TERMS AND CONDITIONS
Article 1. Identity of parties
In these terms and conditions, here referred to as “General Terms and Conditions”, the following definitions apply:
Seller: Ocean Rodeo Europe / DutchMint, distributor of kitesurfing and sailing gear, dry suits and accessories, with its registered office in Warmond, the Netherlands, are the users of these General Terms and Conditions;
Address: Veerpolder 5-I, 2361 JA Warmond, the Netherlands
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 55667597
VAT number: NL851809984B01
Buyer: The other party of the Seller with an agreement as referred to in Article 3 of these Terms and Conditions;
Article 2. Applicability and validity of the General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer from the Seller, every order from the Buyer and to every agreement concluded between the Seller and the Buyer.
2.2 Before the distance contract is concluded, the text of these General Terms and Conditions is made available to the Buyer in such a way that it can be easily stored by the Buyer on a durable medium.
2.3 Buyer is obliged to accept the General Terms and Conditions for the conclusion of the agreement, failing which no agreement will be concluded.
Article 3. Offers, orders and agreements
3.1 All offers from the Seller are without obligation and can be revoked.
3.2 The duration of all offers applies: as long as the stock lasts or the term stated on the website. After exceeding the term of an offer, the offer expires by operation of law and the Buyer can no longer make use of the offer.
3.3 Buyer can order in the ways described on the service pages.
3.4 The Seller can – within the legal framework – inform the Purchaser of his / her payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the agreement.
3.5 If the Seller has grounds, the Seller is entitled to refuse an order or to attach special conditions to the agreement.
3.6 Seller reserves the right to refuse orders:- if the Seller cannot determine the home address of the Buyer;- if the order must be delivered outside the Netherlands;- if the order is placed by a person under 18 years of age;
3.7 If the Seller does not accept an order or if the Seller wishes to attach special conditions to the agreement, the Seller shall inform the Buyer of this at the latest within 7 working days after receipt of the order.
3.8 The agreement is concluded, subject to the provisions of article 3.5, at the time when the Buyer places an order with the Seller on the basis of the offer of the Seller and the Buyer meets the corresponding conditions.
3.9 Seller will confirm the receipt of the order electronically. As long as the receipt of the order is not confirmed, the Buyer can terminate the agreement.
Article 4. Prices, shipping costs and payment
4.1 The prices stated online in the web shop for the offered goods are in Euros, including VAT and excluding shipping costs unless otherwise stated or agreed in writing.
4.2 The Seller can charge an amount of shipping costs for every order, regardless of the number of ordered items.
4.3 Buyer can pay for the ordered products by means of different payment methods, including credit card and Ideal.
4.4 In the event of payment by credit card, the Seller reserves the right to check whether the credit card is valid, whether there is sufficient spending limit for debiting the purchase price and whether the address details of the Buyer are correct. The seller reserves the right to refuse the purchase by credit card.
4.5 If the Buyer is in default with the payment of one or more order (s) already delivered to the Buyer, the Seller has the right to refuse new orders or to attach conditions to the order.
Article 5. Delivery and risk
5.1 The Seller shall exercise the utmost care when receiving orders and sending the ordered items.
5.2 The Seller sends the accepted orders as quickly as possible in order of arrival.
5.3 Delivery generally takes place within 4 working days after the order has been received, but no later than 30 days after receipt of the order.
5.4 In the event that the delivery is delayed, or if an accepted order cannot or only partially be delivered, the Buyer will receive notice of this no later than 30 days after placing the order. In that case, the buyer has the right to terminate the contract without any costs. In the event of dissolution, the Seller shall refund the received amount as soon as possible, but no later than within 2 weeks after dissolution, if the Buyer has already paid for the ordered products.
5.5 The risk of damage and / or loss of products rests until the moment of delivery to the Buyer at the Seller, unless expressly agreed otherwise.
5.6 The delivery of the purchased products takes place at the address as specified by the Buyer in the order. If the Buyer is not at home at the time of delivery, the Seller is entitled to deliver the products to the neighbours.
5.7 The Buyer is obliged to take delivery of the goods at the agreed place / places at the moment that the Seller delivers them or has them delivered to him / her, or at the time when they are made available to him / her in accordance with the agreement. If Buyer remains in default in this respect, the resulting costs will be for his account, including the shipping costs stated in Article 4.2.
5.8 Items that are printed on Buyer’s request, with or without a team or company logo, can no longer be returned. Buyer is obliged to take these articles.
Article 6. Supremacy
6.1 Without prejudice to the other rights to which it is entitled, the Seller shall, in case of force majeure, have the right to suspend the execution of the order, or dissolve the agreement without judicial intervention in writing, without the Seller being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness. Among other things, there is force majeure in the event of strikes, illness among personnel, disruptions in transport and import / export bans, regardless of whether this occurs at the Seller or at the suppliers of the Seller.
Article 7. Right of withdrawal upon delivery of products
7.1 Buyer has the right to dissolve the agreement without giving any reason for 14 days from the day of receipt of the product / products.
7.2 During this period, the Buyer will handle the products / products and the packaging carefully and only unpack or use them to the extent that is necessary to judge whether he / she wishes to keep the product (s).
7.3 If the Buyer wishes to make use of his / her right of withdrawal, the Buyer must return the product (s) within the term specified in Article 7.1 by using the return form supplied to it at the following address Ocean Rodeo Europe, 2361 JA Warmond, The Netherlands, Attn. return department.
7.4 The returned products must be in a state that corresponds to normal use for the purpose of fitting as is customary in the shop with fitting and must bear the original labels and / or labels. When a product has deteriorated in quality and / or the original labels and / or labels have been removed, the Seller retains the right to charge the purchase price of the product.
7.5 If the Buyer makes use of his right of withdrawal, the costs of return shipment will be for his / her account. In the event that the Buyer returns all items, the already charged shipping costs are not due. In case of partial return, the shipping costs are due in full.
7.6 If the Buyer has already paid for the returned products, the Seller will refund this amount to the Buyer within 30 days after return shipment.
Article 8 Complaints
8.1 All shipments are insured by the Seller. If the Buyer establishes damage to the packaging prior to opening the package with ordered products, the Buyer must immediately contact the Seller. If the Buyer has already opened the package at the moment that the Buyer identifies the damage, the Buyer must indicate this on the added return form.
8.2 The buyer has the obligation to examine at delivery whether the products meet the agreement. If this is not the case, the Buyer must notify the Seller as soon as possible and in any case within 7 (seven) working days after delivery of the product to the buyer, at least after observation was reasonably possible, in writing and with motivation.
8.3 Minor deviations in quality, color, size, weight, finish, design, etc. that are deemed acceptable or technically unavoidable in the trade are not a basis for complaints.
8.4 If it is demonstrated that the products do not comply with the agreement, the Seller has the choice to replace the products concerned with new products or to refund the invoice value thereof.
Article 9. Warranty and Liability
9.1 Notifications concerning the quality, composition, application possibilities, properties and handling of goods delivered by or on behalf of the Seller shall only serve as a guarantee if they have been expressly confirmed in writing by the Seller in the form of a guarantee.
9.2 If the Purchaser carries out repairs or changes to the product during the warranty period without prior permission from the Seller, then the warranty obligation shall expire immediately.
9.3 The Seller’s liability to the Buyer in respect of non-timely and / or unsatisfactory performance is limited to the invoice value of the relevant delivery.
Article 10 Adjustment agreements
10.1 Changes and additions to concluded agreements are only valid if they have been expressly agreed in writing between the Seller and the Buyer.
Article 11. Disputes and applicable law
11.1 All disputes relate to an agreement or the execution of an agreement between the Buyer and the Seller, which cannot be resolved by mutual agreement between the parties, can be submitted to the competent court in the jurisdiction in which the Buyer resides or to the competent court. in the jurisdiction in which the Seller is established.
11.2 The agreements and disputes arising therefrom between Buyer and Seller are governed by Dutch law.