General terms

These general terms and conditions are used by Sport & Recreatie Den Bol B.V., trading under the name: “Jobe Sports International”, incorporated under Dutch Law with registered office and principal place of business in Heerewaarden, entered in the commercial register of the Chamber of Commerce under number 11033564. These General terms and conditions can be viewed at https://www.jobesports.com/general-terms/>

Date of last revision: 30-12-2019

1. Definitions
In these General Terms and Conditions, the following terms are defined as stated below:

1.1 Customer: the person who buys products or services for personal use and
not for manufacturing, resale or any other commercial activities on the website of
Jobe: www.jobesports.com;
1.2 Cooling-off period: the time a Customer has been given to exercise the Right of
withdrawal;
1.3 Day: Calendar day;
1.4 Agreement: the agreement concluded between Jobe and Customer under
an organized system which is meant to be used for distance communication,
without the simultaneous physical presence of Jobe and the Customer;
1.5 Jobe: Sport & Recreatie Den Bol B.V., its legal successor(s) and/ or the (legal)
entity it has appointed, as well as group companies belonging to this company,
within meaning of Article 24b, Book 2 of the Dutch Civil Code;
1.6 Right of withdrawal: the ability of the Customer to opt out of the contract within
the Cooling-off period;
1.7 Model withdrawal form: the form in appendix 1 that is used by Customers to
exercise their Right of withdrawal.

2. Identity of Jobe
Sport & Recreatie Den Bol B.V. trading under the name(s): Jobe Sports International.

Location-&Visiting address:
Heerewaardensestraat 30
6624KK HEEREWAARDEN
Netherlands

Telephone number: +31 487 57 30 90 (local rate)
Chamber of Commerce number: 11033564
VAT identification number: GB383002329
CEO: Henk van der Werf

3. Applicability
3.1 These general terms and conditions apply to all offers of Jobe and on all
Agreements closed between Customers and Jobe.
3.2 If specific product- or service conditions also apply, the Customer can always rely
on the applicable provision that is most favorable to him.
3.3 Jobe reserves the right to unilaterally amend these terms and conditions. An amendment will also apply in respect of Agreements that were concluded prior to the amendment. An amendment will not enter into force until 14 Days after it has been announced on the website of Jobe: www.jobesports.com. If the Customer does not accept the amendment he will be entitled to terminate the Agreement effective from the date on which the amendment enters into force by sending an e-mail to: customerservice@jobesports.com.

4. The offer
4.1 If an offer of Jobe is subject to a limited duration or subject to conditions, this will
be explicitly stated in the offer.
4.2 The offer includes a complete description of the offered product(s). Obvious mistakes or obvious errors in an offer will not legally bind Jobe.

5. The Agreement
5.1 The Agreement will be concluded at the moment the Customer accepts the offer of
Jobe by ordering the offered product on the website of Jobe: www.jobesports.com.
5.2 To accept an offer, the Customer has to file all the personal information as requested on the website of Jobe: www.jobesports.com and has to accept the applicability of these terms and conditions.
5.3 The Customer is responsible for the accuracy of the filed personal information.
Ordered products will be sent to the address filed by the Customer.
5.4 The Customer has to be older than 18 years or has to be legally represented by a
person older than 18 years.
5.5 If the Customer has accepted the offer electronically, Jobe will confirm the electronic acceptance of the offer by sending Customer an receipt at the filed e-mail address by the Customer. Until the offer has been confirmed, the Customer may rescind the acceptance of the offer in written by sending an e-mail to Jobe: customerservice@jobesports.com.
5.6 If the Agreement is concluded electronically, Jobe will take appropriate technical
and organizational measures to secure the electronic transfer of data and will
ensure a secure web environment. If the Customer pays electronically, Jobe will
take appropriate measures to create a safe and secure electronical payment
environment.

5.7 Jobe may research - within the boundaries of the law - facts about the ability of the
Customer to fulfill his payment obligations, as well as all facts and factors that are
important for conclusion of the Agreement. If Jobe has good reasons to question
the ability of the Customer to fulfill his payment obligations, Jobe is entitled to refuse an order or implement special conditions to that specific order.
5.8 Jobe will at least provide the following information at delivery of the product:
• the address of Jobe;
• the conditions under which and how the Customer can exercise the Right of withdrawal, or a clear statement regarding the exclusion of the Right of withdrawal;
• the price including all taxes of the product for orders within the European Union and the price excluding all taxes for orders outside the European Union, where applicable the costs of delivery;
• if the Customer has a Right of withdrawal, the model withdrawal form.

6. Right of withdrawal
6.1 The Customer has the possibility to disband the Agreement during a Cooling-off
period of 30 Days after receiving the product, without giving any reasons. Jobe is
entitled to ask the Customer about the reason of withdrawal but the Customer is
not obliged to give the reason of withdrawal
6.2 The Cooling-off period starts on the day after the Customer receives the product,
or:
• if the Customer has ordered multiple products within the same order: the day on which the Customer has received his final product. Jobe may refuse an order which contains multiple products that have a different time of delivery if it has informed the Customer prior to the ordering and delivery process;
• if the order consists of several parts: the day on which the Customer has received the last part;
• if delivery could not take place, because of the fact that the filed address by the Customer is not correct, the Customer was not able to receive the product or any other reason for the account of the Customer: the day on which Jobe has tried to deliver the product to the Customer.

7. Obligations of the Customer during the Cooling-off period
7.1 During the Cooling-off period the Customer shall handle the product and its
packaging with care. He will only extract or use the product to the extent for
necessary inspection of the product to determine the nature, characteristics and
operation of the product. The Customer should only inspect and handle the product
as he would have in a store.
7.2 The Customer is liable for the damages caused to the product if it is the result of
handling the product in way that is not allowed according to article 7.1., at the
opinion of Jobe.

8. Exercise of the Right of withdrawal by the Customer and its costs
8.1 If the Customer exercises his right of withdrawal, he reports this within the
Cooling-off period by sending an e-mail to customerservice@jobesports.com or by using
the form as attached as appendix 1.
8.2 As fast as possible, but within 30 Days from the day following the notification
referred to in article 8.1, the Customer shall send the product back to Jobe.
8.3 The Customers returns the product with all including accessories. The product
needs to be delivered in the original condition and in the original package as much
as possible in accordance to the instructions of Jobe.
8.4 The risk and the burden of proof for the correct and timely exercise of the Right of
withdrawal lies with the Customer.
8.5 The Customer shall bear the costs for returning the products to Jobe.

9. Obligations of Jobe in case the Customer uses the Right of withdrawal
9.1 If Jobe allows the notification of withdrawal to be made on a electronical way, Jobe
sends an acknowledgement or receipt of this notification to the filed e-mail address
of the Customer.
9.2 Jobe shall reimburse all payments from the Customer, including any delivery costs
that were charged by Jobe but excluding the costs of returning the product, within
14 Days after receiving or collecting the product from the Customer.
9.3 Jobe refunds the Customer by the same payment method that the Customer used,
unless the Customer consents to another method. The reimbursement is free of
charge.
9.4 If the Customer opted for a more expensive method of delivery than the cheapest
standard delivery, the additional costs for that method are non-refundable.

10. Exclusion of the Right of withdrawal
Jobe is entitled to exclude the following goods and services from the Right of withdrawal:
• products that are custom made based on specifications provided by the Customer which are not prefabricated;
• products that are manufactured based on a clear and individual decision by the Customer or products which are clearly intended for a specific person;
• products that spoil quickly or have a limited shelf life;
• products that are sealed for reasons of health protection or hygiene and therefore not suitable to be returned and were unsealed after delivery.

11. Price and payment
11.1 Payment has to be made directly by the Customer via credit card or iDeal.
11.2 If the Customer does not meet his payment obligations after Jobe send a
notification of his late payment, Jobe is entitled to claim statutory interest on
the outstanding amount and extrajudicial costs. These extrajudicial costs
shall not exceed the following amount:

• 15% of the outstanding amount up to € 2.500,-;
• 10% over the next outstanding amount of € 2.500,-;
• 5% over the next outstanding amount of € 5.000,-;
• The minimum amount of extrajudicial costs is € 50,-.

11.3 During the period mentioned in the offer prices of the products and/ or services are
not increased, except for price changes due to change in VAT rates.
11.4 As an exception from article 11.3 Jobe may offer products with variable prices
because the price is bound to fluctuations of the financial market on which Jobe
has no influence.
11.5 Price increases 3 months after the conclusion of the Agreement are permitted if:

• the price changes are the result of legal regulations or provisions; or
• the Customer has the power to terminate the contract on the day on which the price increase takes effect.

11.6 The prices which are stated in the offers for customers within the European Union
are including Dutch VAT. The prices which are stated in the offers for customers
outside the European Union are excluding VAT.

12. Guarantee
12.1 The products of Jobe carry a two (2) year warranty from the purchase date for
purchases made by consumers within the European Union. Products cannot be
claimed for a warranty when:

• complaints are not filed by Jobe (ex article 15) within the mentioned period;
• products are claimed two years after the date of purchase;
• products are damaged by misuse or impact;
• products are not washed according to the given instructions;
• products are not used according to the user manual;
• products are damaged by weather conditions;
• products that have been depreciated by wear and tear conditions;
• products have been used for commercial activities due regard of a lease agreement;
• products have been used for commercial activities.

12.2 The following Jobe products carry a three (3) year warranty from the
purchase date for purchases made by consumers within the European Union
if the products are registered by the consumer on the Jobe website:

• Inflatable SUP Boards
• Towables

Above standing products cannot be claimed for a warranty when:

• complaints are not filed by Jobe (ex article 15) within the mentioned period;
• products are damaged by misuse or impact;
• products are not washed according to the given instructions;
• products are not used according to the user manual;
• products are damaged by weather conditions;
• products that have been depreciated by wear and tear conditions;
• products have been used for commercial activities due regard of a lease agreement;
• products have been used for commercial activities.

13. Gift cards
These terms are applicable for all gift cards which can be purchased from jobesports.com. By buying and/or using a gift card you accept and adhere to the following terms:

• Jobe gift cards can be purchased at jobesports.com only.
• Jobe gift cards are redeemable for merchandise on jobesports.com only.
• Gift cards don’t expire or decrease in value if unused.
• Upon redemption, any unused balance will remain on the gift card for future purchases. Gift card balances can’t be redeemed or exchanged for cash, except where required by law.
• Gift cards can’t be returned or canceled after purchase.
• Gift cards will not be replaced if lost or stolen.
• Jobesports.com reserves the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.

14. Delivery and Execution
14.1 Products will be send to the Customer after the Customer has paid for the order.
14.2 Delivery will take place "ex works" (INCO Terms). The risk of damage and/or
loss of products rests with the Customer from the moment the products leave the
warehouse of Jobe.
14.3 The address that has been stated by the Customer is considered to be the place of
delivery.
14.4 Jobe shall deliver the products as quick as possible but at least within 30 Days
after the payment for the order is received, unless a longer period has been agreed
to. This is not a fatal term. If the deliver is delayed or if a delivery cannot or
partially be executed, the Customer is notified no later than 30 Days after
Customer placed the order. In that case the Customer has the right to terminate the
Agreement without further penalties.
14.5 After dissolution in accordance to article 13.4, Jobe will refund the payments
made by the Customer within 30 Days after dissolution.

15. Complaints
15.1 Complaints about the performance of the Agreement need to be reported in written
at: customerservice@jobesports.com within 5 Days after receiving the products, on
penalty of its rights lapsing. The complaint needs to give a full and clear
description of the complaint.
15.2 The complaints submitted to Jobe will be answered within a period of 14 Days
from the day of receipt of the complaint. If a complaint clearly needs a longer
processing time, Jobe will give an indication about when
the Customer can expect a more detailed answer.
15.3 The Customer allows Jobe a term of at least 4 weeks to resolve the complaint by
mutual agreement. After this term has passed, the complaint creates a dispute
which is subject to the dispute resolution in article 18.

16. Liability
16.1 The liability of Jobe for claims of the Customer will be limited to the amount paid by the Customer under the Agreement and will be limited, in any way, by the amount paid by the professional/business liability insurance policy of Jobe in respect of the relevant case plus the amount of the excess that pursuant to the policy conditions is not for the insurers’ account. Information regarding the professional/business liability insurance policy/policies taken out by Jobe and the related coverage will be provided upon request.
16.2 Losses due to delays, consequential damage, loss of profit and loss of income also are never eligible for reimbursement.
16.3 Jobe is never liable is never liable for losses or damages of the Customer resulting from suspension of/ defects of the website of Jobe: www.jobesports.com, shortcomings and/or late delivery by suppliers of Jobe or other losses or damages as a result of extraordinary events or circumstances beyond the control of Jobe.

17. Intellectual property
The content on the website of Jobe, including, without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles and the trademarks, service marks and logo’s contain therein, and the trade- and brand name: "Jobe" and/or "Jobe Sports" are owned by Jobe, subject to intellectual property rights. This content and the trade- and brand names may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Jobe.

18. Disputes and Applicable law
18.1 All the agreements between Jobe and Customer are subject to Dutch law.
18.2 These conditions are governed by and construed in accordance with Dutch
Law, and the application of the United Nations Convention of Contracts for the
International sale of goods is expressly excluded. Jobe and the Customer
agree to submit to the non-exclusive jurisdiction of the courts of Oost-Brabant,
location ‘s-Hertogenbosch in the Netherlands. This means that the Customer may
bring a claim to enforce his rights in connection with these terms and conditions in
the Netherlands or in the country in which the Customer lives.




Appendix 1: Model Withdrawal Form

Model withdrawal form

(fill out and return this form only when you want to withdraw from the agreement)

To: Sport & Reacreatie Den Bol B.V.
Customer Service
Heerewaardensestraat 30
6624 KK HEEREWAARDEN

I hereby inform you that I want to withdraw from our agreement concerning the purchase of the following products:




I / We ordered the product on the following date:

[Name]


[Address of Customer]




[Signature of Customer]