Terms and conditions

1.About Rustam Climbing

This website rustamclimbing.com (the “Site”) is operated by Rustam Climbing. Throughout the site, the terms “we”, “us” and “our” refer to Rustam Climbing. Rustam Climbing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We are registered with the Chamber of Commerce under number 698 56 192. Our VAT number is NL 4396 57507 B01. You can contact us by e-mail (info@rustamclimbing.com), by telephone on + 31 647 91 3055 or write to us at the following address: Rustam Climbing, Rijnstraat 35A, 5626AM, Eindhoven, Netherlands.

2.Personal data

Your submission of personal information through the website is governed by our Privacy Policy. Please review our Privacy Policy.

3.Order online

You can place an order on our website. You will have the opportunity to check your order and to change any input errors, until you make the order final by clicking on the ‘order checkout’ button.

We confirm receipt of your order by sending an automatically generated e-mail to the address you specified. We thereby accept your order and conclude a purchase agreement.

The contract only relates to those specific items that are mentioned in our confirmation email of our acceptance of your order. If the details in the confirmation e-mail are incorrect, or if you are not satisfied with the details in the e-mail, please contact us at info@rustamclimbing.com.

The contractual language is English.

When we accept your order, we have a legal obligation to deliver items that are in accordance with these terms.

4.Prices and shipping costs

Information on this website with regard to prices is subject to change by us without prior notice. The prices that are displayed at the time of the order are the prices that apply.

Occasionally an error may occur and items may be priced incorrectly. In that case we are not obliged to deliver the goods (based on this wrong price). We will either cancel your order and refund the price, or we will contact you asking if you want to proceed with the order (based on the correct price). If we are unable to contact you or if you do not want to proceed with the order (based on the correct price), we will cancel your order and refund the amount you have paid. When the correct price of the goods is lower than the price stated by us, we can (at our discretion) continue with your order and settle the lower amount.

Unless stated otherwise, all prices include VAT (if applicable), but excluding shipping costs. Shipping costs are reported to you separately before you place your order. When the order is placed, it will be confirmed to you by email with order details including shipping costs.

5.Availability and delivery

Information on this website regarding availability is subject to change without prior notice. We cannot guarantee the constant availability of the products on this site. All orders are subject to current availability at all times.

We will make reasonable efforts to deliver the goods on the agreed date. If no date is specified, we will deliver the goods within 30 days of the day on which your order is placed and accepted by us, unless the product is marked as “Presale”.

A presale is selling a product or service in advance of when it will be released. This means we are potentially selling products that have not even been made yet. We are collecting orders for an optimum production. Be aware, that products marked “Presale” may have long delivery time.

We deliver worldwide. We deliver the goods that you have ordered to the address that you provide us with when you place your order on this site.

In the event of unforeseen circumstances (for example, adverse weather conditions, unpredictable delays due to traffic jams, roadworks, diversions or mechanical malfunctions), we may not be able to deliver your order within these periods and we are not liable for any delay or lack of the articles if the delay is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree an alternative delivery date with you.

We are not responsible for any delay in delivery caused by not being at home when delivery. It is your own responsibility to contact delivery company regarding your order that could not be delivered because you were not at home.

6.Payment

With us you pay securely and reliably online. All payments are made through a secure connection and must be paid in advance, unless otherwise agreed.

Rustam Climbing accepts the following payment methods:

  • PayPal
  • CreditCard
  • American Express
  • ING Home’Pay

7.Right of withdrawal

You have the right to withdraw from the purchase made via website within 14 days after receipt without giving any reason. The withdrawal period expires 14 days after the day on which you – or a third party designated by you, who is not the carrier – physically receive your item(s).

To make use of the right of withdrawal, you must inform us of your decision to revoke the agreement via an unambiguous statement via info@rustamclimbing.com. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the cancellation

If you make use of your right of withdrawal, you will be credited with the full order amount, shipping costs will not be refunded. We will pay you back with the same payment method that you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged for such reimbursement.

If you make use of your right of withdrawal, the goods must be returned to Rustam Climbing with all accessories supplied and in its original condition and packaging, including the Return Form. You must return the goods to us no later than 14 days after the day on which you informed us. You are on time if you return the goods before the period of 14 days has expired. We will then refund the order amount due within 14 days of receiving your return, provided that the product has already been received in good order.

The shipping costs of returning the items are for your own account.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

Exclusion of the right of withdrawal is only possible for products:

  • products and / or accessories that have been put into use by the consumer
  • that have been established by Rustam Climbing in accordance with the consumer’s specifications
  • that are clearly personal in nature

Obligations of the consumer during cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in this paragraph.

Upon removal of the label (s) confirmed by Rustam Climbing, applying chalk to the product, etc. it is assumed that the product has been put into use and the rights as mentioned in Article 7 expire.

8.Warranty

You can return the product to us without limiting your right of withdrawal under Article 7, for example if the product is not the ordered product, it is damaged or defective or not the right quantity is delivered.

If goods are delivered with visible transport damage, you must – if possible – immediately report this damage to the delivery person and contact us as soon as possible. If you do not complain or do not contact us, this will not affect your legal rights and the enforcement of it, in particular with regard to your legal right to guarantee. But then you help us assert our own rights towards the freight forwarder or the transport insurance.

We would like to receive the following information:

  • a copy of your proof of purchase;
  • a description of the defect;
  • a clear photo of the defect;
  • return form.

Rustam Climbing will then assess the damage and offer you a suitable solution within 14 days (if possible).

Once we have confirmed the defect or other problem, we will:

  • Provide a full refund – Provide a full refund for damaged or defective items if this is within a reasonable time after the sale, or
  • At your option, repair or replace the items at our expense (including shipping costs) unless this is not possible or disproportionately expensive. In this case you will receive a refund of the amount already paid for these items.

We will keep you informed about the reimbursement within a reasonable time. We usually process the request for reimbursement as quickly as possible and in any case no later than 30 days after confirmation via e-mail about the reimbursement for damaged or defective items.

The warranty does not cover:

  • cosmetic defects which do not affect performance or structural integrity of a part or the entire product;
  • acts of nature including but not limited to wind, storms, hail, floods, excessive water exposure;
  • twisting, warping, checking, splitting, or any other natural occurring properties of wood that do not affect performance or structural integrity;
  • improper installation;
  • fall, impact and / or water damage;
  • ‘normal’ wear to the products, including discoloration of the leather due to skin contact and under the influence of sunlight;
  • damage caused by the consumer himself;
  • damage caused by incorrect use;
  • damage due to maintenance / repair not performed by Rustam Climbing.

9.Ownership

Purchased items remain our property until they are paid in full. As soon as the items have been delivered to you or to a third party designated by you, you bear the risk and you are accordingly liable.

10.Liability

Unless explicitly agreed otherwise in the following, the statutory regulations regarding liability for defects apply.

The above limitations and shortened periods do not apply to claims based on damage caused by ourselves, our legal representatives or agents:

  • in the event of damage to life, life or health;
  • in the case of intentional or grossly negligent breach of duty and in the event of bad faith ;
  • in the event of violation of essential obligations under the agreement, the fulfillment of which is indispensable for the proper performance of the agreement and the fulfillment of which the other party to the agreement can normally rely (cardinal obligations) ;
  • in the context of a given guarantee, insofar as agreed.

10.General safety warnings

Rustam Climbings’s products are for climbing training. Our products are continually under development and, to the full extent permitted by law, Rustam Climbing makes no warranty of any kind, implied or express, as to our products’ accuracy, safety, completeness or appropriateness for any purpose. You use Rustam Climbing’s products solely at your own risk.

11.General

If a provision of these terms and conditions is not valid or not permissible, this does not limit the effect of the other provisions.

We can change these terms and conditions over time or change them without prior notice. To do this, check our website regularly to see which general terms and conditions apply at this time.

12.Applicable law

Dutch law is applied to these Terms and conditions. Every agreement for the purchase of goods on this website and all disputes that arise in connection therewith are also governed by Dutch law.

13.Online dispute resolution

The European Commission provides an online dispute resolution platform, which you can find here. Consumers have the option of using this platform for the settlement of disputes.

Last updated on 15/11/2019