General Terms and Conditions

ARTICLE 1: DEFINITIONS

Tactical Fightwear, established in Nijmegen, Chamber of Commerce number 91390664, is referred to in these general terms and conditions as Tactical Fightwear. The counterparty of Tactical Fightwear is referred to in these general terms and conditions as the customer. The parties are Tactical Fightwear and the customer together. The agreement means the purchase agreement between the parties.

ARTICLE 2: APPLICABILITY OF GENERAL TERMS AND CONDITIONS

These terms and conditions apply to all quotations, offers, work, agreements, and deliveries of services or goods by or on behalf of Tactical Fightwear. Deviations from these terms and conditions are only possible if expressly and in writing agreed upon by the parties.

ARTICLE 3: PRICES AND PAYMENT TERMS

All prices specified by Tactical Fightwear on the website and in other written documents include statutory value-added tax (VAT). All costs included in the price are clearly specified. Additional costs that may arise are separately stated and are the responsibility of the customer. Products are shipped by Tactical Fightwear Netherlands, located in Rijswijk, Netherlands (“Tactical Fightwear Netherlands”). The customer is responsible for any customs duties, import charges, and taxes. Tactical Fightwear has no influence on such additional costs and cannot make statements about their amount. For more information, we advise you to contact customs at the destination. Purchase costs must be paid by the customer in advance. These are due from the moment the purchase agreement is concluded. Products will not be delivered to the customer before the full purchase amount has been received. In case of delayed payment, Tactical Fightwear may dissolve the agreement without notice. The payment methods we accept are listed on the website. We reserve the right to change these methods at any time we wish.

ARTICLE 4: OFFERS AND QUOTATIONS

Offers are without obligation unless a term for acceptance is stated in the offer. If the offer is not accepted within that term, the offer expires. Delivery times in quotations are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing. Offers and quotations do not automatically apply to reorders. Parties must expressly agree to this in writing.

ARTICLE 5: DELIVERY AND TRANSFER OF RISK

Once the purchased goods have been received by the customer, the risk transfers from Tactical Fightwear to the customer.

ARTICLE 6: DELIVERY

Generally, products are delivered to the delivery address provided by you when placing your order. The order is delivered within 2 to 5 working days, provided the desired products are fully available. In the case of delivery to certain countries, a longer delivery time may apply. Please consult our website for further information. All delivery terms are not legally binding. Failure to meet the delivery time does not entitle you to withdraw from the agreement. If Tactical Fightwear fails to deliver, you must first grant us an extension of at least 20 working days. During this period, we can still fulfill the agreement before you are entitled to cancel it. If the agreement is canceled, Tactical Fightwear will reimburse no more than the purchase price. All liability for further compensation for late or non-delivery is excluded. The customer agrees to possible partial deliveries. This applies if part of the ordered products is no longer available or can only be delivered at a later time. The order is considered completed when the order has been handed over by Tactical Fightwear Netherlands to the Dutch delivery service (or another transport company). Benefits and risks transfer to the customer from the moment the products are shipped. Tactical Fightwear is not liable for loss or damage to products during transport.

ARTICLE 7: FORCE MAJEURE

If Tactical Fightwear is unable to fulfill its obligations under the agreement due to force majeure, or cannot do so on time or properly, it is not liable for any damage suffered by the customer. Force majeure includes any circumstance that Tactical Fightwear could not have foreseen when entering into the agreement and which reasonably prevents the customer from expecting normal performance of the agreement, such as illness, war or threat of war, civil war and riots, molestation, sabotage, terrorism, power outages, floods, earthquakes, fire, occupation, strikes, staff lockouts, changed government measures, transport problems, and other disruptions in Tactical Fightwear’s business. Furthermore, parties understand that circumstances beyond our control include subcontractors on whom Tactical Fightwear depends for the execution of the agreement failing to meet their contractual obligations, unless this is attributable to Tactical Fightwear. If such a situation occurs, Tactical Fightwear’s obligations to the customer are suspended as long as Tactical Fightwear cannot fulfill them. If the situation lasts 30 calendar days, parties have the right to dissolve the agreement wholly or partially in writing. If the force majeure lasts longer than three months, the customer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered mail.

ARTICLE 8: TRANSFER OF RIGHTS

Rights of a party under this agreement may not be transferred without prior written consent of the other party. This provision serves as a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

ARTICLE 9: PRIVACY

Tactical Fightwear processes personal data exclusively in accordance with the Personal Data Protection Act and other applicable laws and regulations. Tactical Fightwear’s privacy policy, which can be found on the Tactical Fightwear website, applies to the processing of personal data by Tactical Fightwear in the context of its services.

ARTICLE 10: LIABILITY

Any liability for damage arising from or related to the execution of an agreement is always limited to the amount reimbursed in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy. Tactical Fightwear’s liability for damage resulting from intent or deliberate recklessness of Tactical Fightwear or its managerial employees is not excluded.

ARTICLE 11: CUSTOMER OBLIGATION

The customer is obliged to report complaints about the performed work to Tactical Fightwear without delay. The complaint must contain as detailed a description of the shortcoming as possible so that Tactical Fightwear can respond adequately. If a complaint is justified, Tactical Fightwear is obliged to repair and, if necessary, replace the items.

ARTICLE 12: WARRANTIES

If warranties are included in the agreement, the following applies. Tactical Fightwear guarantees that the sold goods comply with the agreement, will function without defects, and are suitable for the intended use by the customer. This warranty applies for a period of two calendar years after receipt of the sold goods by the customer. The warranty is intended to establish a risk distribution between Tactical Fightwear and the customer, so that the consequences of non-compliance with a warranty are always entirely at Tactical Fightwear’s expense and risk, and Tactical Fightwear can never breach a warranty in this regard. The previous sentence also applies if the breach was known or could have been known to the customer upon inspection. The warranty does not apply if the defect arose due to improper or incorrect use or if – without permission – the customer or third parties have made or attempted to make changes or have used the purchased goods for purposes for which they are not intended. If the warranty provided by Tactical Fightwear relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.

ARTICLE 13: APPLICABLE LAW

Only Dutch law applies to this agreement between Tactical Fightwear and the customer. The Dutch court has jurisdiction. The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are deemed unreasonably burdensome in legal proceedings, the remaining provisions remain fully in force.

ARTICLE 14: CUSTOMER SERVICE

If you have questions, comments, or complaints about our products and services, please contact our customer service by phone or email (contact details are on the website). Tactical Fightwear will make every reasonable effort to contact you within 3 working days.

ARTICLE 15: JURISDICTION

All disputes arising from this agreement will be exclusively submitted to the competent court of the Oost-Brabant District Court.