GENERAL TERMS AND CONDITIONS

1 General

1.1 Orders can only be accepted from the following countries: Austria, Belgium, Denmark (excl Faeroe Islands and Greenland), Finland, France, Germany, Greece, Ireland, Italy (excl. San Marino and Vatican City), Luxembourg, Netherlands, Norway, Portugal, Spain (excl. Canary Islands), Sweden, Switzerland, United Kingdom (excl. Gibraltar and Channel Islands).
1.2 These conditions apply to all products, deliveries and services between GuardKit and the customer. In the event that the client does not wish to accept the validity of the following terms and conditions of doing business and terms and conditions of delivery, it must give the Company prior notice thereof, in writing.
1.3 If individual provisions of these General Terms and Conditions should be or become completely or partially invalid, this shall not affect the validity of the remaining provisions. Instead, the invalid provisions shall be replaced by a provision that, as closely as possible, approximates the intended purpose.

2 Prices and Products

2.1 The prices on the GuardKit website are in Euro (on the English website UK Pounds) and are inclusive 19 % Tax (VAT), unless explicitly corresponded, excluding packing, costs for transport and remaining costs.
2.2 All eventually extra cost of customs and other cost if the order is sent to another country than the Netherlands are for the customer.
2.3 Our products are advertised as accurately, clearly and truthful as possible. Be aware that the length of the colour plate depends on the type of mouthguard and can be shorter than the transparent. We have made effort to display as accurately as possible the colours of our products that appear on this Website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual product. All sizes and measurements quoted are approximate.
2.4 The product is manufactured to the specifications of the consumer and is individually made. Therefore the customer has no right of cancellation within seven days of purchase by the Distance Selling Regulations. Due to the nature of the goods the consumer has no cooling-off period of seven working days.

3 Guarantee and Liability

3.1 GuardKit guarantees that the goods provided meet the requirements and standards and are free of any defect. The guarantee shall be valid for a period of 12 months following delivery.
3.2 The consumer shall be held to inspect the delivered goods at the moment of delivery, but in any case in as short a period of time as possible. In this respect, the consumer must examine whether the quality and the quantity of the delivered goods comply with what was agreed upon, or at least whether they meet the requirements applying to said goods in normal (business) transactions.
3.3 Possible visible shortcomings must be communicated in writing to GuardKit within three days following delivery. The consumer must inform GuardKit a non-visible defect must within 7 days following its detection, but in any case before the guarantee period expires, observing the stipulations of the previous paragraph. When the guarantee period has expired, GuardKit shall be entitled to charge the consumer for all repair or replacement costs, including administration and shipment costs.
3.4 If in accordance with the previous paragraph, the consumer files his complaint in due time, he shall still be held to take delivery and effect payment of the goods purchased. If the consumer wishes to return defect goods, he shall do so following prior consent in writing from GuardKit.
3.5 GuardKit mouthguards are used on the consumer’s own risk. A GuardKit mouthguard diminishes the risk of an injury, but GuardKit cannot guarantee the prevention and cannot be held responsible for injuries. The moment a consumer purchases goods from GuardKit this exclusion of liability has been accepted.
3.6 Without prejudice to the above, GuardKit shall not be liable if the damage is attributable to intentional act or omission and / or gross negligence and / or imputable actions, or to injudicious or improper use on the part of the consumer.
3.7 When the producer of a defective good is liable for consequential damage, GuardKit's liability shall be limited to repairing or replacing the defective good, or to returning the purchase costs.
3.8 If the goods delivered by GuardKit are defective, GuardKit's liability to the consumer shall be limited to the arrangements made in the present terms and conditions.

4 Suspension and Dissolution

4.1 GuardKit shall be authorised to suspend the fulfilment of the obligations under the agreement or to dissolve the agreement, in the event that costumer does not fulfil or does not fully fulfil his obligations resulting from the agreement
4.3 After the agreement has been concluded, GuardKit learns of circumstances giving good ground to fear that the consumer will not fulfil his obligations. If good ground exists to fear that the consumer will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.

5 Force Majeure

5.1 GuardKit is not been kept to complying with any obligation, if they are impeded to this end as a result of a circumstance blame which is not to debt, and nor under the law, an act of law or in the movement applying conceptions at their expense comes.
5.2 Parties can suspend the obligations during the period that supremacy continues from the agreement. If this period lasts longer than two months everyone has been entitled to annul the agreement, without obligation to compensation of damage to the other party.

6 Safeguarding

6.1 The consumer shall safeguard GuardKit against claims filed by third parties concerning intellectual property rights on material provided by the consumer, which shall be used for and during the execution of the agreement.
6.2 If the consumer provides GuardKit with information carriers, electronic files or software etc., the former shall guarantee that said information carriers, electronic files or software are free of viruses and defects.

7 Applicable Law and Disputes
7.1 Dutch law shall apply to each and every agreement between GuardKit and the consumer. The Vienna Sales Convention shall be explicitly excluded.
7.2 The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.