of the buyer.
4.9 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by Archery Service Center.
4.10 For the latter services, where Archery Service Center only acts as an intermediary or agent, the general terms and conditions of said network operators will apply.
4.11 The right of cancellation does not apply to:
4.12 services for which the performance, with the consent of the consumer, has started sooner as a period of seven calender days
4.13 Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
4.14 Goods that have been specially made and personalized (for example, individual colors, cutted arrowshafts)
4.15 Goods or services that cannot be returned due to their nature, e.g. hygiene or goods that can deprave or age quickly
4.16 Audio and video recordings and computer software of which the consumer has broken the seal of the packaging
the delivery of newspapers and magazines;
the services of betting and lotteries
5. DATA Handling & Collection
5.1 If you place an order in the webshop of Archery Service Center, your provided details will be included in a customer database controlled by Archery Service Center. Archery Service Center adheres to the Data Protection Act (GRDP) and will not provide your information to third parties.
5.3 Archery Service Center in some cases uses a mailing list to sent you an email message. Each mailing sent contains instructions to remove your email address from this list.
6. Warranty for defective goods
6.1 Archery Service Center guarantees that the products it supplies meet the requirements of usability, reliability and service life as they are reasonably intended by the parties in the purchase agreement, and thereby vouches for the manufacturer's warranty of the product delivered to you.
6.2 The warranty period of Archery Service Center corresponds to the warranty period provided by the manufacturer. However, Archery Service Center is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Archery Service Center) must immediately report these defects in writing to Archery Service Center.
6.4 Any defects or incorrectly delivered goods must and can be reported to Archery Service Center in writing up to a maximum of 2 months after delivery.
6.5 Defective goods must be returned in the original packaging (including accessories and accompanying documentation). Goods shall be in new condition and shall not show any signs of use. Using of goods after the discovery of a defect, damage arising after the discovery of a defect, encumberment and/or resale after the discovery of a defect, completely voids this right to complain and return the goods
6.6 If complaints from the customer are found to be justified by Archery Service Center, Archery Service Center will, at its option, replace the goods delivered free of charge or make a written arrangement with the customer about the refund/compensation.
6.7 The liability of Archery Service Center and therefore the amount of the refund/compensation is always limited to the invoice amount of the goods in question, or (at Archery Service Center's option) to the maximum amount covered by the liability insurance policy of Archery Service Center in the case concerned.
6.8 Any liability of Archery Service Center for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.9 Archery Service Center is not liable for damage caused by intent or equivalent recklessness.
6.10 This warranty does not apply if:
A) and as long as the buyer is in default towards Archery Service Center;
B) the buyer has repaired and/or modified the goods himself or had them repaired or modified by third parties.
C) the goods have been exposed to abnormal conditions or are otherwise carelessly treated or have been treated contrary to the instructions of Archery Service Center and/or instructions stated on the original packaging;
D) the defectiveness is completely or partly the result of regulations that the government has (or will) set with regard to the nature or quality of the materials used;
7.1 Offers are without obligation unless otherwise stated in the offer
7.2 Upon acceptance of a non-binding offer by the buyer, Archery Service Center reserves the right to withdraw or deviate from the offer within the period of 3 calender days after receipt of that acceptance.
7.3 Verbal commitments only bind Archery Service Center after they have been explicitly confirmed in writing.
7.4 Offers from Archery Service Center do not automatically apply to repeat orders
7.5 Archery Service Center cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed/confirmed in writing.
8.1 An agreement between Archery Service Center and a customer is established after an order has been assessed for feasibility by Archery Service Center.
8.2 Archery Service Center reserves the right, without revealing any reason, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on the terms of cash on delivery or delivery after prepayment.
9. Images and specifications
9.1 All images (photos, drawings, etc.); data on weights, dimensions, colours, images of labels, etc. on the website of Archery Service Center are considered to be approximate only, are indicative and cannot give right for refunds, otherwise compensation or termination of the agreement.
10. Force of the majority
10.1. Archery Service Center is not liable if and insofar as its obligations cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at risk of Archery Service Center .
Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Archery Service Center as well as assistants, sickness of staff, defects in aids or means of transport are expressly considered as force majeure.
10.3 In the event of force majeure, Archery Service Center reserves the right to suspend its obligations and is also entitled to dissolve the agreement completely or partly, or to claim that the content of the agreement be amended in such a way that delivery/performance of the agreement remains possible.
Under no circumstances, Archery Service Center is obliged to pay any fine or compensation.
10.4 If at the commencement of the force majeure Archery Service Center has already partially met its obligations, or can only partially meet its obligations, Archery Service Center is entitled to separately invoice the delivered part and/or the deliverable part and the customer is obliged to pay this invoice as if it concerned it a separate contract.
However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Archery Service Center is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructionsin manuals, on the package and/or consult our website before use
12. Retention of title
12.1 Title to all goods sold and delivered by Archery Service Center to the customer remains with Archery Service Center as long as the customer has not paid the claims of Archery Service Center under the agreement or earlier or later similar agreements, as long as the customer continues or performed the work to be performed under these or similar agreements has not yet been paid and as long as the customer has not yet paid the claims of Archery Service Center for failing to fulfil such obligations, including claims for fines, interest and costs, one and others as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The items supplied by Archery Service Center that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
12.4 The customer gives unconditional and irrevocable permission to Archery Service Center or a third party to be appointed by Archery Service Center to, in all cases where Archery Service Center wishes to exercise its ownership rights, to enter all those places where its property will be located and to take those matters there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Archery Service Center as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection to Archery Service Center upon first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Archery Service Center and buyer that cannot be resolved in mutual consultation, the competent court within the Horst district takes cognizance, unless Archery Service Center prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court judge.
Archery Service Center’, ‘Archery Center ASC’, ‘Archery Learning Projects’ and ‘Marble Bow Strings’
are registered trade names of Archery Service Center
These Terms and Conditions do apply on transactions/agreements on behalf of all companies under these tradenames.