General terms & conditions

This document is a translation of the original General Terms and Conditions in Dutch. In case of any discrepancies or inconsistencies, the Dutch version shall prevail.


Article 1 - Definitions

      In these terms and conditions, the following terms mean:
    1. Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur;
    2. Reflection period: the period within which the consumer can exercise the right of withdrawal;
    3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
    4. Day: calendar day;
    5. Digital content: data which is produced and supplied in digital form;
    6. Long-term contract: a contract that is intended for the regular supply of goods, services, and/or digital content over a period of time;
    7. Durable medium: any tool – including email – that allows the consumer or entrepreneur to store information addressed personally to him in a manner that allows future consultation or use for a period suited to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
    8. Right of withdrawal: the consumer's right to withdraw from the distance contract within the reflection period;
    9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers;
    10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, where communication is exclusively or partly made using one or more techniques for remote communication up to and including the conclusion of the contract;
    11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
    12. Remote communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur having to meet in the same space at the same time.


Article 2 - Identity of the entrepreneur

Kuipers Nautic B.V.

Business address & visiting address:
Havenstraat 83
1948NP Beverwijk
The Netherlands



Phone number: +31 (0)251769156
Email address: [email protected]

Chamber of Commerce number: 95777245
VAT identification number: NL867292751B01

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.

      If the entrepreneur practices a regulated profession:
      • the professional association or organization to which they are a member;
      • the professional title, the location in the EU or European Economic Area where it was granted;
      • a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.


Article 3 - Applicability

      1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
      2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur’s location and that they will be sent to the consumer free of charge as soon as possible upon request.
      3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided electronically to the consumer in such a way that it can easily be stored on a durable medium. If this is reasonably not possible, the entrepreneur will indicate before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
      4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.


Article 4 - The offer

      1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
      2. The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper evaluation of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
      3. Each offer includes such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.


Article 5 - The agreement

      1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set therein.
      2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer can cancel the agreement.
      3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
      4. The entrepreneur may, within legal limits, inform themselves about whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.
      5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information in writing or in a manner that allows the consumer to store it on a durable medium in an accessible way:
        • a. the business address of the entrepreneur where the consumer can go for complaints;
        • b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
        • c. information about guarantees and existing after-sales service;
        • d. the price including all taxes of the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
        • e. the requirements for terminating the agreement if the agreement lasts more than one year or is of indefinite duration;
        • f. if the consumer has a right of withdrawal, the model withdrawal form.
      6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.


Article 6 - Right of withdrawal

For products:

      1. The consumer may cancel an agreement related to the purchase of a product within a 14-day reflection period without providing any reason. The entrepreneur may ask the consumer for the reason for the cancellation but may not obligate the consumer to provide their reason(s).
      2. The reflection period referred to in paragraph 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
        • a. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
        • b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
        • c. for agreements for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:

        • The consumer may cancel an agreement for services and an agreement for the delivery of digital content not delivered on a tangible medium within 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the cancellation but may not obligate the consumer to provide their reason(s).
        • The reflection period referred to in paragraph 3 starts the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not delivered on a tangible medium if the information about the right of cancellation is not provided:

        • If the entrepreneur has not provided the consumer with the legally required information about the right of cancellation or the model form for cancellation, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
        • If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period ends 14 days after the day the consumer has received that information.


Article 7 - Consumer obligations during the reflection period

      1. During the reflection period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may handle and inspect the product as they would in a store.
      2. The consumer is only liable for any depreciation of the product resulting from handling the product in a way that goes beyond what is allowed in paragraph 1.
      3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all the legally required information about the right of cancellation before or at the time of concluding the agreement.


Article 8 - Exercise of the right of cancellation by the consumer and costs

      1. If the consumer exercises their right of cancellation, they must inform the entrepreneur within the reflection period using the model form for cancellation or in another unequivocal manner.
      2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has respected the return period if they send the product back before the reflection period has expired.
      3. The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
      4. The risk and the burden of proof for the correct and timely exercise of the right of cancellation lie with the consumer.
      5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur states that they will bear the costs, the consumer does not have to bear the return shipping costs.
      6. If the consumer cancels after having expressly requested the provision of the service or the delivery of gas, water, or electricity that is not pre-made for sale in a limited volume or specific quantity during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the commitment that the entrepreneur has fulfilled at the moment of cancellation, compared to the full performance of the commitment.
      7. The consumer does not bear costs for the provision of services or the delivery of water, gas, or electricity that is not pre-made for sale in a limited volume or quantity, or for the delivery of district heating, if:
        • a. the entrepreneur has not provided the consumer with the legally required information about the right of cancellation, the cost reimbursement for cancellation, or the model form for cancellation; or
        • b. the consumer has not expressly requested the commencement of the service or delivery of gas, water, electricity, or district heating during the reflection period.
      8. The consumer does not bear costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
        • a. they did not expressly agree to the commencement of performance of the agreement before the end of the reflection period;
        • b. they did not acknowledge that they lose their right of cancellation upon granting their consent; or
        • c. the entrepreneur has failed to confirm this statement from the consumer.
      9. If the consumer exercises their right of cancellation, all additional agreements are automatically canceled.


Article 9 - Entrepreneur's obligations in case of cancellation

      1. If the entrepreneur allows the consumer to cancel electronically, they must immediately acknowledge receipt of the cancellation notice after receiving it.
      2. The entrepreneur must reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day the consumer informs them of the cancellation. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer shows proof that the product has been returned, whichever is earlier.
      3. The entrepreneur will use the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
      4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.


Article 10 - Exclusion of the right of cancellation

      The entrepreneur may exclude the following products and services from the right of cancellation, but only if the entrepreneur clearly stated this in the offer, at least in time before the conclusion of the agreement:
      1. Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no control and which may occur during the cancellation period;
      2. Agreements concluded during a public auction. A public auction is a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
      3. Service agreements, after full execution of the service, but only if:
        • a. the execution began with the consumer’s express prior consent; and
        • b. the consumer has declared that they lose their right of cancellation once the entrepreneur has fully executed the agreement;
      4. Package holidays as referred to in Article 7:500 of the Civil Code and agreements for passenger transport;
      5. Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of execution and is not for residential purposes, goods transport, car rental services, and catering;
      6. Agreements related to leisure activities if the agreement specifies a particular date or period of execution;
      7. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly destined for a specific person;
      8. Products that spoil quickly or have a limited shelf life;
      9. Sealed products that cannot be returned for health protection or hygiene reasons and where the seal is broken after delivery;
      10. Products which by their nature are irrevocably mixed with other products after delivery;
      11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
      12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
      13. Newspapers, magazines, or periodicals, except for subscriptions to these;
      14. The delivery of digital content not on a tangible medium, but only if:
        • a. the execution started with the express prior consent of the consumer; and
        • b. the consumer has declared that they lose their right of cancellation.


Article 11 - The price

      1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
      2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependency on fluctuations and the fact that any prices listed are indicative prices will be stated in the offer.
      3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
      4. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
      5. a. they result from legal regulations or provisions; or
      6. b. the consumer has the right to cancel the agreement from the day the price increase takes effect.
      7. The prices listed in the offer for products or services include VAT.


Article 12 - Fulfillment of the agreement and additional warranty

      1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
      2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the consumer’s legal rights and claims that the consumer may invoke against the entrepreneur if the entrepreneur has failed to fulfill their part of the agreement.
      3. Additional warranty means any commitment by the entrepreneur, their supplier, importer, or manufacturer to grant the consumer specific rights or claims that go beyond what is legally required in case of non-fulfillment of the agreement.


Article 13 - Delivery and performance

      1. The entrepreneur will take the utmost care in receiving and executing orders for products and evaluating requests for service provision.
      2. The place of delivery is the address the consumer has communicated to the entrepreneur.
      3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.
      4. After cancellation according to the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
      5. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated and communicated representative, unless explicitly agreed otherwise.


Article 14 - Duration transactions: duration, cancellation, and extension

Cancellation:

      1. The consumer may cancel an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.
      2. The consumer may cancel an agreement concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time before the end of the definite period, observing the agreed cancellation rules and a notice period of no more than one month.
      3. The consumer may cancel the agreements mentioned in the previous paragraphs:
        • - at any time and is not limited to cancellation at a specific time or during a certain period;
        • - at least in the same manner as they were concluded;
        • - always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

      1. An agreement that is entered into for a fixed term and which involves the regular delivery of products (including electricity) or services may not be silently extended or renewed for a fixed term.
      2. Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a fixed term of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
      3. An agreement that is entered into for a fixed term and which involves the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is at most three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
      4. An agreement with a limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently continued and ends automatically after the trial or introductory period.

Duration:

      1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed term has ended.


Article 15 - Payment

      1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer receives confirmation of the agreement.
      2. In the sale of products to consumers, the consumer may never be required in the general terms and conditions to make an advance payment of more than 50%. When an advance payment has been agreed upon, the consumer may not assert any right regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
      3. The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
      4. If the consumer does not fulfill their payment obligations on time, they, after being reminded by the entrepreneur and given a period of 14 days to fulfill their payment obligations, will owe statutory interest on the outstanding amount after the expiry of this 14-day period. The entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs are a maximum of: 15% on amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.


Article 16 - Complaints Procedure

      1. The entrepreneur has a sufficiently well-known complaints procedure and handles complaints in accordance with this procedure.
      2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, and must be fully and clearly described.
      3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
      4. If the complaint cannot be resolved within a reasonable time or within three months of the complaint being submitted, a dispute arises that is subject to the dispute resolution procedure.


Article 17 - Disputes

      1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.


Article 18 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.









Appendix I: Model Withdrawal Form

Model Withdrawal Form

(only fill in and return this form if you wish to revoke the agreement)

To:
Kuipers Nautic
Havenstraat 83
1948NP Beverwijk
The Netherlands
[email protected]

I/We* hereby inform you that I/we* revoke our agreement regarding

the sale of the following products: [product description]*



the delivery of the following digital content: [digital content description]*



the provision of the following service: [service description]*,




revoked*

Ordered on*/received on* [order date for services or receipt date for products]

[Name(s) of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only when this form is submitted on paper)




* Cross out what does not apply or fill in what applies.