General Terms and Conditions BMX World
Assist Group B.V., trading as BMX World
English - translation
Dutch version prevails. In the event of differences between translations or interpretations of these General Terms and Conditions, the Dutch version shall prevail, to the extent permitted by law.
Article 1 - Identity of the business
1. These General Terms and Conditions apply to the services and sales of Assist Group B.V., trading as BMX World, located at Einsteinstraat 18, 3316 GG Dordrecht, the Netherlands, website www.bmxworld.nl, e-mail address info@bmxworld.nl, Chamber of Commerce number 64171175 and VAT number NL855553959B01.
2. Assist Group B.V. may also trade under other trade names, including Insanity Industries and NXT LVL Components. Where these terms refer to "BMX World", this also includes Assist Group B.V. and its trade names, insofar as the sale, order, delivery or service is made through or on behalf of those trade names.
3. BMX World is a specialist supplier of BMX products, including complete bikes, parts, clothing, protection, custom clothing, team clothing and related products.
Article 2 - Applicability
1. These terms apply to all offers, orders, sales, deliveries and agreements of BMX World.
2. These terms apply to sales through www.bmxworld.nl, in store, by e-mail, by telephone, via social media, on location, at events and through other sales channels of BMX World.
3. In these terms: BMX World means Assist Group B.V., trading as BMX World and, where applicable, under trade names such as Insanity Industries and NXT LVL Components; customer means any natural or legal person entering into an agreement with BMX World; consumer means a customer acting for private purposes and not in the course of a profession or business; business customer means a customer acting in the course of a profession or business.
4. Deviations from these terms are valid only if confirmed in writing or by e-mail by BMX World.
5. If one or more provisions are invalid or unenforceable, the other provisions remain in force. The parties will agree on a replacement provision that reflects the purpose of the original provision as closely as possible.
6. For consumers, these terms do not affect any mandatory statutory rights.
Article 3 - Formation of the agreement
1. An agreement is formed when the customer places an order and BMX World confirms that order by e-mail or otherwise in writing.
2. BMX World may refuse or cancel an order if there is a reasonable reason to do so, including an obvious pricing error, typing error, stock error, incorrect product information, product unavailability, suspected fraud or misuse, incorrect or incomplete customer details, outstanding payment obligations, or if the order cannot reasonably be performed by BMX World.
3. If BMX World cancels an order after the customer has already paid, the amount paid will be refunded as soon as possible, unless set-off is legally permitted or the customer has outstanding amounts due.
4. For custom-made, personalised or specially ordered products, the agreement is formed once the customer has approved the quotation, order confirmation, design confirmation or payment request of BMX World.
5. For custom work, personalisation or specially ordered products, BMX World may refuse or cancel the order if the order proves technically, practically, substantively or commercially unfeasible, or if the customer does not provide required information, files, approval or payment on time.
6. Verbal agreements, additions or changes are valid only if confirmed in writing or by e-mail by BMX World.
7. BMX World may rely on the accuracy of the information provided by the customer. The customer is responsible for providing all information required for the order or performance of the agreement in a timely and accurate manner.
Article 4 - Offers, prices and product information
1. BMX World displays offers, prices and product information as carefully as possible. Obvious errors, typing errors, mistakes, stock errors or obvious pricing errors do not bind BMX World.
2. Prices shown to consumers on the website include VAT unless expressly stated otherwise. Any additional costs, such as shipping costs, will be clearly shown before the order is completed.
3. Offers and promotional prices apply while shown on the website and/or while stocks last, unless stated otherwise.
4. Quotations by BMX World are non-binding unless a validity period or different arrangement is included in the quotation. After the validity period has expired, the customer can no longer derive rights from the quotation.
5. Images, colours, sizes, weights, specifications and descriptions are displayed as accurately as possible. Minor deviations may occur and do not entitle the customer to damages or cancellation, unless the deviation means that the product does not conform to the agreement.
6. BMX World may change prices. For consumers, price changes after conclusion of the agreement will not be charged unless the consumer agrees or the law permits this.
7. For products that are specially ordered, imported, custom-made or dependent on exchange rates, transport costs, import duties or supplier prices, BMX World may adjust a quotation or price until the agreement has been definitively concluded.
Article 5 - Right of withdrawal and returns for consumers
1. This article applies only to consumers purchasing a product at a distance, for example through the webshop, by e-mail, by telephone or via social media.
2. The consumer has the right to withdraw from the agreement within 14 days after receipt of the product without giving reasons, unless a statutory exception to the right of withdrawal applies.
3. If products from one order are delivered separately, BMX World will, where possible, treat those products as separate partial deliveries. The withdrawal period then applies per received product or partial delivery, provided this has been clearly communicated to the consumer before or when placing the order.
4. If products have not been marked as separate partial deliveries and one order contains multiple products delivered separately, the statutory rule for consumers applies: the withdrawal period starts on the day after the consumer receives the last product from that order.
5. The consumer may exercise the right of withdrawal by clearly informing BMX World by e-mail within the withdrawal period. This can only be done via info@bmxworld.nl.
6. After withdrawal, the consumer must return the product as soon as possible and no later than 14 days after the withdrawal notice.
7. Return shipping costs are borne by the consumer, unless BMX World has stated otherwise in writing.
8. The consumer is fully responsible for the return shipment. BMX World is not responsible for the return shipping costs, loss of the return parcel, uninsured return shipment, insufficient postage, damage during return transport, poor or inadequate packaging, or lack of proof of shipment. BMX World therefore advises the consumer to return the parcel well packaged, traceable and sufficiently insured.
9. The consumer must handle the product and packaging with care. The product may be unpacked or used only to the extent necessary to determine its nature, characteristics and functioning.
10. Products that have been mounted, used, damaged, soiled, incomplete, or whose labels, accessories, manuals or original product packaging are missing or damaged, are not accepted as normal returns. BMX World may refuse the return or charge depreciation, depending on the product condition and statutory possibilities.
11. After a valid withdrawal, BMX World will refund the amount paid by the consumer, including standard outbound shipping costs if the entire order is withdrawn. Additional costs for a shipping method more expensive than standard shipping will not be refunded.
12. If the consumer returns only part of the order, the outbound shipping costs will not be refunded unless BMX World decides otherwise in writing.
13. Refunds are made after BMX World has received and checked the returned products. BMX World may wait with refunding until the products have been received.
14. The right of return does not apply to custom-made products. Custom-made products are always discussed with the customer in advance by e-mail. BMX World separately requests approval of the relevant product specifications, such as design, size, colour, name, number, logo, personalisation or other customer-specific features. Once the customer has approved and the product is manufactured, ordered or delivered, this cannot be undone and the product cannot be returned under the right of withdrawal.
15. Custom-made products include custom BMX clothing, team clothing, personalised clothing, products with a name, number, logo, own design, non-standard colours, adjusted sizes, specially composed products and other products made or adapted according to customer specifications.
16. The right of withdrawal does not apply to products that are unsuitable for return for hygiene or health reasons and whose seal has been broken after delivery, insofar as this statutory exception applies.
17. Business customers have no statutory right of withdrawal unless BMX World has agreed otherwise in writing.
Article 6 - Use of third parties
1. BMX World may use third parties in performing an agreement, such as suppliers, manufacturers, carriers, payment providers, producers, printers or other service providers.
2. BMX World remains responsible for careful performance of the agreement, to the extent that such responsibility rests with BMX World by law or contract.
3. If performance of an order depends on information, delivery times, stock, production or services of third parties, BMX World may take this into account in performing and delivering the order.
Article 7 - Delivery and delivery times
1. BMX World will make reasonable efforts to deliver orders within the stated delivery time. Stated delivery times are indicative and are not strict deadlines unless expressly agreed in writing.
2. If an order is delayed, BMX World will inform the customer as soon as possible. Consumers may cancel the agreement if delivery is permanently impossible or if BMX World does not deliver within a reasonable additional period.
3. BMX World may deliver an order in parts. If products in one order have different delivery times, BMX World may treat those products as separate partial deliveries, provided this has been clearly communicated before or when placing the order.
4. Longer delivery times may apply to products that are specially ordered, imported, custom-made, personalised or produced by a supplier. Stated delivery times are based on information received by BMX World from suppliers, manufacturers or producers.
5. The customer is responsible for providing correct and complete details required for ordering and delivery, including name, delivery address, e-mail address, telephone number, sizing, product choice and other relevant information.
6. If the customer provides incorrect, incomplete or late information and BMX World has already processed, ordered, produced or shipped the order, the consequences and additional costs are borne by the customer. These include additional shipping costs, return costs, reshipping costs, storage costs, administration costs, adjustment costs and costs arising because a parcel cannot be delivered or is returned.
7. If delivery is impossible due to an error or circumstance on the customer's side, such as an incorrect or incomplete address, refusal to accept the parcel, failure to collect the parcel or missing information, BMX World may suspend the order, reship it after payment of additional costs, or cancel the agreement insofar as reasonable and legally permitted.
8. For consumers, the risk of damage to or loss of the product passes to the consumer when the product is received by the consumer or by a third party designated by the consumer.
9. For business customers, the risk of damage to or loss of the product passes to the business customer once BMX World has handed over the product to the carrier, unless otherwise agreed in writing.
10. BMX World determines the method of shipment unless otherwise agreed in writing.
11. BMX World may require advance payment or security before an order is delivered, produced, adapted or specially ordered.
Article 8 - Performance of orders and customer cooperation
1. BMX World may start processing, ordering, producing, adapting or delivering an order only after all required details, files, approvals and payments have been received from the customer.
2. The customer is responsible for timely, complete and correct provision of all information required to perform the order, including sizing, names, numbers, logos, colour choices, designs, delivery details and other product specifications.
3. Delays caused by the customer not providing information, files, approval or payment on time or completely are at the customer's expense and risk. Stated delivery times will automatically be extended.
4. If the customer does not respond within a reasonable period after a request by BMX World or does not provide required information, BMX World may suspend the order. If further performance is reasonably impossible as a result, BMX World may cancel the agreement insofar as legally permitted.
5. Additional work, changes or corrections requested by the customer after an order, design, production or delivery has already been started may result in additional costs. BMX World will inform the customer before carrying out such additional work, unless the costs are limited or necessary for proper performance.
6. Costs resulting from changes, errors or incompleteness in information, files or specifications provided by the customer are borne by the customer.
Article 9 - Inspection, transport damage, complaints and warranty investigation
1. The customer must inspect the order immediately after receipt for correctness, completeness, visible damage and visible defects.
2. If a parcel is visibly damaged when offered for delivery, the customer must immediately report this to the delivery person, accept the parcel under reservation where possible, and have the damage recorded by the carrier immediately.
3. Visible transport damage, damaged packaging, missing products or damage likely caused during transport must be reported to BMX World by e-mail at info@bmxworld.nl as soon as possible and no later than 3 days after receipt.
4. The report must include the order number, a clear description of the damage and clear photos of the outer packaging, inner packaging, shipping label, damaged parts and the complete product.
5. The customer must keep the original packaging, inner packaging and damaged product until BMX World and/or the carrier has assessed the damage. Without packaging, photos or timely report, BMX World may be unable to handle a transport damage claim fully or at all.
6. If the customer does not report visible transport damage, damaged packaging or missing products within 3 days after receipt, BMX World assumes that the order was received in good condition, complete and without visible transport damage, unless the customer proves that the damage could not reasonably have been discovered earlier.
7. Other product complaints must be reported to BMX World as soon as possible after discovery via info@bmxworld.nl, with order number, description and clear photos or videos showing the issue.
8. Consumers must report a defect within a reasonable time after discovery. A report within two months after discovery is deemed timely by law.
9. Business customers must report visible damage, incorrect delivery, missing parts or visible defects in writing within 48 hours after receipt. Other complaints must be reported in writing within 8 days after discovery.
10. Complaints do not suspend the customer's payment obligation, unless mandatory law provides otherwise for consumers.
11. BMX World has the right to investigate a complaint, warranty request or damage claim, or to have it investigated by a supplier, manufacturer, importer or other expert party. The customer must reasonably cooperate.
12. The customer must keep the product, packaging and all relevant parts until BMX World has assessed the complaint. If investigation is required, BMX World may ask the customer to send or bring the product to BMX World.
13. Return or handover in connection with a complaint, warranty request or damage claim may take place only after prior contact with and instruction from BMX World. BMX World determines, insofar as reasonable, how the product must be submitted or returned.
14. Customers outside the Netherlands can submit a complaint or warranty request via info@bmxworld.nl. They must include the order number, a clear description and clear photos or videos of the product, damage, mounting, packaging and relevant parts.
15. For customers outside the Netherlands, BMX World will first assess based on the provided information whether physical shipment is required for investigation. The customer may not return a product without prior permission or instruction from BMX World.
16. If physical investigation is required, BMX World will state how and to which address the product must be shipped. The customer is responsible for good, safe and sufficiently protective packaging.
17. If investigation shows a defect for which BMX World is responsible under statutory warranty, BMX World will provide an appropriate solution, such as repair, replacement, supplementary delivery, refund or another appropriate solution in accordance with statutory rules.
18. If investigation shows no defect for which BMX World is responsible, for example due to normal wear, misuse, incorrect mounting, unprofessional mounting, crash damage, falls, race damage, modifications, poor maintenance or third-party damage, the investigation, shipping, return and repair costs are borne by the customer.
19. If a customer outside the Netherlands ships a product without prior permission or instruction from BMX World, shipping costs, import charges, customs costs, risk of loss or damage and return costs are borne by the customer, to the extent legally permitted.
20. BMX World is not responsible for delay, loss, damage, import costs, customs costs or extra costs caused by an incorrect, incomplete, insufficiently packaged or unauthorised return of a warranty claim by a customer outside the Netherlands.
21. For warranty claims outside the Netherlands, BMX World may, insofar as reasonable and legally permitted, require the customer to cooperate first in remote assessment by photos, videos, proof of purchase, mounting information and further explanation before a product is returned.
22. If BMX World declares the complaint justified, BMX World will provide repair, replacement, supplementary delivery, refund or another appropriate solution within a reasonable period.
23. Complaints or warranty requests are rejected if the issue was caused by normal wear, misuse, incorrect mounting, unprofessional mounting, mounting by a party without sufficient knowledge of BMX racing products, poor maintenance, incorrect adjustment, improper storage, modification, crash damage, falls, race damage, overload, use contrary to instructions or use contrary to advice from BMX World, the manufacturer or supplier.
24. BMX World is not responsible for damage or defects caused by mounting, dismounting, repair or modification by the customer, a third party, bike shop, mechanic or other party, unless the customer proves that the defect was already present upon delivery and was not caused by those actions.
25. If a product has been mounted, used, modified, damaged, soiled, poorly maintained, improperly stored or submitted incomplete after delivery, this may affect the assessment of the complaint or warranty request. BMX World may reject the complaint or warranty request if it can no longer be established that the defect already existed at delivery.
26. Minor deviations in colour, size, weight, finish, packaging or product specification are not defects as long as the product remains suitable for normal use and meets what the customer could reasonably expect.
Article 10 - Warranty and liability
1. BMX World warrants that delivered products conform to the agreement and to the reasonable expectations the customer may have, taking into account the nature of the product, price, product information, normal use, intensity of use and information from the manufacturer or supplier.
2. For consumers, statutory conformity rules apply. This means that a product must do what the consumer may reasonably expect. Any manufacturer's warranty or commercial warranty does not affect the consumer's statutory rights.
3. If a product has a manufacturer's warranty, the warranty terms of that manufacturer or supplier apply. BMX World may ask the customer to provide the product, photos, proof of purchase and further information for assessment.
4. Warranty does not cover damage, defects or wear caused by normal use, intensive use, race use, falls, crashes, misuse, incorrect mounting, unprofessional mounting, poor maintenance, improper storage, product modification, overload, use contrary to instructions, or use contrary to advice from BMX World, the manufacturer or supplier.
5. BMX World is not liable for damage caused by mounting, dismounting, repair, adjustment or modification by the customer, a third party, bike shop, mechanic or other party, unless the customer proves the damage was caused by a defect already present upon delivery.
6. The customer is responsible for checking whether a product is suitable for the intended use, bike, rider, sizing, level and conditions in which the product is used. BMX World may provide advice, but the customer remains responsible for the final choice and correct use.
7. For business customers, BMX World's liability is limited to direct damage and to the amount paid by the business customer for the relevant product or service, unless there is intent or deliberate recklessness by BMX World.
8. BMX World is not liable towards business customers for indirect damage, consequential damage, business damage, loss of profit, loss of turnover, missed savings, reputational damage, business interruption or damage caused by missed races, training sessions or events.
9. Towards consumers, BMX World's liability is not limited further than permitted by law.
10. The limitations of liability in this article do not apply if damage results from intent or deliberate recklessness by BMX World and do not apply insofar as limitation is not permitted by mandatory law.
Article 11 - Payment
1. Payment must be made via the payment methods offered by BMX World in the webshop, on the invoice, in store or through other sales channels.
2. BMX World may require full or partial advance payment before an order is processed, delivered, ordered, produced, adapted or personalised.
3. BMX World is not required to process or deliver an order until payment has been received in full, unless otherwise agreed in writing.
4. If payment through a payment provider, bank, credit card company or other payment service fails, is reversed or charged back, the customer remains obliged to pay the outstanding amount.
5. If a consumer does not pay on time, BMX World will first send a written payment reminder giving the consumer 14 more days to pay before statutory interest and statutory collection costs are charged.
6. For consumers, interest and extrajudicial collection costs are calculated according to statutory rules.
7. Business customers must pay invoices within the term stated on the invoice. If no term is stated, payment is due within 14 days after invoice date.
8. If a business customer does not pay on time, the business customer is in default without further notice. BMX World may charge statutory commercial interest and reasonable extrajudicial collection costs.
9. BMX World may suspend performance of current or new orders while the customer has outstanding payment obligations or while BMX World has reasonable doubts about willingness or ability to pay.
10. Payments made by the customer are first applied to outstanding costs and interest and then to the oldest outstanding invoices, unless the law provides otherwise or BMX World confirms otherwise in writing.
11. Costs resulting from failed payments, reversals, chargebacks, incorrect payment details or payment disputes caused by the customer may be charged to the customer insofar as legally permitted.
Article 12 - Retention of title
1. All products delivered by BMX World remain the property of BMX World until the customer has fully paid all amounts relating to the order.
2. As long as ownership has not passed to the customer, the customer may not sell, pledge, encumber, rent, lend, process, modify or transfer the products to third parties without prior written permission from BMX World.
3. The customer must handle products still owned by BMX World with care and keep them identifiable, complete and in good condition.
4. If third parties seize products still owned by BMX World or claim rights to them, the customer must immediately inform BMX World in writing.
5. If the customer fails to meet payment obligations, BMX World may reclaim products delivered under retention of title insofar as legally permitted. The customer must reasonably cooperate.
Article 13 - Bankruptcy, seizure and payment uncertainty
1. BMX World may suspend performance or cancel the agreement in whole or in part if the customer fails to meet payment obligations or if BMX World has reasonable doubt that the customer can meet its obligations.
2. BMX World may do so in any event if the customer is declared bankrupt, requests suspension of payment, is placed under guardianship or administration, applies for statutory debt restructuring, is subject to attachment, ceases business or otherwise loses free disposal of assets.
3. In any such situation, all outstanding claims of BMX World against the customer become immediately due, insofar as legally permitted.
4. This article does not affect BMX World's right to damages, payment of outstanding amounts and recovery of products under retention of title.
Article 14 - Force majeure
1. BMX World is not required to perform its obligations if this is temporarily or permanently impossible or unreasonably burdensome due to a cause beyond BMX World's control.
2. Force majeure includes delay or default by suppliers, manufacturers, producers, importers or carriers, transport problems, customs problems, import or export restrictions, material shortages, production stops, strikes, illness or staff absence, system, payment or webshop software failures, power failures, fire, theft, water damage, extreme weather, government measures, war, pandemics, epidemics and other circumstances beyond BMX World's reasonable control.
3. In force majeure, BMX World may suspend performance while the force majeure situation continues.
4. If force majeure lasts longer than 30 days or performance is permanently impossible, both BMX World and the customer may cancel the agreement wholly or partly for the unperformed part.
5. If BMX World has already partially performed the agreement when force majeure arises, BMX World may invoice the performed part separately. The customer must pay this part insofar as the customer has reasonably benefited from it.
6. In force majeure, BMX World is not required to compensate damage, costs or lost income, unless mandatory law provides otherwise.
Article 15 - Cancellation, changes and termination by the customer
1. This article applies to cancellation, change or termination of an order or assignment by the customer, insofar as the statutory right of withdrawal for consumers does not apply.
2. A consumer always retains the statutory right of withdrawal described in Article 5, unless a statutory exception applies.
3. An order for a standard product can be cancelled free of charge only as long as BMX World has not yet processed, packed, shipped, specially ordered or otherwise started handling the order.
4. If the customer wants to cancel after BMX World has already incurred costs or performed work, BMX World may charge those costs to the customer or set them off against any refund.
5. For custom-made products, personalised products, specially ordered products, custom BMX clothing, team clothing, products with name, number, logo, own design, non-standard colour or size, and products specially adapted or produced for the customer, cancellation is no longer possible once the customer has approved the quotation, specifications, design confirmation, order confirmation or payment request and BMX World has started handling the order.
6. If the customer wants to change, cancel or stop after approval, all costs already incurred are borne by the customer, including design hours, production costs, order costs, supplier costs, import costs, shipping costs, administration costs, mounting costs and costs for parts or products already ordered or produced.
7. BMX World may charge a reasonable fee upon cancellation or change for work already performed, costs incurred and any depreciation of products.
8. If an order or assignment cannot continue due to the customer, for example because the customer does not respond, does not provide information, does not approve or does not pay, BMX World may suspend performance or cancel the agreement. Costs already incurred remain borne by the customer.
9. Cancellation or change by the customer must always be reported to BMX World in writing or by e-mail.
10. If the customer owes amounts to BMX World in connection with cancellation, change, termination, damage, depreciation, costs incurred or other obligations, the customer must pay those amounts within the payment term set by BMX World.
11. If a consumer does not pay on time, BMX World will first send a free payment reminder giving the consumer 14 more days to pay. If payment is not made, BMX World may charge statutory interest and statutory collection costs.
12. If a business customer does not pay on time, the business customer is in default without further notice. BMX World may charge statutory commercial interest, extrajudicial collection costs, legal costs and other reasonable costs to obtain payment or damages, insofar as legally permitted.
Article 16 - Applicable law and competent court
1. All agreements between BMX World and the customer are governed by Dutch law.
2. If the customer is a consumer residing outside the Netherlands, the choice of Dutch law does not deprive the consumer of mandatory consumer rights under the law of the consumer's country of residence, insofar as those rights apply by law.
3. Disputes between BMX World and a consumer are submitted to the court competent under the law.
4. Disputes between BMX World and a business customer are, insofar as legally permitted, submitted to the competent court in the district where BMX World is established.
5. For business customers outside the Netherlands, BMX World may also choose to submit the dispute to the competent court in the country or place where the business customer is established, insofar as legally permitted.
6. BMX World and the customer will make efforts to resolve a dispute amicably before submitting it to court.
Article 17 - Custom work, designs, logos, club clothing and supplied materials
1. This article applies to custom work, custom products, personalised products, team clothing, club clothing, group orders, printing, designs, adjustments, specially composed products and products for which the customer supplies files, logos, texts, names, numbers, colours, sizes or other specifications.
2. The customer is fully responsible for the accuracy, quality and completeness of all information, files, logos, texts, names, numbers, colours, sizes, designs and specifications supplied by the customer.
3. The customer guarantees that the customer is entitled to use all supplied logos, images, texts, brand names, trade names, sponsor expressions, club logos, team logos and other materials. This includes third-party logos and brands such as sponsor logos, manufacturer logos, sports brands, team names and other protected expressions.
4. The customer is responsible for obtaining permission from the rights holder for use of supplied logos, brands, images, texts or other materials. BMX World is not obliged to check whether the customer has that permission.
5. In case of doubt about rights, permission, origin or lawfulness of supplied logos, brands, images, texts or other materials, BMX World reserves the right to refuse, suspend or adapt the order.
6. The customer indemnifies BMX World against all claims, damage, costs, claims and legal costs of third parties relating to logos, brands, images, texts, designs, files or other materials supplied by the customer.
7. BMX World may technically adjust supplied files for production, printing or processing, for example to make files suitable for printing, colour profiles, cut-outs, positioning or size. Minor deviations in colour, position, dimensions or finish may occur and are not defects unless otherwise agreed in writing.
8. BMX World has a physical colour book in which colours printed on fabric can be viewed. The colours in this physical colour book are the reference point for the final printed colour.
9. Colours viewed on a computer screen, phone, tablet or other digital screen may differ from the final printed colour. This may be caused by screen settings, brightness, colour rendering, material, printing technique and lighting conditions.
10. If a specific colour is important to the customer, the customer is responsible for checking the desired colour using the physical colour book of BMX World before approving the design or production.
11. Minor colour differences between a digital design, mock-up or screen view and the final printed product are not defects as long as the colour corresponds to or reasonably matches the physical colour book and the chosen specifications.
12. The customer is responsible for carefully checking designs, proofs, mock-ups, sizing, names, numbers, logos, colours and specifications before giving approval.
13. After approval by the customer of a design, proof, mock-up, quotation, order confirmation or product specification, BMX World may rely on its accuracy. Errors discovered after approval, such as spelling errors, wrong names, wrong numbers, incorrect logos, wrong sizing or wrong colour choices, are at the customer's expense and risk.
14. Custom products, custom clothing, team clothing, club clothing and personalised clothing may be produced by specialised producers in the Netherlands or abroad, including outside the Netherlands and/or outside the European Union.
15. With sublimation clothing, the design is incorporated into the fabric. Minor deviations may occur in colour, position, sharpness, sizing, pattern alignment, seams, hems, zippers, cuffs, panels and finish. Such minor deviations are part of the production process and are not defects as long as the product is suitable for normal use and reasonably matches the approved design and specifications.
16. Digital designs, mock-ups and screen views are visual indications. Colours on screens may differ from the final printed colour on fabric. The physical colour book or physical colour samples of BMX World are the reference point for final colour assessment.
17. If a specific colour, colour combination, position, logo size, pattern transition or finish is essential to the customer, the customer must state this clearly in writing to BMX World before approving the design. BMX World will assess whether this is technically and practically feasible.
18. Delivery times for custom products, custom clothing, team clothing, club clothing and personalised products are indicative and depend on design approval, production planning, material availability, transport, customs, suppliers and producers. Delay caused by these circumstances does not entitle the customer to damages unless mandatory law provides otherwise.
19. BMX World will make reasonable efforts to deliver custom products according to the approved design and agreed specifications. Minor production tolerances in sizing, colour, finish and positioning are permitted as long as the product reasonably meets what the customer could expect based on the approved design and specifications.
20. The customer is responsible for following washing, maintenance and use instructions. Damage, wear, discolouration, deformation, loosening of print or quality reduction caused by incorrect washing, drying, ironing, cleaning, storage or use is not covered by warranty.
21. If the customer supplies existing clothing, own clothing or other own materials for printing, personalisation, adaptation or processing, this is at the customer's expense and risk.
22. BMX World is not liable for damage to, shrinkage of, discolouration of, deformation of, loosening of existing print, poor adhesion, show-through, different colour rendering or other problems with clothing or materials supplied by the customer, unless there is intent or deliberate recklessness by BMX World.
23. The customer is responsible for suitability of supplied clothing or materials for printing, personalisation or processing. BMX World may refuse to print or process supplied clothing or materials if, in BMX World's opinion, they are unsuitable.
24. For club clothing, team clothing and group orders, the person or organisation placing the order is responsible for collecting, checking and supplying all required details, including sizes, names, numbers, logos, sponsor expressions, colours, quantities and specifications.
25. BMX World may rely on details supplied by the contact person, club, association, team manager or client. Errors in supplied sizes, names, numbers, logos, quantities or specifications are at the expense and risk of the client or customer.
26. The client or contact person is responsible for obtaining approval from the club, association, riders, parents/guardians, sponsors and other involved parties, insofar as necessary for use of names, logos, sponsor expressions, designs, colours and data.
27. For club clothing and team orders, BMX World may work with a joint design confirmation, size list, order list or approval statement. After approval, the order is final and changes can be made only if BMX World considers this technically and practically possible. Extra costs due to changes after approval are borne by the client or customer.
28. Repeat orders of club clothing or team clothing may differ from earlier deliveries. Minor differences in colour, fabric, fit, sizing, finish, logo position or production details may occur due to new production runs, changed materials, suppliers, printing techniques or production circumstances. These minor deviations are not defects as long as the product reasonably matches the agreed specifications.
29. BMX World is not responsible for internal agreements, distribution, payment, size choices or communication within a club, association, team or group. The client or
