General Terms and Conditions CrossGuard B.V.

Version 20191101.03

Who are we?

1. We are CrossGuard B.V. (hereafter: CrossGuard), a private company with limited liability organised under the laws of the Netherlands. We are registered with the Chamber of Commerce in the Netherlands under number 64057801.

2. Our offices are in the Netherlands at Staalweg 1 (2612 KK) Delft. Our e-mail address is info@crossguard.biz and our telephone number is +31 648689306.

3. Our VAT-number is NL825871943B01.

When do these General Terms and Conditions apply?

4. These General Terms and Conditions (version 20191101.03) (hereafter: the Terms and Conditions) apply to all legal relations between CrossGuard and persons who place an order to buy a ProGauntlet (hereafter: Customersthe Customer or you), regardless of whether the Customers are legal or natural persons. 

5. The applicability of these Terms and Conditions has been confirmed by Customers. These Terms and Conditions have been provided to the Customers in the manner required by the law prior to the conclusion of an agreement between the Customers and CrossGuard to buy a ProGauntlet. Regardless, CrossGuard will provide the Customer with a copy of these Terms and Conditions free of charge at its first request.

6. Besides these Terms and Conditions, no other terms and conditions apply, with the exception of the technical manual provided by CrossGuard, unless CrossGuard agrees in writing that these other terms and conditions apply. In case of a conflict between the Terms and Conditions and the aforementioned other, as the case may be applicable, terms and conditions, the Terms and Conditions prevail, unless CrossGuard has agreed otherwise in writing explicitly and unambiguously.

7. In case of conflicts between these Terms and Conditions and the technical manual provided by CrossGuard these Terms and Conditions prevail.

8. Situations that are not covered by these Terms and Conditions should be assessed ‘in the spirit’ of these Terms and Conditions.

9. If any one or more provisions of our Terms and Conditions are determined to be ambiguous or unclear, they should be interpreted ‘in the spirit’ of these Terms and Conditions.

What is the ProGauntlet and how should it be used?

10. We sell the ProGauntlet, a glove designed specifically to offer a higher than usual level of protection to its user at only a small cost to the user’s freedom of movement (hereafter: the ProGauntlet or the goods). The ProGauntlet has been tested extensively, including but not limited to tests during Historical European Martial Arts (H.E.M.A.) practices and by exerting blunt force. As such, the ProGauntlet is intended to be used exclusively during H.E.M.A. practices by skilled H.E.M.A. practitioners. Use of the ProGauntlet by other persons can pose serious dangers to their health or life. Under no circumstances is the ProGauntlet to be used under other circumstances than its intended use. The ProGauntlet can only be used for its intended use if it fits perfectly. As such, the Customer is to ensure that the ProGauntlet fits by checking whether it has the correct size on www.crossguard.eu

11. THE CUSTOMER IS EXPRESSLY PROHIBITED FROM USING THE PROGAUNTLED (i) FOR OTHER USES THAN ITS INTENDED USE (ii) IN CASE IN CASE IT DOES NOT FIT PERFECTLY (iii) IF IT IS NOT PROPERLY MAINTAINED, (iv) IF IT IS DAMAGED, (v) IF IT IS DEFECTIVE.

12. CrossGuard warrants the quality of the ProGauntlet shall be in accordance with any reasonable expectations that the Customer may have as to the quality in terms of reliability, durability and usability and that the ProGauntlet is suitable for its normal, intended, use. In any case, CrossGuard warrants the specifications it has provided to the Customer regarding reliability, durability and usability are met. Notwithstanding the foregoing the Customer is to ensure the ProGauntlet is properly maintained and the Customer is to examine whether the ProGauntlet is damaged/defective in any way prior to using the ProGauntlet. 

13. It is expressly forbidden to modify the ProGauntlet in any way.

14. Any documentation concerning the ProGauntlet is in English. The Customer warrants that it will carefully examine the documentation and shall perform all instructions set forth therein. 

15. The Customer cannot derive any rights (or obligations) as the result of apparent errors or omissions in documents provided by CrossGuard, such as but not limited to, technical documentation, manuals, Terms and Conditions, promotional documents etc.

16. If an offer by CrossGuard has a limited duration or is subject to conditions, this will be explicitly stated in the offer. In case an offer by CrossGuard is only valid during a certain term, it can only be accepted during this term. In case the offer by CrossGuard is only valid under certain conditions, it can only be accepted under these conditions. Offers are non-binding, unless CrossGuard has stated otherwise explicitly and unambiguously.

17. Any offer by CrossGuard contains a detailed description of the content thereof. As such, the offer is limited to this description and any information omitted is not part of the offer.

18. Any offer by CrossGuard that is accepted by the Customer, subject to clause 17, is legally binding.

19. In case the offer is accepted by electronic means (i.e. on the internet / e-mail), CrossGuard will confirm the receipt of the acceptance of the offer as soon as reasonably possible. The Customer is entitled to withdraw (in Dutch: ontbinden) the offer until CrossGuard has confirmed the receipt of the acceptance.

20. In case the purchase agreement is concluded by electronic means and/or the payment by the Customer is made by electronic means CrossGuard will ensure it has taken appropriate technical and organisational measures relating to the transfer of data and its online web shop.

21. Prices mentioned by CrossGuard shall be including VAT, if applicable, and other applicable taxes and government levies, but not including any shipping or custom costs. In case of misprints / typing errors CrossGuard is allowed to correct the error and charge the correct price.

22. CrossGuard is not entitled to change prices within a three month term after a purchase agreement is concluded, except in case of a change of the rate of VAT or any other applicable government levy and in case the cost price regarding the ProGauntlet has changed due to government measures or price fluctuations. However, when the three month term has expired, CrossGuard is entitled to change the price. 

Right of withdrawal

23. The Customer shall have a period of 14 days to withdraw (in Dutch: ontbinden) from a purchase agreement with CrossGuard, without giving any reason, and without incurring any costs other than the costs mentioned below. The withdrawal period shall expire after 14 days from:

  1. the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods or:
  2. in the case of multiple goods ordered by the Customer in one order and delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good;
  3. in the case of delivery of a good consisting of multiple lots or pieces, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece;
  4. in the case of contracts for regular delivery of goods during defined period of time, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the first good.

24. CrossGuard shall refund all payments received from the Customer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which CrossGuard is informed of the Customer’s decision to withdraw from the contract in accordance with clause 23. Unless CrossGuard has offered to collect the goods himself, with regard to the purchase contract with the Customer, CrossGuard may withhold the reimbursement until it has received the goods back, or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest

25. CrossGuard shall carry out the reimbursement referred to in clause 24 using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any fees as a result of such reimbursement.

26. Unless CrossGuard has offered to collect the goods himself, the Customer shall send back the goods or hand them over to CrossGuard or to a person authorised by CrossGuard to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to CrossGuard. The deadline shall be met if the Customer sends back the goods before the period of 14 days has expired.

27. The Customer shall only bear the direct cost of returning the goods unless CrossGuard has agreed to bear them or CrossGuard failed to inform the Customer that the Customer has to bear them.

28. The Customer shall only be liable for any diminished value of the goods  resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

29. The right of withdrawal shall not apply if the goods are made to the Customer’s specifications or clearly personalised.

How are the goods delivered?

30. Goods shall be delivered on the address that the Customer has provided to CrossGuard. Any delivery times provided by CrossGuard are indicative.

31. Unless agreed on otherwise goods shall be delivered EX Works, meaning that the Customer incurs the risks for bringing the goods to their final destination. In case CrossGuard loads the goods at its premises on behalf of the Customer, he does so at the Customer’s risk and costs.

What about defects and damages?

32. Any defects / damages must be reported to CrossGuard as soon as possible and in any event within 2 months after the Customer knew about the defect / damage. If the Customer fails to do so, it cannot claim repair of the goods, substitution of the goods or damages.

33. In case of defects / damages to the goods the Customer is to ensure that the goods are properly repaired. It is expressly forbidden to use the ProGauntlet if its defective and/or damaged.

What about complaints?

34. While we hope you are satisfied with the ProGauntlet, in case of complaints you can reach us at 

E-mail: info@crossguard.eu

Tel.: +31 648689306

Of course, we are also happy to discuss complaints at our address in the Netherlands at Staalweg 1 (2612 KK) Delft.

Limitation of Liability

35. The liability of CrossGuard is limited to the amount that it is insured for under the relevant circumstances.

Retention of Title

36. The goods delivered by CrossGuard shall remain the property of CrossGuard, without prejudice to the transfer of the risk in respect of such goods to the Customer. This retention of title shall end and the goods shall be regarded as having become the property of the Customer only if and insofar as the Customer has paid CrossGuard all that which it owes.

Intellectual Property Rights

37. The technology used when creating the ProGauntlet is protected by intellectual property rights. These property rights are owned by CrossGuard and/or its affiliated companies. The Customer is not entitled to disassemble the ProGauntlet for other purposes than maintenance. Under no circumstances is the Customer allowed to retro- or reverse engineer the Pro Gauntlet and/or make copies of the ProGauntlet.

In case of disputes

38. The legal relation between CrossGuard and the Customer is governed exclusively the laws of the European part of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

39. Disputes shall be submitted exclusively to the competent court of The Hague, the Netherlands. However, if you are a consumer and have your habitual residence in the EU, you may also bring a claim to enforce your consumer protection rights in connection with the Terms and Conditions in the EU Country in which you live.