Terms of use

Welcome to www.sportbay.nl website (hereafter, “the Website”) operated by SPORTBAY. Access to and use of this Website and the products and services available through this Website are subject to the following conditions and notices (the “Terms of use”). By using the Website you agree to be bound by and accept without reservation all the Terms of Use. Therefore, you should read these terms and conditions carefully and visit this page regularly to take notice of any changes that might have been made.

1. General
1.1 We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
1.2 As a condition of using this Website, you agree that you will not use this Website for any purpose that is unlawful or prohibited by the Terms and Conditions. You will not: commit or encourage a criminal offence; download or upload material (including but not limited to computer viruses, corrupt files, or similar software) that may damage the operation of our or another’s computers; violate our or another’s rights, including but not limited to intellectual property, privacy, or publicity rights; hack into any aspect of the Service; corrupt data; or cause annoyance to other users.
1.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
1.4 This Website also contains links to other websites, which are not operated by SPORTBAY (the "Linked Sites"). SPORTBAY has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2. Order Processing
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. All orders are subject to availability and confirmation of the order price.
2.2 In order to contract with SPORTBAY you must be over 18 years of age and possess a valid means of payment acceptable to us. SPORTBAY retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
2.3 The “confirmation” stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance.
2.4 An acceptance of your order and the completion of the contract between you and us will take place on the dispatch of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns Policy). The confirmation will be sent to you by an e-mail.
2.5 You can always check the status of your order by visiting My account section.

3. Delivery
3.1 This Website delivers only to customers with addresses in Netherlands, Belgium, Luxembourg, France and Germany.
3.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the Netherlands and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
3.3 Delivery charges are specified in the Shipping Rates and Estimated Delivery Times section. The order confirmation letter will provide you with an estimated delivery time. Please mind that we make every effort to deliver goods within estimated time, however delays are occasionally inevitable due to unforeseen factors. www.sportbay.nl shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.4 After receiving an order, the customer must check the goods at the function and correctness. If the product arrives in damaged or visibly affected package, a customer is obliged to indicate it on a delivery note, which must be immediately returned to the carrier. In case of receiving damaged, defective or wrong product, the customer is obliged to notify SPORTBAY within 7 days of delivery. Such notification is done by filling the Return Form available at My account.
3.5 The risk of loss and damage of products passes to you on the date when the products are delivered to you in good order (no indication of damages on the delivery note).
3.6 An invoice is automatically generated after the order status has been changed to “sent”. It can be found at and downloaded/printed from the Order history at My account.

4. Payment and Prices
4.1 We accept the following payment methods: iDEAL, PayPal, direct bank transfer or cash on delivery.
4.2 All payments (except paying cash on delivery) must be made in advance. We will start processing your order immediately after we receive the full payment for the products ordered.
4.2 All prices are shown in EUR and include VAT at the applicable current rates but exclude delivery charges. Delivery costs can be found in Shipping rates section.

5. Returns, Cancellations and Replacements
5.1 www.sportbay.nl offers a 14-day money back guarantee, please refer to Returns Policy section. The customer covers all related shipping costs. Our 14-day money-back guarantee does not affect consumer’s statutory rights. Certain items are excluded from the guarantee with such information being clearly stated in the product description.
5.2 In the unlikely event that you receive faulty or damaged goods, please refer to our Returns Policy section. We will do our best to compensate for the inconveniences, paying the full price of returning the product or finding a suitable replacement.
5.3 Due to the constant product development, our suppliers or manufacturers may happen to change certain specifications of their products (colour, design elements, etc.) or may be not able to provide us with the product ordered. In such circumstances we will offer you a replacement of the same or a better quality for the same price. If you are not happy with the replacement you can return the item in accordance with Returns Policy.
5.4 When returning products, the customer must strictly follow the conditions below:
5.4.1 The return must be registered by writing to us to info@sportbay.nl, providing us with an order number, contact information and stating the reason of the return and the details of the fault (if applicable). The customer will then acquire a 5 digit Returns authorization number, which he is required to clearly state on the product returned.
5.4.2 The item must be unused and without any customer-caused damage;
5.4.3 The item must be in its original, undamaged packaging without visible signs of ripping it open, unauthorized use of sticking tape or any additional stickers. The item must contain all safety and security covers, undetached commercial notes and instructions.
5.4.4 All belonging accessories, replacement parts and tools must be returned together with the product.
5.4.5 The product returned must be accompanied by the following documents: an invoice (in most cases it also serves as a proof of warranty) and a warranty note (if it was issued separately). The acquired Return authorization number must be clearly stated on all the documents attached.
5.5 We will fully refund the monetary value of the goods returned to us if the conditions of our 14-day money back guarantee are fully met. The refund is done at the price you purchased the products (if the payment was made in advance). We will process the money into your account in 3 to 4 business days after receiving and inspecting the products returned.

6. Warranty Terms
6.1 SPORTBAY is not the manufacturer or warrantor of the products sold on site. We only provide warranty claims assistance for the products sold as a convenience for www.sportbay.nl customers.
6.2 The length of a warranty differs for each product and is noted in its warranty sheet.
6.3 The warranty only covers failures due to defects in materials or workmanship that occur during normal use. It does not cover failures resulting from accident, fire, flood, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, modification, service by anyone other than the manufacturer, or damage that is attributable to force majeure. It does not cover costs of transportation to the manufacturer or damage in transit.
6.4 For convenience of its customers, SPORTBAY provides warranty claims assistance. Being an authorized retailer, SPORTBAY warranty assistance service can be significantly faster and cheaper than dealing directly with manufacturer.
6.5 In the event covered by warranty contact www.sportbay.nl customer service using Warranty Case Form available at My Account. We will get back to you with a solution no later than the next working day.
6.6 Please notice that your invoice usually serves as a warranty note, unless a separate warranty document is enclosed to the product. You can print a copy of your invoice using your Order history at My Account.
6.7 In addition to these provisions, www.sportbay.nl also observes national and European consumer laws.

7. Information Use and Disclosure
7.1 www.sportbay.nl respects and protects the privacy and personal information of the Website visitors and customers. We do not sell, rent, trade, license or otherwise disclose any personal or financial information about our customers to third parties except when it is part of providing a service (shipping, security checks) or where we have your express permission to do so.
7.2 By visiting the site directly or through the other site you accept the practices described in this Privacy Policy and warrant that all data provided by you is accurate. You are solely responsible for protecting the security and confidentiality of the password assigned to your email. You shall not transfer you logins to any other person. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
7.3 The Website incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information.
7.4 We may share your information with third parties when we believe it is necessary to comply with the law or protect our or another person’s rights, property, or safety. This includes exchanging information with third parties to protect against fraud and reduce payment risks.
7.5 We do not keep your credit card information; we just link you to financial institutions where you provide your credit card information for the purpose to make the payment of your order. More on your payment security in Secure shopping guarantee section.
7.6 Our website uses the cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of the website which helps us to provide you with a good experience when you browse our website and allows us to improve our site. By continuing to use this site you agree to the use of these cookies.
7.7 Upon your request, we will correct or update your personal information and/or disable your account to prevent any future purchases through that account. You can make these requests through My Account section.
7.8 If you have registered at www.sportbay.nl, we may occasionally update you on our latest products, news and special offers via e-mail, post or telephone. All users have the option to opt-out of receiving marketing communications from us. You can make these requests through My Account section.

8. Intellectual Property
8.1 You shall not copy, distribute, or otherwise publish through this Website any content, information, or other material that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
8.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

9. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for it. If you have been already charged for the purchase and your order is then canceled, we shall immediately issue a refund in the amount of the charge.

10. Miscellaneous Provisions
10.1 The contract between us shall be governed by the laws of the Netherlands and any disputes will be resolved exclusively in the courts of the Netherlands. Dutch and English are the languages offered for the conclusion of the contract. However, in the case of a dispute only English version of these Terms of Use is valid.
10.2 We have selected our products almost entirely on the basis of the fact they will be used for domestic purposes only. If you are planning to use these products for business purposes, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Please read carefully the instructions of the product and make sure that you are covered by an appropriate insurance.
10.3 SPORTBAY shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms of Use if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control (hereafter, “Force majeure”). For the purpose of these Terms of Use, “Force majeure” means any circumstance beyond the seller’s direct control, as a result of which it can no longer reasonably be required to perform the agreement, such as war, war risk, strikes, fire, extreme weather conditions or government measures.
10.4 www.sportbay.nl may contain links to other sites on the Internet that are owned and operated by the third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
10.5 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

OUR ADDRESS
All questions and comments regarding this Website (including all inquiries unrelated to copyright infringements) may be posted to:

SPORTBAY
Herenweg 64/52,
3602AR Maarsseveen,
The Netherlands