Terms & Conditions

PLACING AN ORDER

·       Find the product(s) you want on the THE LINE SMITH / 9Bft-SPORTS.EU  website

·       Select the size you require and press ‘Add to Basket’

·       Once you’ve added all of the items you require to your basket, select checkout option

·       You will be asked to input your shipping & billing details

·       Review your order to ensure all items & details are correct

·       Press ‘Place Order’

·       You will then receive an order confirmation via email to the email address provided at the time of ordering

In the unlikely circumstance we’d be unable to fulfill your order for whatever reason, an email will be sent to the address supplied by yourself when you placed the order explaining the issue that may have arose.

Remember to check your basket and delivery information to ensure your order is correct before pressing the ‘Place Your Order’ button, as we may not be able to amend your order once it has been submitted.

1.1 THE LINE SMITH RESERVES THE RIGHT TO REJECT OR CANCEL YOUR ORDER FULFILLMENT OF ALL ORDERS ON THE THE LINE SMITH WEBSITE. WE EXPLICITLY RESERVE THE RIGHT NOT TO ACCEPT YOUR ORDER FOR ANY OF THE FOLLOWING REASONS:

·       The product is not available / in stock

·       Your billing information is not correct or not verifiable

·       Your order has been suspected of fraudulent activity

·       We could not deliver to the address provided by yourself

·       Force Majeure

·       In the event of misspelling, pricing or other errors or mistakes in the website information

1.2 DATA CHECK

We may run some checks on your details before we ship your order. These checks may include verifying your address and payment details linked to your order. Any orders found to be made under fraudulent pretenses will be followed up with an investigation.

1.3 USER CONTENT

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

1.4 Deletion of User Content

If you wish to delete your user content on our website or in connection with our social accounts, please contact us by email at SUPPORT@THE LINE SMITH  and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

2.1 Currency & Prices

The product prices displayed on the website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered.

2.1 PRICES MAY VARY ACROSS STORES.

Conversion rates may apply.

2.2 PRICE CHANGES

THE LINE SMITH reserves the right to change the price of a product at any time without any forewarning. Any orders placed prior to this change cannot be amended to the revised price.

3.1 GIFT CARDS

Once a gift card has been issued, the card becomes that customers’ property.
Gift Cards cannot be used in the purchase of another Gift Card.
THE LINE SMITH reserves the right to refuse or cancel a gift card without any further discussion.
Gift cards have a validity of 12 months, and don’t need to be spent all at once.
Gift cards are only valid on the site in which they have been purchased from. I.e. www.THE LINE SMITH gift card purchases can only be utilised on the THE LINE SMITH store.

If a gift card is used as payment, refunds will be refunded back onto the original gift card.

3.2 DISCOUNT CODES

Only one discount code can be used per order.

THE LINE SMITH reserves the right to refuse or cancel the use of a discount code without any further discussion.
Usage of discount codes are subject to stock availability.


 

3.3 Promotional Offers

Promotions may vary across stores

4.0 Shipping
All orders made on the THE LINE SMITH website are dispatched from the Netherlands. We aim to get all orders out on the same day Monday to Saturday; however, due to volumes this is not always possible. Tracking numbers, if applicable, are included in dispatch confirmation emails.

THE LINE SMITH cannot be held accountable for parcels delayed to reasons beyond our control, including but not limited to the following:

Customs, service strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, weather, natural disasters, fire, epidemics or failure of public or private telecommunications networks.

Your order will dispatched on our standard service (3-5 working days). Offer available for a limited time only.


 

CUSTOMS

Countries outside of the European Union may be subject to additional duties to be paid.

As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you reside in; payment of these is necessary to release your order from customs on arrival.

The final value of your order does not include any additional duties required. The carrier, prior to delivery, will inform you of the additional duties.

If you refuse to pay the duties to release your order, the order will subsequently be returned back to the THE LINE SMITH warehouse and refunded. A shipping & handling fee will be deducted from your refund.

By law, THE LINE SMITH is required to state the correct amount paid for any outgoing international package. Any requests to change this information will be denied.

INTELLECTUAL PROPERTY RIGHTS

THE LINE SMITH owns all intellectual property rights in the website and in the material published on it. These works are protected by copyright laws worldwide.

Permission is granted to temporarily download one copy of the materials (information or software) on THE LINE SMITH’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on THE LINE SMITH web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by THE LINE SMITH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

THE LINE SMITH
part of 9 BEAUFORT SPORTS
Dutch chamber of commerce 39098443
VAT NO: NL002175002B43

 

TERMS AND CONDITIONS B2C

 1 VALIDITY

For any (business) relationship between THE LINE SMITH („9 BEAUFORT SPORTS“ and the customer starting from 01.07.2017 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.

The customer recognizes the exclusive validity of 9 BEAUFORT SPORTS’s General Terms and Conditions for the entire business relationship. 9 BEAUFORT SPORTS will not recognize any different conditions of the customer unless the management of 9 BEAUFORT SPORTS has expressly agreed in writing to their validity. If the customer enters into a business relationship with 9 BEAUFORT SPORTS by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and 9 BEAUFORT SPORTS.

• 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION

The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now ’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.

You have the possibility of making the purchase contract in English language. The ordering and transaction language may also be English. We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.

If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.

9 BEAUFORT SPORTS reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.

All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.

Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.

CANCELLATION POLICY

Cancellation rights

Due to the custom / built to order nature of the products you do not have the right for cancelation. Unless agreed upon differently at the time of ordering.

Beyond the statutory cancellation period we do offer a 14 day cancelation right for stock items. Such as pigtails, stock safetyline & the line system.

This cancellation rights must be exercised by informing us,

9 BEAUFORT SPORTS
Noordereinde 38-27
1243JG ‘s-graveland

e-mail: info (at) thelinesmith.eu

by means of an unequivocal declaration (e.g. by a letter sent by post or e-mail) of your decision to cancel this contract.

To observe the cancellation period, it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.

We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.

You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you informed us of the cancellation of this contract, to:

9 BEAUFORT SPORTS

The time limit is observed if you dispatch the goods before the end of the fourteen-day period.

If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.

The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:

Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.

Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.

Items that can be sent by parcel are to be sent back at our risk. You bear the direct costs of the return of goods.

The return of goods that cannot be sent by parcel has to be done through Fed Ex Freight or other freight forwarding agencies and the cost must also be borne by the customers. The costs of freight forwarding may vary according to delivery country.

The place of delivery for company business is our company location.

• 3 DELIVERY

Should nothing different be requested by the customer then the delivery address entered by the customer will be used.

Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.

If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.

The delivery is sent from our workplace in the netherlands, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.

Delivery and service delays due to acts of God are not the responsibility of 9 BEAUFORT SPORTS. Such events give 9 BEAUFORT SPORTS the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at 9 BEAUFORT SPORTS or distributors of 9 BEAUFORT SPORTS.

In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.

• 4 PAYMENT AND LATEPAYMENTS

All product prices at 9 BEAUFORT SPORTS are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Any customs duties occurring through delivery are borne by the buyer.

Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro. 9 BEAUFORT SPORTS converts currencies based on the exchange rates of European Central Bank.

Customers from non-EU countries can order at 9 BEAUFORT SPORTS minus sales tax. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of 9 BEAUFORT SPORTS. Any customs duties that may arise have to be paid by the customer.

The retail price is payable upon placement of an order.

The customer can pay the purchase price by credit card and Pay Pal. In the case of payment by cash on delivery any delivery charge will be passed on without supplement. The customer has the possibility at all times of requesting the 9 BEAUFORT SPORTS log-in data in order to follow up his/her order.

Should the customer delay in paying, 9 BEAUFORT SPORTS has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Netherlands National Bank. If 9 BEAUFORT SPORTS incurs a higher rate of interest for delay, 9 BEAUFORT SPORTS has the right to pass this on.

• 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS

A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by 9 BEAUFORT SPORTS. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.

• 6 PROPRIETARY RIGHTS

All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of 9 BEAUFORT SPORTS.

• 7 GUARANTEE

The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.

Claims against 9 BEAUFORT SPORTS which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.

The guarantee is not valid against normal wear and tear caused by use of a product.

Should a defect in a purchased item be the responsibility of 9 BEAUFORT SPORTS, then 9 BEAUFORT SPORTS is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If 9 BEAUFORT SPORTS is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of 9 BEAUFORT SPORTS or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.

If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then 9 BEAUFORT SPORTS will bill the customer for any expenses incurred.

Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.

• 8 DISCLAIMER

Claims by the customer other than the guarantee claims laid down in •7, especially damages claims, are excluded, in as far as this is legally permissible. Thus 9 BEAUFORT SPORTS accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of 9 BEAUFORT SPORTS is excluded or limited, this also applies for the personal liability of employees, representatives or agents.

The liability limitation defined in • 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.

9 BEAUFORT SPORTS accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.

The customer expressly understands that lines are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that mounting any 9 beaufort product is at it’s own responsibility. The customer undertakes to have the settings / mounting / adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.

• 9 LINKS AND REFERENCES

The links to outside pages made by 9 BEAUFORT SPORTS are only signposts to these sites; therefore, they are presented in specific browser windows by means of external links. 9 BEAUFORT SPORTS does not identify with the content of these pages to which reference is made and accepts no responsibility for them.

• 10 INFORMATION OBLIGATIONS

On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform 9 BEAUFORT SPORTS of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then 9 BEAUFORT SPORTS may withdraw from the contract, in as far as such a contract has been made.

• 11 APPLICABLE LAW AND JURISDICTION

european law applies.

In all legal matters European law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between 9 BEAUFORT SPORTS and the customer applies, in as far as this is legally permissible.

For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable dutch provisions are more favorable.

If the customer is not subject to general legal jurisdiction in dutch, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Steyr will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.

• 12 DATA PROTECTION

All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.

• 13 SEVERABILITY CLAUSE

Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.