Terms & Conditions

Definitions and Applicability

1. “Client” means any natural or legal person who is or will be in a contractual relationship of any kind with Gofox.
2. “Goods” means any item supplied by Gofox pursuant to these Terms and Conditions.
3. “Gofox” means GR Services trading as www.shop.gofox.com Rue du Petit Ry 82 1340 Ottignies Belgium.
4. “Order” means an order for Goods placed by Client via the Website www.shop.gofox.com.
5. “Price” means the price shown on the Website for the provision of the Goods including any sum paid by Client for shipping of the Goods to Client.
6. “Sale” a sale effected via the Website www.shop.gofox.com.
7. “Terms” means these Terms and Conditions which form the exclusive legal basis of the relationship between Gofox and Client.
8. “Website” means Gofox’s website located at www.shop.gofox.com.
9. The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
10. These General Terms and Conditions apply to all offers from Gofox as well as to all purchase agreements entered into with Gofox.
11. One or more provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force and effect.
12. General Terms and Conditions used by the Client do not apply, unless expressly agreed to in writing by Gofox.
13. Gofox’s internet site focus on the European market only.
14. Gofox reserves the right to change and/or supplement the General Terms and Conditions.
15. By using the internet site of Gofox and/or placing an order, the Client accepts these General Terms and Conditions.
16. Gofox is authorized to use third parties in the execution of a purchase agreement with the Client.

General Use of The Website

1. Scope of application

   1. Each visit and use of the Website is subject to these Terms and implies the unconditional acceptance of the Terms by the Internet user and the User.
   2. Gofox reserves the right to modify the Terms indicated on the Website. The Terms applicable are those in force on the Website at the moment it is used. It is therefore recommended to consult the Terms on a regular basis.
   3. The term “Use” includes all actions carried out by the Internet user and the User from once he accesses the Website, including the mere consultation, regardless of the type of means of connection (computer, tablet or smartphone), the type of connection (private connection, connection of a third party or public wifi) and the place of connection (Belgium or abroad).

2. Access conditions to the Website and Services

   1. The Website is reserved exclusively for Internet users and Users who have the capacity of a consumer and use it with normal frequency. The Website is reserved for adult consumers and for minors with parental consent. In any case, the Website advises any person responsible for a minor to monitor that minor’s use of the Website.
   2. Use of or redirected access to the Website is strictly prohibited to natural or legal persons using the Website for professional purposes or in the context of an ancillary professional activity.

Offers and Purchase Agreements

1. These Terms apply exclusively to individuals who are consumers (any natural person carrying out commercial practices outside their commercial, industrial, artisanal or liberal professional activity).
2. The Client who purchases products or services for professional purposes expressly declares that he is not bound by the provisions of the Terms applicable to consumers in the legal sense of the term and that he cannot benefit from the commercial guarantees offered by Gofox in these Terms.
3. Offers or quotations should be regarded as an invitation to the potential Client to place an order. Gofox is in no way bound by this, unless this is recorded in writing and unambiguously. The acceptance of the invitation to place an order by the potential Client counts as an offer and only leads to the conclusion of a purchase agreement if the other provisions of this article are met.
4. Offers are valid while stocks last.
5. Purchase agreements are concluded on the Website exclusively in Dutch, French and English.
6. A personalised offer has a validity of two (2) weeks, unless another period is stated in the offer.
7. An order from the potential Client as mentioned in article 2.1 is deemed to have been made in one of the following circumstances:
   1. The potential Client has entered the accurate and complete data on the appropriate input screen of the Website and sent the relevant data (“order form”) to Gofox electronically. These have been received by Gofox.
   2. an offer has been signed by the Client, including the accurate and complete data, and received by Gofox in case a personal offer has been made by Gofox.
8. A purchase agreement is concluded when an order confirmation has been handed over to the Client. This purchase agreement can be revoked by Gofox in case the Client does not meet the conditions or has complied in the past. In that case, Gofox will inform the Client within ten (10) days after receiving the order.
   1. The Client and Gofox expressly agree that by using electronic forms of communication, a valid purchase agreement is concluded as soon as the conditions in Articles 2.4 and 2.5 are met. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Gofox are, insofar as the law allows, a presumption of proof.
   2. Information, images, oral communications, statements, etc. with regard to all offers and the main characteristics of the products provided by telephone or e-mail are (displayed) or made as accurately as possible. However, Gofox does not guarantee that all offers and products are fully in accordance with the information provided. In principle, deviations cannot give rise to compensation and/or dissolution.
9. If Gofox cannot meet the delivery period of 30 days, the Client has the right to withdrawal the purchase agreement. In this case, the Client will have to contact Gofox.

Prices

1. The prices (excluding shipping costs) of the products offered for sale on the Website are indicated in euros and all costs applicable in Belgium are included.
2. VAT is calculated according to the rate in force at the time the order is placed. The article prices listed on the Website do not include shipping costs, the price of certain packaging or of other optional services purchased by the Client, which are therefore subject to additional charges. These additional costs are clearly communicated to the Client on the overview screen before he definitively confirms his order.
3. The prices listed on the Website apply to orders placed by the Client, subject to errors due to a technical problem, material errors or clearly erroneous indications. Under no circumstances can Gofox be held liable be held liable for any technical or material error concerning the price of any of their articles. In these cases, Gofox shall inform the Client of the correct price and the Client has the right to cancel his/her order within 8 (eight) days without any cost or compensation.
4. Delivery costs are not included in the price, these are stated at the checkout screen, before payment is made. Special rates apply for delivery outside Belgium. With regard to certain payment methods, further conditions apply with regard to the delivery method and the associated costs. This is clearly communicated to the Client.
5. If the prices for the products and services offered increase in the period between the order and its execution, the Client may cancel the order or dissolve the purchase agreement within ten (10) days after notification of the price increase by Gofox.
6. Special offers are only valid while stocks last.

Payment

1. When ordering via the internet site, payment can be made in the following ways: VISA, Mastercard, Maestro, Paypal, Bancontact, KBC/CBC Payment Button, Belfius Direct Net, SEPA Bank Transfer, SEPA Direct Debit and iDEAL.
2. Gofox can expand the payment options in the future. Other payment options will be made known via the internet site.
3. The available payment methods can only be used if the conditions of such methods – including a check on the creditworthiness and authentication and authorization of the potential Client are met.
4. In the event that a payment term has been agreed by Gofox, the Client is in default due to the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed upon.

Delivery and Devlivery Time

1. Orders will be delivered as soon as possible. In principle, Gofox will give an indicative delivery time without having any impact on the transport company.
2. If a product, which is temporarily out of stock, is ordered by the Client, it will be indicated when the product is available again. Gofox strives to report delays to the Client by telephone or e-mail within one working day.
3. Deliveries take place at the address specified by the Client during the conclusion of the purchase agreement. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, with regard to these products, passes to the Client.
4. Different conditions may apply to deliveries abroad.
5. If the delivery would take place in parts, Gofox has the right to consider each delivery as a separate transaction.

Defects and Complaint Period

1. The Client is obliged to inspect the products accurately immediately after receipt. Complaints from the Client, which relate to defects in the product or delivery, which are externally perceptible, must be notified by the Client to Gofox within 7 days of delivery (or within 7 days of the invoice date if the products could not or could not be delivered to the Client).
2. The Client is not entitled to return the products for which there is no reasoned complaint. If this is done without valid reasons, all costs associated with return will be borne by the Client. In that case, Gofox is free to store the products under third parties at the expense and risk of the Client.

Right of Withdrawal and Exchange

1. In accordance with the applicable legal provisions, you, as a consumer, have the right to revoke the executed purchase with every purchase on the Website, without having to pay any penalty or give a reason, within a revocation period of 14 days. Only when the product and packaging are in original, complete, undamaged and unused condition. All documentation, warranty certificates and packaging materials must be enclosed with the return shipment.
2. From the day of notification of its wish to revoke its order, Client shall, without delay and in any event no later than fourteen days, return the Good(s) to Gofox with the address Rue du Petit Ry 82 1340 Ottignies Belgium.
3. Gofox is never liable for any damage – including theft or loss – that occurs to the packaging or the product upon return.
4. It is not possible to exchange products that are ordered or deigned or created by Gofox for the Client exclusively at the request of the Client in accordance with the specifications of the customer.
5. If the returned product is not received in accordance with the conditions, the purchase amount will not be refunded. The product remains the property of the Client, who is obliged to collect his property within two weeks. The product can also be delivered on request and in this case shipping cost will have to be paid by Client.

Retention of Title

1. Ownership of products, notwithstanding the actual delivery, only passes to the Client after the Client has paid in full all that he owes under any purchase agreement with Gofox, including reimbursement of interest and costs, including earlier or later deliveries and any work performed or to be performed with regard to the products.
2. The Client may not tax, sell, resell, dispose of or otherwise encumber the products before ownership has passed thereof.

Legal and Commercial Guarantees

1. Legal warranty

   1. Notwithstanding any commercial guarantee that may be granted to the Client, Gofox shall remain liable for defects in the conformity of the product it has sold.

   2. Gofox also remains bound by the warranty on hidden defects in accordance with the provisions set out in articles 1641 et seq. of the Civil Code:

      Under the conformity guarantee, the Client benefits from:

      – For products sold in new or reconditioned condition: a statutory warranty of two (2) years for any lack of conformity at the time of delivery, which becomes visible within two years from that time.

   3. The guarantee is limited to the Belgian territory for the Goods provided by Gofox.
   4. However, the guarantee is not applicable if the defect originates from incorrect handling, damage or non-compliant use of the item by the Client.
   5. If your product develops a defect during the two (2) year warranty period (for new or refurbished products), you must notify Gofox by telephone or e-mail within 365 days of the defect being detected. At that time, you will be informed of the procedure to be followed to have the item examined, repaired or replaced.

2. Commercial warranty

   1. Return and exchange policy: Products sold by Gofox on the Website and in the shop benefit from a 365-day commercial guarantee from the date of their receipt by the Client.
   2. Without prejudice to the provisions of this article, there can be no warranty in the following cases:
      
      • If wear and tear can be considered normal;
      
      • If changes have been made to or on the product, including repairs not carried out with the consent of Gofox;
      
      • If the original invoice cannot be submitted, has been altered or made illegible;
      
      • If defects are the result of improper or injudicious use;
      
      • If damage is caused by intent, gross negligence or negligent maintenance;
      
      • Dirty products or products that have been personalised in such a way that they cannot be resold or given away second‑hand as such.
   3. A reduced warranty may apply to demonstration models.
   4. If for tracing a defect in the product or part of the product, which is excluded from the warranty, investigation costs are incurred, these costs shall always be for the account of the Client. Gofox shall endeavour to give advance notice thereof. Failure to make such notification shall not release the Client from the obligation to pay these costs.
   5. If the repair of a defect involves costs, the Client will be notified thereof. If the Client does not expressly agree to the cost notification in writing, it may return its property against payment of the examination costs. If the Client has not paid these investigation costs six (6) months after the offer of the cost estimate, the ownership of the product shall lapse to Gofox.

Intellectual Property

1. The Client expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or the internet site are vested in Gofox, its suppliers or other entitled parties.
2. Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
3. No photo on this website may be reproduced or made public, in any form or by any means, whether electronic, mechanical, or otherwise, without the prior written permission of Gofox.
4. The Client is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of Gofox, its suppliers or other entitled parties, unless it concerns purely private use of the product itself.

Privacy Protection

1. By accepting these conditions, you agree that Gofox, as data controller, stores and processes your data within the framework of the execution of the service contract.
2. These data are intended exclusively for our internal services and our service providers (deliveries and/or assembly) for the purpose described above. They are kept for the duration necessary for the proper execution of your order, any related services and in the context of any after-sales service, unless otherwise required by law.
3. For more information on our personal data policy and the conditions under which Gofox collects and uses your personal data, Gofox refers you to their Webpage “Protection of personal data”.

Applicable Law and Competent Court

1. Belgium law applies to the contractual relationship between Gofox and Client.
2. The applicability of the Vienna Sales Convention is expressly excluded.
3. Any dispute arising out of the contractual relationship between Gofox and the Client or any other visitor to the Website falls within the exclusive jurisdiction of the Belgian courts and tribunals.
4. Unless a mandatory law to the contrary must be applied, Gofox also has the right to choose the courts of the jurisdiction in which the registered office or residence of the Client or visitor to the Website in question is located.
5. Belgian law shall apply to the contractual relationship between Gofox and the Client or the visitor to the Website, without prejudice to the latter’s right to invoke mandatory provisions of their national law if they do not reside on Belgian territory.

Dispute Resolution and Settlement

1. If the Client wishes to submit a dispute, Gofox is bound by this choice. If Gofox wishes, the Client will have to decide in writing within five (5) weeks after a written request made by Gofox whether he or she also wishes to do so, or whether he or she wishes to have the dispute handled by the competent court. If Gofox does not hear the Client’s choice within the period of five (5) weeks, it is entitled to submit the dispute to the competent court.

Miscellaneous Provisions

1. Gofox is a trade name of GR Services and has its registered office at Rue du Petit Ry 82 1340 Ottignies and registered at the Belgium Crossroads Bank of Companies under the business number 0733.911.995. The VAT identification number is BE07 339.119.95. Please send all correspondence regarding a purchase agreement or these terms and conditions to Gofox at the above address or to the e-mail address as indicated on the internet site.
2. The Gofox customer service can be reached for information by email only.
3. Gofox strives to answer the emails it receives within two days.
4. Gofox takes the utmost care with this website and the reliability and topicality of the data contained therein. However, despite all due care, inaccuracies and incompleteness cannot always be prevented. Passa sports is not liable for errors or inaccuracies. Of course, as soon as we notice an error or inaccuracy, we will correct it.

Photos and descriptions of products on this site are as accurate as possible and are intended to give you a good idea of the products. Unfortunately, we cannot guarantee that all described products will be available or in stock at all times, unless Passa sports expressly guarantees this to you. This also applies to the accuracy of the prices and offers of these products.

Passa sports therefore always reserves the possibility to cancel an order and refund the amount due if products and descriptions are incorrectly stated.

General Terms and Conditions Gofox, 1 July 2023.