TERMS AND CONDITIONS

1. About SQUID Climbing

The webshop on www.squidclimbing.com is managed by SQUID Climbing (hereinafter referred to as we). We deliver the products that you buy in our webshop. We are established in Nijmegen, Chamber of Commerce no. 74289403. Our VAT-number is NL8598.39.916 B01.

If you’d like to get in contact with us, send an e-mail to info@squidclimbing.com

2. Personal data

We make use of your personal data according to the rules stated in our privacy policy.

3. Online ordering

You can place an order on our website. You will get the opportunity to check your order and make corrections if needed. The order is completed once you press the button “place order”. We confirm that we have received your order by sending you an automatically generated e-mail to the e-mail address provided by you. By doing so, we accept your order and agree to a purchase agreement.

The agreement exclusively applies to the specific products from the order which are stated in our confirmation e-mail. When the information in the confirmation email is incorrect, or when you are not happy with the details in this e-mail, then just contact us via info@squidclimbing.com

The contractual language is Dutch.

When accepting your order, we are legally obliged to deliver the products that we agreed upon with this agreement.

4. Prices and delivery costs

Information on this website regarding pricing is subject to alteration by us, without prior notification. The prices which were displayed at the time when the order was placed, are the prices which are applied to your order. Occasionally it might happen that products are priced incorrectly. In this case we are not obligated to deliver the products (based on the incorrect pricing) to you. We will either cancel your order and refund you the paid amount, or we will contact you with the question if you (based on the correct pricing) would like to continue with the order. In case we are not able to reach out to you or when you wish not to continue with the order (based on the correct pricing), we will cancel your order and refund you the paid amount. When the correct price of the products is lower than the price displayed by us, we can (as seen fit by us) continue with your order and settle the amount with you. 

Unless mentioned differently, all prices include VAT (if applicable). Delivery costs are not included in the displayed product prices. To find out what the delivery costs will be for you, see the delivery costs at the checkout screen. The delivery costs will separately be mentioned before you place your order, afterwards they will be confirmed by e-mail.

5. Availability and delivery

Information on this website regarding availability is subject to alteration by us, without prior notification. Availability is based on the actual stock. We cannot guarantee the constant availability of our products in our webshop. All orders are depending on the actual availability.

 

We deliver worldwide. We deliver the products ordered by you on the address communicated by you at the moment that you placed your order with us. Delivery will be made based on the information at the product page shown after your order has been accepted.

 

We will give it our best effort to deliver your products on the date that we agreed upon. In case that there is no date stated, the products will be delivered to you within 30 days after the day that you placed your order with us and we accepted it. 

 

In case of unexpected circumstances (for example weather conditions, unpredictable delays due to traffic jams, road works, detours or mechanical interruptions) we might not be able to deliver your order within the period that we agreed upon. We cannot be held accountable for any delays or for any delivery failure when any of the before mentioned circumstances fully or partially occur. In case a delivery does not take place, we will contact you and arrange an alternative delivery date in consultation with you. We cannot be held responsible for any delays in delivery caused by you not being home at the time of delivery. It is your own responsibility to contact the delivery service in subject to your order which could not be delivered because you were not at home.

6. Payment

Payment of products must occur following one of the procedures mentioned in the section about payment methods.

7. Right of withdrawal

You have the right to withdraw from this agreement within 14 days without stating any reasons. The withdrawal period will expire after 14 days from the day on which you or a third party you nominated and who is not the carrier received the good(s).  In order to exercise your right of withdrawal, you shall inform us (SQUID Climbing, Waalbandijk 14, 6545AJ, Nijmegen, e-mail: info@squidclimbing.com) of your decision to withdraw from this agreement by means of an unequivocal declaration (for example, in a letter sent by post or e-mail).  It shall be deemed sufficient for compliance with the withdrawal term, if you dispatch the notification of exercising the right of withdrawal before the withdrawal term has expired. 

 

Consequences of withdrawal

When you withdraw from this agreement, we are obligated to refund all of the payments that we have received from you, including delivery costs but excluding return costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and within no more than 14 days after receipt of your notification of withdrawal. For this refund, we will use the same payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.

 

You are obliged to return the goods without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal. The deadline will be upheld provided the goods have been dispatched within 14 days of the notification. We shall bear the direct costs for the return of the goods. 

 

You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the goods.

8. Guarantee

Without constraint by the right of withdrawal from article 7 you can return your product to us when the product that has been delivered is not the product that you have ordered, or when the product is damaged or defective or the number of products delivered is incorrect.

The warranty relating to products only applies to defects caused by faulty manufacture, construction, material. In case of clear damage to the product(s) due to transportation, we kindly ask you to notify this to the carrier if possible and directly contact us. It will not impact your legal rights in case you do not notify the carrier or do not contact us. However, by taking either one of the actions, you will help us to solidify our case against the carrier company.

 

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 improper use by the customer, or when the cause of the defect can not clearly be established.

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Once we have confirmed the defect or another problem, we will:

  • Take care of a total refund

  • Take care of a total refund for the damaged or defective products if this is reported within reasonable time after we confirmed your order, or

  •  Based on your decision, we repair or replace the products on our expenses (including delivery costs). 

 

We will keep you updated about the refund within a reasonable period of time. Normally we process the request for a refund as soon as possible and in no case later than 30 days after you have received the confirmation via e-mail regarding the refund for your damaged or defective products.

 

9. Property

Purchased products will remain our property until the entire payment has been completed. Once the products have been delivered to you or to a third party who receives the product on behalf of you, the risk for the product belongs to you and you are legally responsible for it.

 

10. Responsibility

Unless the undermentioned expressly states different than agreed upon, the legal regulation on responsibility applies. 

The above mentioned limitations and shortened terms do not apply for claims based on damage done by ourselves, our legal representatives or agents:

  • In case of damage to the body, live or health.

  • In case of purposely or roughly negligent default of duty and in case of bad faith.

  • In case of fundamental breach of the agreement, from which the compliance is indispensable for a decent execution of the agreement and on compliance from which the other party with an agreement normally can trust. 

– in the framework of any given guarantee, as so far agreed upon.

 

11. General

In case any of the conditions in these terms and conditions is not valid or not permissible, then that does not mean that it limits the function of the other conditions. 

We can alternate or change these terms and conditions over time without any prior notification. See our website frequently to be aware of the terms and conditions that apply at this moment.

 

12. Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties. The Dutch court in the district where SQUID Climbing is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

13. Online dispute settlement

In case you are unable to solve your problem with us: visit http://ec.europa.eu/consumers/odr/. The European commission offers a platform that helps to settle your disputes. All consumers have the possibility to make use of this platform.