Introduction
These are our General Terms and Conditions. These are always applicable if you use or place an order via the Ajax Webshop. These General Terms and Conditions contain important information for you as a buyer. So please read them carefully. We also recommend that you save or print these conditions, so that you can read them again later on.
Article 1. Definitions
1.1. AFC Ajax NV: with its registered office in Amsterdam and registered with the Chamber of Commerce under number 33302453, trading as AFC Ajax NV.
1.2. General Terms and Conditions: these General Terms and Conditions of Ajax Webshop.
1.3. Right of Withdrawal: the option for the consumer, as Customer, to withdraw from the Agreement within the cooling-off period.
1.4. Customer: the customer, whether or not acting in the course of a business or profession, who enters into an Agreement with AFC Ajax NV and/or who has registered via the Webshop.
1.5. Agreement: any arrangement or agreement relating to an order in the Webshop, between AFC Ajax NV and the Customer, with these General Terms and Conditions forming an inseparable part of the Agreement.
1.6. Webshop: the online webshop operated by AFC Ajax NV via ajax.nl/shop.
Article 2. Applicability of these General Terms and Conditions
2.1. These General Terms and Conditions apply to all offers, Agreements and supplies by AFC Ajax NV via the Webshop, unless there is an explicit agreement to the contrary in writing.
2.2. If the Customer includes in his order, confirmation or communication of acceptance any provisions or conditions that are contrary to or do not appear in these General Terms and Conditions, those [Customer conditions] will only be binding upon AFC Ajax NV if and to the extent that AFC Ajax NV has explicitly accepted them in writing.
2.3. The text of these General Terms and Conditions is notified to the Customer by means of a link during the order process, at which point the Customer can print and if so desired download it. These General Terms and Conditions will be sent out, free of charge, on request. Any such request can be sent to the customer service department whose contact details are given at the end of these General Terms and Conditions.
Article 3. Prices and information
3.1. All prices listed in the Webshop and other materials originating from AFC Ajax NV include VAT and, unless otherwise stated, other government levies and charges.
3.2. The contents of the Webshop are assembled with the greatest possible care. However, AFC Ajax NV cannot guarantee that all information in the Webshop is accurate and complete at all times. All prices and other information communicated via the Webshop and other materials originating from AFC Ajax NV are therefore subject to possible software and typographical errors.
Article 4. Conclusion of the Agreement
4.1. The Agreement is concluded electronically when the Customer accepts the offer from AFC Ajax NV and when the conditions imposed by AFC Ajax NV in that regard have been met. The offer contains a complete and clear description of the products offered. All quotations issued by AFC Ajax NV are without obligation and are based on availability.
4.2. If the Customer has accepted an offer, AFC Ajax NV will immediately confirm its receipt of the acceptance of the offer, by electronic means. The Customer has the option to cancel the Agreement until receipt of that acceptance has been confirmed.
4.3. If it transpires that the Customer has provided incorrect information on accepting the offer or otherwise upon entering into the Agreement, AFC Ajax NV will then be entitled to wait until the correct information has been provided before fulfilling its obligations.
4.4. Within the statutory frameworks, AFC Ajax NV is entitled to ascertain whether the Customer can satisfy all of its payment obligations as well as to investigate all the facts and factors that may be relevant to the responsible conclusion of the Agreement. If, based on this investigation, AFC Ajax NV has good reasons for not entering into the Agreement, it will be entitled to refuse an order or a request, which refusal must state the applicable reasons, or it may attach special conditions to the execution of an order or a request, such as payment in advance.
Article 5. Performance of the Agreement
5.1. AFC Ajax NV is entitled to engage third parties to perform its obligations arising from the Agreement.
5.2. The Webshop clearly indicates, in good time before the Agreement is finalised, how delivery will happen and the period within which the ordered products will be delivered. Delivery dates given by AFC Ajax NV are indicative only and are not fixed deadlines. If delivery is late, AFC Ajax NV should be issued with a written default notice before it is in default.
5.3. The performance of the Agreement and all associated notifications and communications are linked to the address or email address given by the Customer.
5.4. AFC Ajax NV observes the greatest possible care when processing orders. AFC Ajax NV uses carefully selected logistics service providers for the delivery of orders.
5.5. The risk of damage to and/or loss of ordered products remains with AFC Ajax NV until the point of delivery, unless otherwise explicitly agreed.
Article 6. Registration
6.1. The Customer is obliged to provide correct information (including address details) when entering into an Agreement. AFC Ajax NV should be notified as soon as possible of any changes to and/or mistakes in this information.
6.2. The Customer can register via the registration form offered in the Webshop in order to make the best possible use of the Webshop.
6.3. The Customer selects a user name and password during the registration process; these allow the Customer to log in to the Webshop after registration. The Customer is personally responsible for choosing a sufficiently reliable password.
6.4. The Customer must keep his/her log-in details, user name and password strictly confidential. AFC Ajax NV is not liable for any misuse of the log-in details and is always entitled to assume that a Customer connecting via the Webshop is in fact that Customer. The Customer bears full risk and responsibility for everything that is transacted via the Customer's account.
6.5. If the Customer suspects that his log-in details have fallen into unauthorised hands, he or she must change the password and/or notify AFC Ajax NV of the situation as quickly as possible so that AFC Ajax NV can take appropriate steps.
Article 7. Privacy
7.1. AFC Ajax NV respects the privacy of its Customers. AFC Ajax NV therefore exercises the greatest possible care when dealing with Customers' personal data. In this regard, AFC Ajax NV observes the current privacy-related laws and regulations, including the General Data Protection Regulation and the Dutch Telecommunications Act.
7.2. For further information about how AFC Ajax NV deals with personal data, see https://www.ajax.nl/privacy.
Article 8. Right of Withdrawal
8.1. The Customer is entitled to cancel the order via the Webshop for up to 14 days after receiving it, without having to provide reasons. Only returns that are pre-notified electronically via the Customer's account or via a link in correspondence, made within the said 14 day cooling-off period, will be dealt with. After cancellation and notification, the Customer has another 14 days in which to return the order he or she has received.
8.2. The full amount of the order, including the original shipping costs, will be credited to the Customer within 14 days after notification of the return, provided that the product is received back in good condition. The amount will be refunded into the Customer's account from which the payment was made. If the Customer does not return part of the order, the original shipping costs will not be reimbursed. The consumer will bear the direct costs of returning the product.
8.3. If the Customer exercises the Right of Withdrawal, the product will be returned to AFC Ajax NV along with all supplied accessories and - if reasonably possible - in its original condition and packaging.
8.4. During the 14 day cooling-off period, the Customer must take good care of the product, the packaging and the labels. The Customer will only unpack or use the order as far as is necessary to decide whether he or she wishes to keep the order. Returns are only accepted if the product is undamaged and unused and in the original packaging, subject to the foregoing comments.
8.5. The Customer bears the risk and burden of proof with respect to the proper and timely exercise of the Right of Withdrawal.
8.6. The Right of Withdrawal does not apply to the purchase of products manufactured in accordance with the Customer's instructions (custom work), such as personally designed Ajax shirts. The Customer may not rescind such an Agreement on the basis of the statutory cooling-off period.
8.7. If the Customer exercises the Right of Withdrawal, all additional agreements will also be cancelled by operation of law.
Article 9. Payment
9.1. The Customer must make payment to AFC Ajax NV in accordance with the payment method shown in the ordering process and in the Webshop. AFC Ajax NV is free to decide which payment methods it offers and these may also change from time to time. For payments after delivery, the Customer has 14 days in which to make payment, starting on the day after delivery, or else such payment period as has been agreed with the provider of the relevant payment method.
Article 10. Complaints procedure
10.1. If the Customer has a complaint about the service provided by AFC Ajax NV, he or she may submit this by phone, email or post. See the contact details at the end of the General Terms and Conditions.
10.2. AFC Ajax NV will respond to the Customer's complaint as soon as possible, but in any case within 14 days after receiving the complaint. If it is not possible at that point to provide a substantive or definitive answer to the complaint, AFC Ajax NV will acknowledge the complaint to the Customer within 14 days after receiving the complaint and provide an indication of when it expects to be able to provide the Customer with a substantive or definitive response to the complaint.
10.3. A Customer who is not acting in the exercise of a business or profession may also file a complaint via the European dispute resolution platform, via http://ec.europa.eu/odr/. Any decision given by this dispute resolution body is binding and AFC Ajax NV or the Customer must observe its terms.
Article 11. Liability
11.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of a business or profession.
11.2. The total liability of AFC Ajax NV for any imputable failure to perform the Agreement is limited to payment of a maximum amount equal to the price stipulated in the Agreement (including VAT).
11.3. Liability on the part of AFC Ajax NV to the Customer for indirect damage - which includes but is specifically not confined to consequential loss, lost profit, lost savings, loss of data and damage arising from business interruption - is hereby excluded.
11.4. Apart from the provisions in the preceding two paragraphs of this article, AFC Ajax NV has no liability whatsoever to the Customer for compensation, irrespective of the grounds upon which an action for compensation might be based. The limitations of liability included in this article will not apply, however, if and to the extent that the damage is the result of intent or gross negligence on the part of AFC Ajax NV.
11.5. Liability on the part of AFC Ajax NV to the Customer for any imputable failure to perform an Agreement only arises if the Customer immediately issues a proper written notice of default to AFC Ajax NV, setting a reasonable period for remedying the failure and if AFC Ajax NV persists in its failure to perform its obligations even after that period expires. The notice of default must contain as detailed a description as possible of the failure, so that AFC Ajax NV is in a position to respond properly.
11.6. Any right to compensation is always conditional on the Customer notifying the damage in writing to AFC Ajax NV as soon as possible but in any event within 30 days after the damage occurs.
10.7. AFC Ajax NV is not obliged to compensate any damage sustained by the Customer resulting from force majeure.
Article 12. Warranty
12.1. AFC Ajax NV warrants that the products ordered comply with the Agreement, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the Agreement was concluded.
12.2. AFC Ajax NV ensures that any images of the products offered online are as accurate as possible. However, AFC Ajax NV cannot guarantee that the colours shown on images of these products are the exact colours of the products that will be delivered.
Article 13. Final provisions
13.1. The Agreement is governed by Dutch law.
13.2. Unless prescribed by mandatory law, and unless the procedure mentioned in Article 10.3 of these conditions is used, all disputes arising from or in connection with the Agreement will be submitted to the competent Dutch court in Amsterdam.
13.3. The invalidity of any provision in these General Terms and Conditions does not affect the validity of the General Terms and Conditions as a whole. The Parties will in that case determine one or more new provisions to replace it, as far as legally possible expressing the intention of the original provision.
13.4. The expressions "written and "in writing" in these General Terms and Conditions include communication by email, provided that the identity of the sender and the integrity of the email are sufficiently established.
13.5. The copyright and other intellectual property rights to the products offered in the Ajax Webshop are vested in AFC Ajax NV and/or its licensors. The Customer acknowledges these rights and will refrain from infringing them.
Contact details
Please contact us by letter or email if you have any questions, complaints or comments after having read these General Terms and Conditions.
AFC Ajax NV
Johan Cruijff Boulevard 29
1101 AX, Amsterdam
Telephone: +31 (0)88- 183 1900
Email: Fancare@ajax.nl
Chamber of Commerce number 33302453