General conditions

Terms and conditions of Watersporters.com

 

Article 1. General

  • 1. These General Terms and Conditions apply to all quotations and agreements, as well as all products and services, provided by Watersporters.com, unless expressly agreed otherwise in writing.
  • 2. The applicability of any general specific terms and conditions or stipulations of the buyer is expressly rejected by Watersporters.com.
  • 3. All prices are indicated in Euros (€), including sales tax (VAT) and other government levies.
  • 4. Watersporters.com is not liable, neither under the law nor under the agreement, for so-called consequential damages suffered by the customer or a third party in connection with (the use of) the products. This includes loss of profit, trading loss, loss of data and immaterial damage.
  • 5. Deviations from and additions to any provision in a contract and/or the General Terms and Conditions are only valid if recorded in writing by Watersporters.com and only apply to the contract in question.

 

Article 2. Quotations

  • 1. Watersporters.com is only bound by an offer if the unchanged acceptance is confirmed by the buyer in writing within 8 days, unless otherwise stated on the offer/agreement.
  • Offers and special prices apply from the time they are active on the website and remain valid while supplies last.

 

Article 3. Agreement

  • 1. The buyer is bound by the agreement in all cases. Even if agreed verbally or by e-mail.
  • 2. Watersporters.com reserves the right not to accept orders or assignments without giving reasons, or only under deviating conditions. If the order can only be executed under different conditions, the customer has the right to cancel the order free of charge.
  • 3. If and insofar as the proper execution of the agreement requires or permits, Watersporters.com has the right to have certain work performed by third parties.
  • 4. Watersporters.com can keep the agreed price low by making your data available to third parties. By entering into this agreement (by purchasing goods or signing up for the newsletter), you explicitly give Watersporters.com the right to share your data with other webshops and online sales concepts.

 

Article 4. Delivery time

  • 1. All (delivery) terms stated by Watersporters.com are approximate and are determined on the basis of the information and circumstances known to Watersporters.com at the time the agreement was entered into. Stated delivery dates can never be regarded as deadlines. If a change in the data and/or circumstances, regardless of its foreseeability, results in delay, the delivery date will be delayed accordingly. In the event of late delivery Watersporters.com must be given written notice of default, whereby it must still be offered a reasonable period for delivery.
  • 2. Exceeding the delivery terms specified by Watersporters.com, for whatever reason, never entitles the Customer to compensation or non-performance of any obligation incumbent upon him under the agreement in question or any related agreement.
  • 3. If Watersporters.com dissolves the order in whole or in part, it is entitled to take back the unpaid portion of the delivered goods. Dissolution and/or repossession will not prejudice Watersporters.com's right to claim compensation, in which case the goods will be stored at the buyer's expense and risk.
  • 4. If the maximum delivery time of 30 working days is exceeded, you have the right to dissolve the agreement free of charge. For this you must send an e-mail, fax or letter to Watersporters.com. Any payments will in that case be returned to you within 30 working days of notification.

 

Article 5. Modification of the Agreement.

  • 1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will timely and by mutual agreement adjust the agreement accordingly. Due to the rapidly changing collections and batch offers, the color or motif on shown photo may differ slightly from the product to be delivered.
  • 2. If the parties agree that the agreement will be amended or supplemented, the time of completion of execution may be affected as a result. Watersporters.com will notify the buyer as soon as possible.
  • 3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, Watersporters.com will inform the customer in advance. If a fixed fee was agreed upon Watersporters.com will indicate the extent to which the amendment or supplement to the agreement will result in an overrun of this fee.
  • 4. Notwithstanding paragraph 3, Watersporters.com will not be able to charge additional costs if the amendment or supplement is the result of circumstances attributable to Watersporters.com.

 

Article 6. Termination/Dissolution.

  • 1. In the event of premature termination, Watersporters.com is entitled, in addition to compensation for the costs incurred, to a portion of the total compensation to be reasonably determined, taking into account the work already carried out and the benefit to the customer thereof.
  • 2. The claims of Watersporters.com against the Customer are immediately due and payable in the following cases: - if after the conclusion of the agreement circumstances come to the attention of Watersporters.com which give Watersporters.com good reason to fear that the Customer will not comply with its obligations; - if upon conclusion of the agreement Watersporters.com asked the Customer to provide security for performance and this security has not been provided or is insufficient.
  • 3. In the cases mentioned above Watersporters.com is authorized to terminate further performance of the agreement, all without prejudice to Watersporters.com's right to claim damages.

 

Article 7. Cooling off period

  • 1. After the customer has received the product (day offer) ordered by him/her, the customer has the authority to rescind the underlying agreement with Watersporters.com within two (2) working days of receiving this product. The customer must provide a good reason for this, at Watersporters.com's discretion.
  • 2. If the customer wishes to dissolve the agreement pursuant to Article 7.1 of these Terms and Conditions, the customer must notify Watersporters.com in writing (via e-mail, or letter). The customer must send the product - after consultation with Watersporters.com - to a return address determined by Watersporters.com. This must be done in the original, undamaged packaging. Opened packages will not be taken back; opening the package means that you wish to keep the product(s). The customer must bear the cost and risk of shipping.
  • 3. If the customer has already made any payments at the time the customer revokes the agreement with Watersporters.com pursuant to Article 7.1. and 7.2 of these Terms and Conditions of Sale, Watersporters.com will refund these payments to the customer within fourteen (14) working days after Watersporters.com has received the product returned by the customer.Watersporters.com reserves the right to refuse returned products or to credit only a portion of the amount already paid, if it is suspected that the product has already been opened, used or damaged through the customer's fault (other than that of Watersporters.com or the supplier of the product).
  • 4. If a product is returned which in the opinion of Watersporters.com has sustained damage attributable to an act or omission on the part of the customer or is otherwise at the customer's risk, Watersporters.com will notify the customer in writing (by letter or e-mail). Watersporters.com is entitled to deduct the decrease in value of the product as a result of this damage from the amount to be refunded to the customer.

 

Article 8 Implementation

  • 1. Watersporters.com will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  • 2. If no fixed price is agreed upon, compensation will be determined on the basis of hours actually spent. The compensation will be calculated according to Watersporters.com's usual hourly rates, valid for the period in which the work is performed, unless a different hourly rate has been agreed upon.

 

Article 9. Reimbursement

  • 1. For offers and agreements in which a fixed fee is offered or agreed upon, paragraph 2 of this article applies. If no fixed fee is agreed upon, paragraphs 3, 4 and 5 of this article shall apply.
  • 2. The parties may agree on a fixed price when the agreement is concluded. The fixed price includes VAT, travel hours, travel and accommodation expenses.
  • 3. Any cost estimates include VAT, travel hours, travel and accommodation expenses. For assignments with a duration of more than 1 month, the costs due will be charged on a monthly basis.

 

Article 10. Payment

  • 1. If not expressly agreed otherwise, the delivery of the product(action of the day) ordered shall be made only upon prepayment.
  • 2. If the buyer has not paid an invoice from Watersporters.com within 14 days of the payment deadline, the buyer is in default. In that case all claims, for whatever reason, of Watersporters.com against the buyer are immediately due and payable.

 

Article 11. Warranty

  • 1. The warranty is established in accordance with applicable law, whereby in case of defects, we will first exchange the products if desired. If the exchanged product is also defective, you may return the products for a full refund (excluding shipping costs). See also Article. 7
  • 2. In case Watersporters.com has made it plausible that products have been used for resale, no warranty will be granted on the delivered product and any right of return lapses.

 

Article 12. Retention of title

  • 1. All goods delivered to the Customer remain the property of Watersporters.com until the moment of full payment of all amounts, including costs, owed by the Customer for the goods delivered or to be delivered or services rendered or to be rendered under the agreement, as well as in respect of claims for failure to comply with the said agreement.
  • 2. The Customer is obliged to ensure careful handling of the goods and lacks the right to encumber and/or pawn the delivered goods and/or establish (undisclosed) liens on them, other than with the written consent of Watersporters.com, as long as the Customer has not fully complied with its obligations to Watersporters.com.
  • 3. If Watersporters.com dissolves the order in whole or in part, it is entitled to take back the unpaid part of the delivered goods. Dissolution and/or repossession will not affect Watersporters.com's right to compensation. If the goods are taken by him, they will be stored at his disposal at his expense and risk.

 

Article 13. Force Majeure

  • 1. If Watersporters.com cannot fulfill its obligations to the customer due to force majeure, fulfillment of those obligations will be suspended for the duration of the force majeure condition.
  • 2. In the event of Force Majeure the customer is not entitled to any compensation or damages, not even if Watersporters.com has gained any advantage as a result of the Force Majeure.
  • 3. Watersporters.com will notify the buyer as soon as possible of an (impending) force majeure.

 

Article 14. Defects; complaint period

  • 1. Complaints about the work performed must be reported in writing to Watersporters.com by the customer within eight days of discovery, but no later than thirty days after completion of the work in question.
  • 2. If a complaint is justified Watersporters.com will still perform the work as agreed upon, unless otherwise agreed upon.
  • 3. Although we take the utmost care with the illustrations and product data shown, no rights can be derived from them.
  • 4. Complaints which are brought into the public domain in any way whatsoever will not be declared admissible by the management of Watersporters.com. Damage for Watersporters.com resulting from public communication can be recovered from the perpetrator.

 

Article 15. Applicable law

  • 1. Dutch law applies to every agreement between Watersporters.com and the buyer.

Article 16 - Identity of the entrepreneur

Name of entrepreneur: Watersporters.com, part of Upmerce BV
Branch address: Meerheide 27, 5521 DZ, Eersel
Phone number: 085 049 3370
We can be reached by phone on: Monday to Friday between 9.00 and 17.00
E-mail address: info@kitestuff.nl
Chamber of Commerce number: 83225137
VAT number: 862778785B01