Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. NV Verbindion Nieuwegein (hereinafter referred to as Merwestein): the natural or legal person that offers products and/or services to consumers;

  2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with Merwestein;

  3. Distance contract: a contract whereby, within the framework of a system organised by Merwestein for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

  4. Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time;

  5. Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period;

  7. Withdrawal period: the period of 14 calendar days in which to cancel the contract (via the internet or verbally) without giving reasons;

  8. Day: calendar day;

  9. Durable medium: any means that enables the consumer or the trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of NV Verbindion Nieuwegein (Merwestein)

NV Verbindion Nieuwegein
Location: Sport- & Evenementencomplex Merwestein
Merweplein 1
3432 GN Nieuwegein

Telephone number: 030 – 6004260
Chamber of Commerce (KVK) number: 30128601
Rabobank: NL03RABO0181990237
Tax number: NL804407678B01

www.merwestein.nl
info@merwestein.nl

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by sports & events complex Merwestein (hereinafter referred to as Merwestein) and to every contract concluded between the trader and the consumer.

  2. Before the contract is concluded, the text of these general terms and conditions is available to the consumer or available If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at Merwestein and that they will be sent to the consumer free of charge as soon as possible on request.

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer's request.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

  1. The offer is understood to mean all products that can be purchased through the webshop by the consumer concerned

  2. If the offer has a limited period of validity or is made subject to conditions, this is expressly.

  3. The offer contains a complete and accurate description of the product and/or service. The description is sufficiently detailed to enable the consumer to assess the offer properly.

  4. Merwestein is not liable for errors, ambiguities or discrepancies in communications and advertisements by third parties about Merwestein's product range. Discrepancies do not entitle the consumer to refuse payment for products or to demand any compensation from Merwestein.

  5. The offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

  • the rate including taxes;

  • any costs of additional products;

  • the way in which the contract will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery or performance of the contract;

Article 5 – The contract

  1. The contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

  2. If the consumer has accepted the offer electronically, Merwestein will without delay confirm receipt of the acceptance of the electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.

  3. If the contract is concluded electronically, Merwestein will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, Merwestein will observe appropriate security measures for this purpose.

  4. Merwestein may – within the limits of the law – inform itself as to whether the consumer is able to meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, Merwestein has good grounds not to enter into the contract, it is entitled to refuse a purchase or registration, stating reasons, or to attach special conditions to its performance.

Article 6 – Cancellation

  1. If the consumer cancels the purchase and/or contract in whole or in part, with the exception of the provisions on the right of withdrawal, he is liable to pay the costs reasonably incurred.

  2. The consumer will receive the full purchase amount back within a period of 14 days.

  3. Different conditions apply to the swimming lesson product range. These can be found in the general terms and conditions for swimming lessons and also apply to the electronic renewal of a leskaart (lesson card).

  4. The consumer will be refunded in the same way as Merwestein received the payment, unless the consumer agrees to a different method. No additional costs are charged for the refund.

Article 7 – Liability

  1. Merwestein is not liable for the costs, damages and interest that arise as a direct or indirect result of, among other things:

  • Force majeure, as further described in these terms and conditions;

  • Acts or omissions of the consumer;

  • The provision by the consumer of incomplete q. incorrect information.

  1. In the event of an attributable failure by Merwestein in the performance of the purchase of the product, the consumer will give Merwestein the opportunity to still carry out the agreed product purchase within a reasonable period. In that case Merwestein is never liable for damages of any kind whatsoever.

  2. Merwestein is only liable for damage suffered by the client if it has been caused by intent, gross fault or gross negligence on the part of Merwestein.

  3. Any liability of Merwestein for business damage or any indirect damage whatsoever, expressly including damage due to lost profit, missed savings or the loss of data, is expressly excluded.

  4. The total liability of Merwestein will in no event exceed an amount equal to the amount of the goods and/or services delivered.

Article 8 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

  2. The prices stated in the offer of products or services include VAT, unless specifically indicated otherwise.

Article 9 – Conformity and Guarantee

  1. We strive to carry out your product purchase perfectly Nevertheless, something can always go wrong. Please therefore check a product purchase and/or renewal immediately upon receipt. With every product purchase, a sales receipt or confirmation is sent by email stating exactly what the purchased product entails. Errors and/or shortcomings must be reported to Merwestein in writing within 24 hours.

  2. Merwestein guarantees that the products comply with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the date on which the contract was concluded.

Article 10 – Delivery and performance

  1. Merwestein will exercise the greatest possible care when receiving and carrying out purchases of products.

  2. The address that the consumer has made known to Merwestein counts as the place of purchase.

  3. With due observance of what is stated about this in these general terms and conditions, Merwestein will make accepted product purchases available immediately (single-entry swim products) or, in the case of a renewal, have them commence on the date immediately following the end date of the subsequent badenkaart/leskaart. If delivery is delayed, or if a purchase cannot be carried out or can only be carried out in part, the consumer will be notified of this as soon as possible, but no later than 7 days after placing the purchase. In that case the consumer has the right to dissolve the purchase free of charge and is entitled to any compensation.

  4. In the event of dissolution in accordance with the previous paragraph, Merwestein will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of dissolution.

Article 11 – Payment

  1. For products purchased through Merwestein's webshop, payment must be made at the time of purchase. The right of withdrawal naturally applies here.

  2. The consumer is obliged to report inaccuracies in payment details provided or stated to Merwestein without delay.

  3. In the event of non-payment by the consumer, Merwestein has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 12 – Complaints procedure and disputes

  1. Complaints, in whatever form, must be submitted to Merwestein within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

  2. Complaints must at all times be submitted to Merwestein in writing.

  3. Complaints are, within a period of 14 days calculated from the date of receipt, If a complaint requires a foreseeably longer processing time, Merwestein will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

  4. Dutch law applies to all contracts with Merwestein.

Article 13 – Force majeure

Force majeure is understood to mean: any situation in which Merwestein is unable to fulfil its obligations or part thereof as a result of circumstances beyond Merwestein's control. In the event of force majeure, Merwestein is released from its obligation to perform the contract and is not liable for damages towards the consumer. Natural disasters, wars, international or national armed conflicts, strikes, blockades and business interruptions, power failures, fire and impediments may qualify as force majeure. In such cases Merwestein will always seek a solution in reasonable consultation with the consumer. This may involve refunding payments already made, supplying replacement goods or dissolving the contract.

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If you have any questions about Merwestein's general terms and conditions for the webshop, please contact us. Should it be necessary to amend our general terms and conditions, you will always find the most recent information on this page.