Terms of service

Index

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a consumer obtains products via a distance contract, and a trader or a third party delivers these products in accordance with an agreement between that third party and the trader;
  2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  6. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
  7. Trader: a natural or legal person who offers products to consumers from a distance;
  8. Distance contract: a contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  9. Model form for right of withdrawal: the European model form for right of withdrawal as included in Appendix I of these terms and conditions.

Article 2 – Identity of the trader

Squashpoint
Bloemendalstraat 19, 6291 CL Vaals, The Netherlands
Email: service@squashpoint.com
Websites: www.squashpoint.co.uk and www.squashpoint.ie
Chamber of Commerce number: 69224773
VAT identification number: NL857790559B01

Squashpoint can be reached by email at service@squashpoint.com. We aim to respond to all enquiries within one business day.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by Squashpoint and to every distance contract concluded between Squashpoint and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection and that they will be sent free of charge to the consumer at the consumer's request.
  3. If the distance contract is concluded electronically, the consumer will be provided with the text of these general terms and conditions electronically before the contract is concluded, in such a way that the consumer can easily store them on a durable data carrier.

Article 4 – The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

Article 5 – The contract

  1. The contract will be concluded at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
  4. The trader will send to a consumer, at the latest when delivering a product, the following information in writing or on a durable medium:
    1. the address of the trader's business location where the consumer can lodge complaints;
    2. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so;
    3. information on guarantees and existing after-sales service;
    4. the price including all taxes; delivery costs where applicable; and the method of payment and delivery;
    5. if the consumer has a right of withdrawal, the model form for right of withdrawal.

Article 6 – Right of withdrawal

  1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, within 30 days of receiving the product. The trader may ask a consumer for the reason of dissolution, but the consumer is under no obligation to state his/her reason(s).
  2. The 30-day withdrawal period commences on the day after the product was received by the consumer or a third party designated by the consumer (other than the carrier), or:
    1. if the consumer has ordered several products in one order: the day on which the consumer received the last product;
    2. if the delivery of a product involves different deliveries or parts: the day on which the consumer received the last delivery or the last part.
  3. If the trader did not provide the consumer with the legally required information about the right of withdrawal, or did not provide the model form, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period. If the trader provides this information within those twelve months, the withdrawal period ends 30 days after the day on which the consumer received the information.

Article 7 – Customers' obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary to assess the nature, characteristics and functioning of the product — in the same way as would be permitted in a physical shop.
  2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in value if the trader did not provide the legally required information about the right of withdrawal before the contract was concluded.

Article 8 – Customers who exercise their right of withdrawal and the costs involved

  1. A consumer who wishes to exercise his right of withdrawal must notify Squashpoint within the withdrawal period by completing the model withdrawal form or by sending an unequivocal written statement to service@squashpoint.com.
  2. After notifying Squashpoint, the consumer must return the product as quickly as possible and in any event within 14 days. The consumer will have complied with the return deadline if the product is sent back before the 14-day period has expired.
  3. The consumer returns the product with all accessories included, and where reasonably possible in the original state and packaging, in accordance with any reasonable instructions provided by Squashpoint.
  4. The risk and burden of proof for exercising the right of withdrawal correctly and on time rest with the consumer.
  5. Returns are free of charge. Squashpoint bears the direct costs of returning the product. A prepaid return label will be provided upon request.
  6. If a consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Traders' obligations in case of withdrawal

  1. Upon receiving a withdrawal notification, Squashpoint will send immediate confirmation of receipt.
  2. Squashpoint will reimburse all payments made by the consumer, including standard delivery costs, within 14 days of receiving the withdrawal notification. Squashpoint may withhold reimbursement until the returned product has been received, or until the consumer provides proof of return, whichever is earlier.
  3. Reimbursement will be made using the same payment method as the consumer's original payment, unless the consumer agrees otherwise. Reimbursement is free of charge for the consumer.
  4. If the consumer chose a more expensive delivery method than the cheapest standard option offered, Squashpoint is not obliged to refund the additional costs.

Article 10 – Precluding the right of withdrawal

The right of withdrawal does not apply to:

  1. Products manufactured to the consumer's specifications or clearly personalised (for example, rackets strung to a specific tension or with custom grip tape applied on request);
  2. Products that have been used, worn, or show signs of use beyond what is needed to assess the product as described in Article 7.

Article 11 – The price

  1. During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for changes in VAT rates.
  2. Price increases within 3 months after the contract was concluded are only permitted if they result from statutory regulations or stipulations.
  3. All prices stated include VAT and are shown in the currency of the relevant market.

Article 12 – Contract fulfilment and extra guarantee

  1. Squashpoint guarantees that all products conform to the contract, the specifications stated in the offer, and reasonable requirements of reliability and serviceability, in accordance with applicable statutory regulations.
  2. Any extra guarantee offered by Squashpoint, a manufacturer or importer does not affect the statutory rights a consumer can enforce against Squashpoint if Squashpoint fails to fulfil its obligations under the contract.
  3. An extra guarantee means any commitment by Squashpoint, its supplier, importer or manufacturer that grants the consumer rights or claims beyond those provided by law.

Article 13 – Delivery and implementation

  1. Squashpoint will take the greatest possible care when receiving and processing orders.
  2. The place of delivery is the address provided by the consumer when placing the order.
  3. Accepted orders will be dispatched as quickly as possible, and at the latest within 30 days, unless a different delivery period has been agreed or is clearly stated in the offer. If delivery is delayed or cannot be fulfilled (in full or in part), the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the order free of charge and to claim damages where applicable.
  4. Following cancellation in accordance with the previous paragraph, Squashpoint will refund any amount already paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with Squashpoint until the moment of delivery to the consumer or a representative designated by the consumer, unless explicitly agreed otherwise.

Article 14 – Payment

  1. Payment is due at the time of ordering. Squashpoint uses secure payment providers and does not store payment card details.
  2. When selling products to consumers, Squashpoint will never require an advance payment of more than 50% of the total order value.
  3. The consumer is obliged to report any inaccuracies in payment information to Squashpoint immediately.
  4. If a consumer fails to meet payment obligations in good time, and after being notified of the late payment has been given a 14-day period to pay, Squashpoint is entitled to charge statutory interest and reasonable extrajudicial collection costs. These costs are at most: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40.

Article 15 – Complaints procedure

  1. Squashpoint has a complaints procedure and will handle all complaints accordingly.
  2. If a consumer has a complaint about a product or the service provided, he should contact Squashpoint as soon as possible at service@squashpoint.com, with a full and clear description of the complaint.
  3. Complaints will be responded to within 14 days of receipt. If a complaint requires more time to process, Squashpoint will confirm receipt within 14 days and indicate when a substantive response can be expected.
  4. If a complaint cannot be resolved by mutual agreement within 4 weeks, it becomes a dispute subject to the disputes settlement procedure set out in Article 16.

Article 16 – Disputes

  1. All contracts between Squashpoint and the consumer are governed by Dutch law.
  2. Consumers resident in another EU member state, the United Kingdom or another country may also rely on the mandatory consumer protection provisions of their own national law, where those provisions offer greater protection than Dutch law.
  3. Disputes may be submitted to the competent court in the Netherlands, or to an alternative dispute resolution body where applicable.

Article 17 – Additional or different stipulations

Any stipulations that differ from or supplement these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium.

Appendix I: Model form for right of withdrawal

Model form for right of withdrawal

(Complete and return this form only if you wish to withdraw from your order.)

– To: Squashpoint, Bloemendalstraat 19, 6291 CL Vaals, The Netherlands
Email: service@squashpoint.com

– I/we* hereby notify you that I/we* wish to withdraw from the contract for the sale of the following product(s): [description]*

– Ordered on* / received on*: [date]
– Consumer name(s):
– Consumer address:
– Consumer signature (only if submitting this form on paper):
– Date:

*Delete as applicable.

Sign up for our newsletter

Stay updated on new gear, restocks and exclusive deals.

For squash players who don't want to miss a thing.