TERMS & CONDITIONS
All order and deliveries are made on the following terms and conditions
- All books and products are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without prior consent in any form of binding or cover than that in which it is published and without a condition to the same effect as this condition being imposed on the subsequent purchase.
- The price of books and products is exclusive of any applicable value added or other tax or bank charges which the customer shall be additionally liable to pay to Swimtraxx if shown on the invoice.
- Goods are supplied subject to the credit terms and credit limit separately agreed between the customer and Swimtraxx. Credit for trade customer can be withdrawn without notice.
- Payment shall by (credit) card – Visa, Mastercard or debit cards can be accepted in Pounds sterling, Euro’s and dollars.
- All proforma invoices are subject to the order being accepted and to the availability of the goods. Proformas shall lapse 21 days after issue.
- If the customer fails to make any payment on the due date then, without prejudice to any right or remedy available to Swimtraxx, Swimtraxx shall be entitled to charge the customer interest on the amount unpaid at a rate of 3% per annum above the Bank of England Base Rate.
- Costs incurred by Swimtraxx in the recovery of debt shall be payable by the customer.
- Swimtraxx reserves the right to withhold (without prior notice if, at Swimtraxx sole discretion, immediate action is necessary) further supplies in the event of amounts payable being overdue, breach of any of the conditions of this agreement, or any other reason which, at Swimtraxx’s discretion, warrants such action.
- Title and property in any goods, including full legal and beneficial ownership, shall not pass to the customer until Swimtraxx has received full payment (in cash or cleared funds) for all goods delivered to the customer under this and all other contracts between the customer and Swimtraxx. Full payment of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the customer and Swimtraxx.
- Delivery of goods is at the customer’s expense and liability. Orders: Delivery is sent “Delivered At Place” or DAP. This means the customer is responsible for any duties and taxes that may be payable to Customs prior to the customer taking delivery.
- Delivery dates are only a guide and not legally binding. Swimtraxx uses standard mail delivery around the world with dispatch by delivery partners including Royal Mail, UK Mail, DHL, DPD, TNT and UPS. Swimtraxx accepts no liability for deliveries after they leave the warehouse, and cannot be held liable for any local delays or failures due to customs or local delivery issues. Where guaranteed overseas delivery is required please contact the office and for an additional fee a courier can be used and the goods insured.
- Goods are supplied on 14 day return basis assuming returned in perfect condition to our HQ at Ambachtenlaan 44, 3001 Leuven, Belgium.
- Swimtraxx will not be liable for shipment charges on returns or changes in the book prices between sale and return. Goods are only deemed to have been returned when they are signed for by Swimtraxx at our offices.
- The customer shall inspect the goods on delivery and inform Swimtraxx in writing within 48 hours. Replacement can be refused if it not in stock.
- It is the customer’s responsibility to provide Swimtraxx with a full and correct postal address. Swimtraxx reserve the right to charge for redelivery in the event of incorrect details.
- Subject to our conditions the total liability of Swimtraxx to the customer whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or connection with these terms and conditions shall not exceed 100% of the amount payable by the customer to Swimtraxx under these terms and conditions in respect of the order giving rise to liability.
- Swimtraxx shall not be liable to the customer whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of profit, revenue, use, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatsoever or howsoever arising from of or in connection with the terms and conditions. For the avoidance of doubt:
- Swimtraxx shall not be liable for any delay or failure to perform its obligations under the agreement if any delay or failure was due to any cause beyond Swimtraxx’s reasonable control.
- Swimtraxx shall not be liable for any loss suffered by the customer arising from the failure of Swimtraxx to fulfil its obligations where such failure is due to events outwith the control of Swimtraxx
- Any agreement for the supply and sale of goods on these terms and conditions shall terminate immediately if any order is made for the customer’s bankruptcy, if the customer makes any composition arrangement with its creditors, becomes subject to an administration order, goes into liquidation (other than for the purposes of amalgamation or reconstruction), if an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer, or if the customer, being a trade customer, ceases or threatens to cease to carry on business, or if Swimtraxx believes and of these events is about to occur. If the goods have been delivered but not paid for the price shall become immediately due and payable.
- Swimtraxx reserves the right (without notice if, at Swimtraxx’s sole discretion, immediate action is necessary) to terminate supply or orders of, or (in cases where the order has been despatched) reclaim title and property in, any book which is (or in Swimtraxx’s reasonable opinion may become) the subject of a libel action or any similar reason.
- The agreement for the supply of goods shall be governed by the laws of Belgium and these terms and conditions will be interpreted in accordance with these laws.
- If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable this shall not affect the validity or enforceability of the other provisions of these terms and conditions.
- No waiver by Swimtraxx of any breach of the agreement by the customer will be treated as a waiver of any subsequent breach of the same or any other provision.
- We do not sell to businesses nor to individuals for professional purposes. When you buy from us, you agree to only use our product for private purposes in accordance with the Belgian VAT code. We therefor do not offer an invoice by default. Invoices can be requested for a fee of 10€/invoice at invoicing@scienceofwinning.org
- Customer agrees to be bound to our terms and conditions. We are Smient vzw (1009241943), named “Swimtraxx” on this website.
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