Terms and Conditions
General terms and conditions of sale and delivery of www.SuppsArena.com.
Article 1. General
1.1. These terms and conditions apply to all offers and agreements of purchase/sale of goods and/or of assignments and services of www.SuppsArena.com.
1.2 Additions or deviations from these terms and conditions must be agreed in writing and only apply to that agreement for which they were made.
1.3. The rights and obligations arising from agreements between Supps Arena and the other party cannot be transferred by the other party to third parties, unlesswith the written permission of Supps Arena
1.4 Contrary to the following general terms and conditions, including those of the other party, will not be accepted by Supps Arena, unless otherwise agreed in writing and confirmed by Supps Arena
Article 2. Offers
2.1. All offers are without obligation and are valid while supplies last. An offer that contains a term can nevertheless be revoked by Supps Arena, even after receipt of the order provided that within 5 working daysof receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in pricelists or on the internet (website), quotations and otherdocuments are only informative. Although the main characteristics of products are presented as accurately as possible, they have the character of an approximatedesignation and do not bind Supps Arena.
Article 3. AGREEMENTS
3.1. An agreement is only deemed to have been validlyconcluded after Supps Arena has confirmed the order in writing. The content of the agreement is determined by Supps Arena 's quotation and/or order confirmation and these general terms and conditions.
3.2 If – after the assignment has been issued – an additional assignment is awarded, the originally agreeddelivery time will lapse.
3.3. The Other Party and Supps Arena expressly agreethat by using electronic forms of communication, a valid agreement will be concluded as soon as the conditions set out in Articles 3.1 and 3.2 have been met. Especially the lack of a signature does not detract from the binding force of the offer and its acceptance.
3.4 Shipping charges are variable and will be calculatedat the checkout.
3.5 Goodies (any free products that Supps Arena can send with the order) cannot be exchanged or exchangedfor money or shop credit.
Article 4. Prices
4.1. All quotations and the prices shown by SuppsArena are in euros and including VAT and other costscovered by the agreement, such as levies.
4.2. Delivery charges are not included in the priceunless otherwise indicated.
4.3. If after the conclusion of the agreement the pricesof materials, taxes and/or other factors that alsodetermine the price of the goods undergo a change, Supps Arena is entitled to make these price changes. Price changes of more than 10% entitle the other party to dissolve the relevant agreement, provided that this is done in writing and within seven days of receipt of the relevant communication. A dissolution such as the aforementioned does not entitle the other party to compensation for any damage.
4.4 It may happen that the stated price is incorrect and there is an unrealistic offer. If this is the case, SuppsArena can decide to still charge you the right price. In that case, the customer has 14 days to dissolve the purchase provided that products have not been used.
Article 5. PAYMENT
5.1. For orders made via the internet site, payment can be made using the payment options stated on the site. When paying using a credit card or electronic paymentmethod issued by a third party, the terms and conditionsof the relevant card issuer or bank apply. Payment by invoices is only possible if expressly agreed and thentakes place within 14 days of the invoice date.
5.2. The other party is in default after the expiry of the payment term referred to in paragraph 1 of this articlewithout a notice of default being required, regardless of whether or not the excess thereof can be attributed to the other party.
5.3. Without prejudice to the rights further due to it, Supps Arena is then entitled to calculate the statutory(commercial) interest on the outstanding amount, to be calculated from the relevant due date.
5.4 All extrajudicial and judicial costs incurred by Supps Arena in the context of a dispute with the otherparty, both claimant and defendant, shall be borne by the other party.
5.5. Incoming payments are intended to pay the oldestoutstanding items- interest and costs, even if the otherparty declares otherwise in this regard.
Article 6. COOLING OFF PERIOD AND WITHDRAWAL
General
6.1. For the purposes of this Article, the following terms shall mean the following:
Consumer: Counterparty who is a natural person actingfor purposes outside his business or professional activity.
Cooling-off period: the period within which the Consumer may invoke the right of withdrawal.
Right of withdrawal: the right to terminate the distancecontract within the Cooling-off Period in accordancewith this Article 6.
Distance contract: the agreement concluded betweenSupps Arena and the Consumer within the framework of an organized system for distance selling or services without the simultaneous personal presence of SuppsArena and the Consumer and whereby, up to and including the time of the conclusion of the agreement, exclusive use is made of one or more means of distancecommunication.
6.2 The Consumer can withdraw a distance Contract concluded by him without giving reasons until a periodof 30 days (the Cooling-off Period) has expired. Non-consumers are excluded from this right. The Consumer is subject to the burden of proof for the correct and timely exercise of this right.
6.3 The Cooling-off period referred to in Article 6.1 begins:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, received the item; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, hasreceived the last item, if the Consumer has orderedseveral items in the same order that are deliveredseparately; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, hasreceived the last shipment or part if the delivery of an item consists of several shipments or parts; or
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, hasreceived the first item for an agreement that extends to the regular delivery of goods for a certain period of time.
Invoking right of withdrawal
6.4 The Consumer can invoke the Right of Withdrawalby submitting the model withdrawal form (Annex 1 to these terms and conditions) to Supps Arena before the end of the Cooling Period or in another unambiguousway, for example via info@suppsarena.com SuppsArena may ask for the reason for withdrawal, but it is not mandatory to answer it. The Consumer must indicate the relevant order number and the relevant products upon withdrawal. The Consumer can alsoinvoke the right of withdrawal before the product hasbeen received
6.5 Supps Arena will immediately send an acknowledgment of receipt upon receipt of this notification.
6.6 The Consumer is obliged to handle the product carefully during the Cooling-off Period. The Consumer may view and try on the product but not put it into use. It must be returned undamaged, complete and if reasonably possible in the original packaging. For garments, the label must still be attached.
6.7 The Consumer is only liable for depreciation of the product resulting from handling the product beyondwhat is necessary to establish its nature, characteristicsand functioning.
6.8 Unless Supps Arena has offered to collect the goodsdelivered on the basis of the dissolved agreement itself, the Consumer shall immediately and in any case within30 (30) days of the issue of the declaration of withdrawal return the goods received by him or hand them over to Supps Arena or to a person authorized by Supps Arena to receive the goods.
6.9 The Consumer bears the direct costs of returning the item, unless Supps Arena has failed to inform the Consumer that he must bear these costs.
6.10 If a complete order is returned, any deliveredgoodies must also be returned. If these are not returned, they may be charged.
Right of withdrawal refund
6.11 Supps Arena will reimburse all payments receivedfrom the Consumer under the dissolved agreement, including the delivery costs, without delay, after dissolution, without delay but no later than 14 (fourteen) days after the day of receipt of the declaration of the declaration of dissolution. Supps Arena uses the samemeans of payment as has been used by the Consumer for this, unless the consumer has expressly agreed to another means of payment and on the understanding that the Consumer must not have any costs as a result. Without prejudice to the foregoing, Supps Arena is not obliged to refund the additional costs if the Consumer has expressly opted for a method other than the least expensive method of Unless Supps Arena has offered to collect the goods delivered on the basis of the dissolvedagreement itself, Supps Arena may postponereimbursement until the goods have been received or the Consumer has demonstrated that he has returned the goods, whichever is the earlier.
6.12. In the event of cancellation by non-consumers, all costs incurred by Supps Arena in respect of the order or assignment as well as the lost profit are immediatelydue and payable, with a minimum of 10% of the principal sum, to be increased everything to the extentnecessary by any damage suffered by Supps Arena as a result of the cancellation.
6.13. If the total value of the order falls below €40 after the return, Supps Arena is authorized to still calculatethe shipping costs of € 5.95.
Excluded from Right of Withdrawal
6.14 A right of withdrawal does not apply to:
Article 7. DELIVERY TIME, DELIVERY, RISK
7.1 In principle, Supps Arena strives to ship orders placed before 16:00 on a business day the same day. The delivery period mentioned in the offer and/or the order confirmation or agreed does not count as a fatalterm and are only approximate, even if it has been expressly accepted by the other party.
7.2 In the event that the other party is not found at home at the time of delivery, the goods will be offered againthe next day. In both cases, a note is left informing that delivery can be up at the post office. If a package is refused at the door or is not picked up, it will be sent one more time in consultation with the customer. If this package is then refused again or not picked up, we willcharge a contribution to the return costs of € 4 or € 5.
7.3 Different conditions may apply to deliveries abroad.
7.4 The aforementioned or agreed delivery period willin any case, but not exclusively, automatically be extended by the period(s) during which:
- there is a delay in manufacture and/or shipment and/or any other circumstance temporarily preventing the execution, regardless of whether this can be attributed Supps Arena
- the other party fails to fulfil one or more obligations towards Supps Arena or there is a well-founded fear that he will fall short of this, regardless of whether the reasons for this are well-founded or not;
- the other party does not enable Supps Arena to executethe agreement; this situation occurs, among other things, if the other party fails to communicate the place of delivery.
7.5 The other party must accept and check the goodspurchased from Supps Arena (see warranty). If these goods are refused by the other party or delivery provesimpossible, the goods can be stored by Supps Arena, at the expense and risk of the other party. The costs for storage are borne by the other party. Supps Arena willclaim performance but reserves the right to dissolve the agreement without judicial intervention, without prejudice to Supps Arena 's right to compensation.
Article 8. EXECUTION OF THE AGREEMENT
8.1. Supps Arena will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2 Supps Arena is entitled to outsource the agreement or parts thereof to or have it performed by third partieswho are not employed by Supps Arena without the consent of the other party. Supps Arena is furtherentitled, without the consent of the other party, to transfer all or part of the agreement to annoteer party.
8.3 The other party ensures that all data, which SuppsArena indicates is necessary or of which the other party should reasonably understand that they are necessary for the execution of the agreement, are provided to SuppsArena in a timely manner. If the information necessaryfor the execution of the agreement has not been provided to Supps Arenain a timely manner, SuppsArena has the right to suspend the execution of the agreement.
Article 9. Warranty
9.1 Supps Arena guarantees that the goods are in accordance with the specifications stated in the offer and are in accordance with the reasonable requirementsof reliability and/or usability. Only if this has been specifically agreed with Supps Arena does Supps Arenaguarantee that the things are suitable for different thannormal use.
9.2 If a product is unusable due to damage duringshipping, or does not correspond to the ordered, the other party has the option to return this product in a timely manner.
9.3 The other party is obliged to read and follow the manufacturer's information and advice attached to the products before using the delivered products.
9.4 We follow the law. It differs for Consumers and not Consumers. In any case, warranty is not provided if:
- the delivered goods show one or more imperfectionsor deviations that fall within a reasonable tolerance;
- the goods have been used for a purpose other than that for which they are normally intended or have been used, stored or transported improperly in the opinion of SuppsArena,
- the damage was caused by negligence on the part of the other party or because the other party has actedcontrary to instructions, instructions and advice from Supps Arena ;
- the other party has not fulfilled its obligations towardsSupps Arena (both financially and otherwise).
9.5 If the other party invokes a warranty in writingwithin 5 days of receipt, and for Consumers within 6 months of purchase, and this appeal is found to be well-founded by Supps Arena Supps Arena, Supps Arenawill, at its option, not replace the defective goods (or parts thereof) (after which the replaced goods becomeits property) or grant a price reduction.
9.6 Handling a claim for a guarantee does not suspendthe payment obligation of the other party.
9.7 If a complaint is paid to outside the cases describedabove, this is completely unmandatory and the otherparty cannot derive any rights from it.
Article 10. INSPECTION
Things are checked by Supps Arena before delivery. The other party has, at its own expense, the right to inspect the goods on time and place by Supps Arenabefore delivery.
Article 11. FAILURE TO FULFILL/DISSOLUTION/S SUSPENSION
11.1 Supps Arena is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend the execution, without prejudice to the otherwise rights to it (to performance and/or compensation), if:
- the other party acts contrary to any provision of the agreement between the parties;
- the other party dies, applies for suspension of paymentor files a declaration of bankruptcy or bankruptcy of the other party is filed for;
- any asset of the other party is seized;
11.2 The provisions of paragraph 1 of this article applymutatis mutandis if, after being invited to do so in writing, the other party has not provided appropriatesecurity within seven days in the opinion of SuppsArena.
Article 12. RETENTION OF TITLE
12.1 COD delivery is subject to retention of title. The property will then only be transferred after full payment.
Article 13. liability
13.1 Supps Arena is not liable for damage caused as a result of any shortcoming in the fulfillment of itsobligation(s) towards the other party. The fulfillment of the obligations under warranty as described in Article 9 for this is the sole and total compensation. Any otherclaim for damages, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Supps Arena or managerial subordinates.
13.2 Supps Arena also not liable for the actions of (non-managerial) subordinates or of others that it hasengaged in the context of the execution of the agreement.
13.3 Supps Arena is not liable for, advice provided by or on behalf of it.
13.4 The other party must always give Supps Arena the opportunity to settle a complaint, otherwise the liabilitystatement and therefore the compensation will lapse.
13.5 If Supps Arena is nevertheless liable, liability (for whatever reason) is limited to the amount that SuppsArena has received from the other party under the relevant agreement. In any case, Supps Arena is never obliged to pay more than € 1,000 (one thousand euros).
Article 14. FORCE MAJEURE
14.1 Force majeure is understood to mean anycircumstance beyond the control and control of SuppsArena., foreseeable or not at the time of entering intothe agreement, as a result of which compliance cannotreasonably be required of Supps Arena, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, hacking, ICT malfunctions, work strikes, lockout or lack of personnel, quarantine, epidemics, pandemics, frost loss, shortcoming of third parties engaged by Supps Arenafor the execution of the agreement (such as late deliveryby suppliers), decisions of supply services to stop, etc.
14.2 Force majeure gives Supps Arena the right eitherto terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. The other party is also obliged to pay with regard to the part of the agreement already executed.
Article 15. PARTIAL NULLITY
If one or more provisions of this agreement with the other party are not or are not fully legally valid, the other provisions will remain fully in place. Instead of the invalid provisions, the parties will enter intoconsultations about a replacement arrangement, whichis as close as possible to the intention of the parties and the economic result they pursue in a legally effectivemanner.
Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, JURISDICTION
16.1 The place of business of Supps Arena is the placewhere the other party must comply with its obligations towards Supps Arena, unless mandatory provisionspreclude this.
16.2 All offers and agreements of Supps Arena are exclusively governed bylaw.
16.3 All disputes arising as a result of the agreement concluded between the other party and Supps Arena or from further agreements that may result from this willbe settled by court. If the other party is a consumer and this would lead to the jurisdiction of a court that wouldnot have jurisdiction under law, that other party has one month, after Supps Arena has invoked this provision, to opt for settlement of the dispute by the competent court according to the law.
Article 17. Contact details.
E-mail: suppsarena@protonmail.com
Chamber of Commerce : 94321957
Vat: NL866732913B01
Phone : +31621100774
Opticare Ventures Group B.V.