Terms of Service

ARTICLEL 1. DEFINITIONS

Global Sports Group B.V.

ARTICLE 2. APPLICABILITY

  1. These terms shall apply to any propositions, special offers and agreements between Global Sports Group B.V. and a client to which Global Sports Group B.V. has declared the applications of these terms, insofar the parties have not explicitly withdrawn these terms in writing.
  2. The relevant terms and conditions also apply to agreements between Global Sports Group B.V. and third parties, who get assigned for delivering the goods.
  3. These terms and conditions also apply to employees of Global Sports Group B.V. and its management.
  4. The applicability of any purchase or other customer claims shall be expressly rejected.
  5. If these provisions or several provisions of these terms and conditions are, at any time, declared in whole or in part null and void, the remainder of these terms and conditions will continue to apply. Under these special circumstances, Global Sports Group B.V. and the customer shall confer to agree on new terms replacing, in whole or in part, the terms and conditions that have been declared null and void. These shall then be implemented with the utmost respect to maintain the original purposes and objectives.
  6. If the provisions or several provisions of these terms and conditions are unclear, the interpretation in the original sense of these terms and conditions applies.
  7. If the parties get into situations not being covered by these terms and conditions, such situations shall be evaluated following these terms and conditions.
  8. If Global Sports Group B.V. does not continue to require strict compliance with these terms and conditions, it shall not imply that the provisions therein shall not apply or that Global Sports Group B.V. loses its right to strict compliance with these terms and conditions in any way or any extent.
  9. Global Sports Group B.V. reserves the right to change or modify the terms and conditions and the content of this website.

ARTICLE 3. PROPOSITIONS AND SPECIAL OFFERS

  1. All propositions of Global Sports Group B.V. are un-binding unless the proposition states a term of acceptance. A proposition or special offer expires if the product is no longer available in the meantime.
  2. Global Sports Group B.V. shall not be bound by its proposition, if one can assume that the customer could recognize an obvious error or a mistake in writing concerning the proposition or the special offer, in whole or in part.
  3. The prices indicated in a proposition or special offer include VAT, packaging, shipping and handling fees unless otherwise stated.
  4. If the acceptance (either by the provisions stated below or otherwise) differs from the proposition or special offer details, ISCB B.V. is not bound. In that case, the acceptance does not concur to the proposition or special offer, unless Global Sports Group B.V. states otherwise.
  5. Combined price quotations shall not oblige ISCB B.V. to perform any part of the order at a proportionate amount of the offered price. Special offers and estimates shall not automatically apply to future orders.
  6. Special offers do not automatically apply to follow-up orders.

ARTICLE 4. ORDER CONFIRMATION AND AGREEMENT

  1. After Global Sports Group B.V. has received the order, Global Sports Group B.V. will confirm the order in due time, except in cases where one cannot expect Global Sports Group B.V. to comply with the customer agreement. Global Sports Group B.V. reserves the right to refuse an order and, therefore, to refrain from the confirmation for any reason whatsoever. The reasons are not limited to: product stock, problems in receiving an order, or problems in completing an order. However, there may also be other problems that can lead to the rejection of an order.
  2. Upon receipt of the order, Global Sports Group B.V. will inform the customer by email about the availability of the products. If a product is (temporarily) unavailable, follows consultation with the customer. After the consultation with the customer, Global Sports Group B.V. will confirm and finalize the order as agreed. The customer must pay in advance to receive the ordered goods.
  3. There are exceptions where some of the agreed and paid goods, for whatever reason, are no longer available. In such a case, the customer will receive a credit note for the value of the undeliverable goods.
  4. This agreement contains all agreements between the customer and Global Sports Group B.V. and replaces all previous agreements, arrangements and/or contracts between the customer and Global Sports Group B.V.
  5. Unless proven otherwise, the Global Sports Group B.V. records shall constitute valid evidence of the assignments and payments made by the customer to Global Sports Group B.V. and the delivery executed by Global Sports Group B.V., admitting that electronic communication may serve as evidence. By accepting these general terms and conditions, the customer acknowledges this.

ARTICLE 5. PRICES

  1. The total amount stated in the order confirmation is binding and conclusive, and it includes the unit price of the purchased items, processing, packaging materials and shipping.
  2. Within the EU, customs duties and taxes are liable to European regulations.
  3. Global Sports Group B.V. will only send a separate invoice to the address submitted by the customer upon his explicit request.
  4. Global Sports Group B.V. is entitled to change prices and to amend any possible errors. If the customer has placed the order based on a (protected) published price list, and the prices were subject to change, the customer will be informed via e-mail accordingly. In case of a price change, the customer has the right to cancel the order within two days. Global Sports Group B.V. cannot be held liable for possible (printing) errors on their prices or conditions.

ARTICLE 6. DELIVERY

  1. Upon acceptance of an order by Global Sports Group B.V., the goods shall be consigned to GLS in due time. GLS will then ship the parcel to the address submitted by the customer unless otherwise agreed with the customer during the preliminary stages.
  2. Delivery times indicated to the customer in writing are estimations and cannot be guaranteed. Parcels may be delayed unexpectedly due to the postal services. That is beyond the control of Global Sports Group B.V., and they cannot be held liable for such delays. Any delay induced by customs of a respective country is at the customer's risk.
  3. The delivery time starts with the consignment to GLS or other shipping services.
  4. If a parcel (when shipped from The Netherlands) does not arrive within the indicated delivery time, we will not take any action for at least four weeks. The reason is that often the delayed shipment can still be delivered within this period.
  5. For deliveries outside the EU, any import duties for several products are at the customer’s expense. The customer must be aware of the import regulations of his/her country. Import duties are beyond the control of Global Sports Group B.V., and they cannot be held liable for this.
  6. Any costs related to the delivery are at the expense of the customer.
  7. The customer is obliged to accept the purchased goods as soon as they are made available or handed over.
  8. If the customer refuses to accept the goods or is negligent in providing directions or the correct address, the parcel will be stored at the customer’s own risk. Any additional costs for repeated deliveries or storage of the goods will be charged to the customer.
  9. Not all shipments will be automatically insured. The parcel post insurance depends on the value and/or the content of the parcel and the customer requirement. If, after consultation between Global Sports Group B.V. and the customer, a parcel post insurance was agreed, Global Sports Group B.V. will request an investigation from the carrier in case of loss or damage of the shipment.
  10. Global Sports Group B.V. can only adhere to the delivery agreement with the customer if the customer has provided Global Sports Group B.V. with the correct data necessary for the delivery.

ARTICLE 7. WARRANTY

  1. Global Sports Group B.V. guarantees that all delivered goods shall at least comply with the warranties by the OEM (Original Equipment Manufacturer). Global Sports Group B.V. shall undertake the utmost to ensure that the ordered goods shall be handled with the utmost care during the processing to comply with the duly accomplished packaging.
  2. No warranty shall be given on goods where is clear that 1) the customer or third parties have modified or attempted to modify the goods without permission or written consent, or 2) the goods have been used for other than the intended purposes.

ARTICLE 8. RECEPTION

  1. The customer is obliged to examine (or to have examined) the delivered goods as soon as the goods are made available or as soon as the assigned carrier has delivered the goods. By this examination, the customer shall be obliged to verify whether the quality and/or the quantity of the delivered goods correspond to what has been agreed and meets the requirements agreed by the parties with respect to the delivery. If any defects are found, Global Sports Group B.V. shall be notified within 48 hours from the ascertainment by e-mail to info@masita.com by specifying the delivery note number.
  2. If the customer shall receive delivery in a visibly damaged parcel and/or the customer shall assume that the content is damaged, he/she shall undertake the following: 1) The customer is obliged to take photos of the delivery as it was delivered. 2) The customer is obliged to state the damage of goods/delivery on the confirmation of receipt or the returns form.
  3. The customer is obliged to require a copy (or to make a copy) of the confirmation of receipt/returns form. Only then the carrier who delivered the parcel can leave.
  4. The customer is obliged to verify the content of the package immediately upon receipt. If the contents are damaged, the customer is obliged to report the damages to Global Sports Group B.V. as detailed as possible within 48 hours, supplemented by photographic evidence. Only then Global Sports Group B.V. shall be able to investigate and perhaps accept the claims of damaged goods.
  5. Goods may only be returned upon consultation with Global Sports Group B.V. and written consent.
  6. If damaged goods get returned by the customer, the transport costs shall be at the customer's expense. The costs for replacing the damaged goods are at the expense of Global Sports Group B.V.

ARTICLE 9. LIABILITY

  1. In cases where Global Sports Group B.V. shall be held liable, the liability shall be limited to what is provided by the provisions of these terms and conditions.
  2. If the goods delivered by Global Sports Group B.V. are in poor conditions, the liability of Global Sports Group B.V. is limited to the regulations stated under „Warranty“ in these terms and conditions.
  3. In case of consequential damage, Global Sports Group B.V. limits itself to replacing the delivered goods or reimbursing the purchase price.
  4. The customer accounts personally for the choice of products, their storage and handling. Global Sports Group B.V. cannot be held liable for any damages caused by intentional and/or non-accidental actions or inappropriate use by the customer.
  5. Global Sports Group B.V. shall not be liable for damages of whatever nature, which may be or may have been caused by incorrect and/or incomplete data provided by the customer.
  6. Global Sports Group B.V. shall only be liable for damages in case of an evident defect of the transport packaging and the intentional violation of the rules of conduct conform with the written customer agreement.
  7. Global Sports Group B.V. shall never be liable for indirect damages, including consequential damages, loss of profit, missed savings and losses in the wake of business interruption and/or any other type of stagnation.
  8. In any event, the liability of Global Sports Group B.V. is limited to the amount paid by the insurer, if any.
  9. Global Sports Group B.V. shall neither be liable for printing, writing and/or counting errors, the incorrect interpretation of product information, offers, order confirmations or invoices nor for the incorrect use of products and/or materials and consequences thereof.
  10. The limitations of liability included in this article shall not apply if the damages are due to intent or gross negligence of Global Sports Group B.V.

ARTIKEL 10. TRANSFER OF RISKS

  1. The risks from product loss or damage, which are subject to this agreement, are transferred to the customer at the moment where the products are legally and/or effectively delivered to the customer or a third party appointed by the customer.

ARTICLE 11. PAYMENT

  1. No rights may be derived from incorrect prices and/or pictures.
  2. Payment must be made via masita.com and through the proposed payment methods. The ordered goods will be processed and shipped upon payment.
  3. In no case, Global Sports Group B.V. will provide personal customer data to third parties and acts in accordance with Dutch law (including the Registration of Persons Act).

ARTICLE 12. CANCELLATION RIGHT

  1. For 14 days after the purchase, the customer has the right to cancel the order without giving reasons. Global Sports Group B.V., returns department, must be notified of this in writing within 14 days upon purchase. Any costs for returning the goods are at the expense of the customer.
  2. The customer may cancel the purchase without giving reasons only if he returns the goods complete, undamaged and unused, and in the original packaging.
  3. The customer is fully accountable for returning the goods, the delivery method and insurance of the shipment.
  4. If, after the return to Global Sports Group B.V., it proves that the return’s packaging was damaged or that the returned goods do not comply with the provisions stated under paragraph 2 of this article, Global Sports Group B.V. shall inform the customer accordingly within two working days at the latest.
  5. Paragraph 1 of this article does not apply to supplies and accessories from special offers.

ARTICLE 13. COMPLAINTS

  1. If, as a result of breakage, damage or incorrect delivery, the delivered goods do not meet the customer's expectations, the customer is obliged to notify Global Sports Group B.V. about the deficiencies within 48 hours after receipt of the goods. If Global Sports Group B.V. does not receive any complaint within these 48 hours, it shall be deemed that the delivery goes conform with the order to the full extent.

ARTICLE 14. INTELLECTUAL PROPERTY

  1. Global Sports Group B.V. reserves all rights and powers under the Dutch Copyright Act (Copyright Act) and several other laws and legislation on intellectual property.
  2. Global Sports Group B.V. is the owner and/or licensee of all copyrights, database applications, (owned) brands and other intellectual property rights on this website. The concept, structure, layout and design are the exclusive property of Global Sports Group B.V.
  3. The goods above mentioned may only be used by the customer himself/herself, without the explicit written consent by Global Sports Group B.V. they may not be reproduced, published or presented to third parties.

ARTICLE 15. FORCE MAJEURE

  1. Neither Global Sports Group B.V. nor the customer is obliged to comply with any of their obligations stated herein if they are prevented from doing so due to circumstances beyond their control, and if the obligations contravene the applicable legislation or a legal act in whole or in part.
  2. In addition to what is meant by Force Majeure in the law and jurisprudence, these terms and conditions shall understand Force Majeure as external circumstances, foreseen or unforeseen, beyond the control of Global Sports Group B.V., and as a result, prevent Global Sports Group B.V. to meet its obligations.
  3. Global Sports Group B.V. reserves the right to claim Force Majeure if the circumstances stated above apply after Global Sports Group B.V. is deemed to have fulfilled its obligations.

ARTICLE 16. APPLICABLE LAW AND PLACE OF JUSRISDICTION

  1. All legal relationships, which Global Sports Group B.V. is involved in, even if it concerns a legal relationship located in whole or in part abroad or if the party involved is a resident of a foreign nation, shall be judged under Dutch law. The UN Convention on Contracts for the International Sale of Goods shall apply in no event.
  2. Before the parties involved appeal to the court, they shall make every effort and do their utmost to resolve the dispute by mutual agreement.