Article 1 – Definitions
The following definitions are used in these terms and conditions:
1. Business: the individual or legal entity offering that/who offers products and/or long-distance services to consumers.
2. Consumer: the individual who does not act in performance of a profession or a company and enters in a long-distance agreement with the business.
3. Long-distance agreement: an agreement whereby use can be made of one or multiple means of long-distance communications within the framework of the system organised by the business for the long-distance sale of products and/or services through to the conclusion of the agreement.
4. Means of long-distance communication: means that can be used for concluding an agreement within the consumer and the business meeting each other simultaneously in the same space.
5. Reflection period: the period in which a consumer can exercise his/her right of withdrawal.
6. Right of withdrawal: the possibility for the consumer to cancel the long-distance agreement within the reflection period.
7. Day: calendar day.
8. Continuing transaction: a long-distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation is spread in time.
9. Sustainable data carrier: each means that enables the consumer or business to store information sent personally in a manner that enables future reference and unaltered reproduction of the stored information.
Article 2 – Identity of the business
1633 DW Avenhorn
P.O. Box 4058
1620 HB HOORN
Telephone number: +31(0)229-563177 (Monday-Friday between 8.30 a.m. and 5.30 p.m. - GMT+1)
Chamber of Commerce: 37161456 Alkmaar
Rabobank bank account: 154985910
SWIFT/BIC code: RABONL2U
Article 3 – Applicability
1. These general terms and conditions apply to every offer of the business and each concluded long-distance agreement between the business and consumer.
2. Before the long-distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions are available at the business and that they will be sent to the consumer upon request and for free as soon as possible.
3. If the long-distance agreement is concluded electronically, then, in deviation of that stated in the previous sentence, the text of these terms and conditions can be made available electronically in such a way that it can be easily saved by the consumer on a sustainable data carrier. If this is not reasonably possible, it will be indicated before concluding the long-distance agreement that the general terms and conditions can be made available electronically and that they will be sent electronically or otherwise upon the consumer's request at no cost.
4. In the event that specific product and service terms apply in addition to these general terms and conditions, then that stated in the second and third subsection applies in full and the customer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms.
Article 4 – The offer
1. If an offer has a limited validity period or is made subject to conditions, this is specifically stated in the offer.
2. The offer contains a complete and detailed description of the products and/or services offered. The description is sufficiently detailed in order to enable the consumer to make a good assessment of that offered. When the business uses images, these provide a truthful reflection of the products and/or services offered. Apparent errors or mistakes in the offer are not binding for the business.
3. Each offer contains information to such an extent that it is clear to the consumer what the rights and obligations involved with the acceptance of the offer are.
This specifically includes:
- the price including taxes;
- any delivery costs;
- the method by which the agreement will be concluded and which activities are required;
- the applicability of the right of withdrawal or not;
- the payment method, delivery and performance of the agreement;
- the period for the acceptance of the offer, or the time limit for the price;
- the height of the fee for long-distance communication if the costs for using the means of long-distance communications are calculated on a different basis than the basic fee;
- whether the agreement is filed after having been concluded and how it can be viewed by the consumer;
- the manner in which the consumer become aware of the activities he does not wish before concluding the agreement, and how he can restore them before the agreement is concluded;
- any language, other than Dutch, the agreement can be concluded in;
- the codes of conduct to which the business is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the long-distance agreement for an agreement for the continuous or periodical delivery of products or provision of services.
Article 5 – The agreement
1. The agreement will be concluded, subject to that stated in subsection 4, the moment the consumer accepts the offer and complies with the terms and conditions stated therein.
2. If the customer has accepted the offer electronically, the business immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed then the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the business will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange a safe web environment. If the consumer can pay electronically, the business will take suitable safety measures in this respect.
4. The business can legally obtain information to determine whether the customer can meet his payment obligations, as well as all the facts and factors that are important in order to enter into the long-distance agreement responsibly. If the business has good grounds on the basis of this investigation not to enter into the agreement, it is justified to substantively refuse the order or request or to attach special conditions to the performance, such as payment in advance.
5. The business will save the following information with the product or service provided to the consumer in writing or in such a manner that the consumer can save it accessibly on a sustainable data carrier:
a. the visiting address of the branch of the business which the consumer can contact in the event of complaints;
b. the terms and conditions subject to which and the manner in which the consumer can utilize the right of withdrawal or a clear notification stating the exclusion of the right of withdrawal;
c. the information on the service available after purchase and guarantees;
d. the information contained in article 4 subsection 3 of these terms and conditions, unless the business has already provided this information to the consumer before performing the agreement;
e. the conditions for termination of the agreement if the agreement has a duration of more than one year or has applied for an indefinite period.
6. If the business has agreed to deliver a series of products or provide a series of services, then that stated in the preceding provision only applies to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
1. Upon purchasing products the consumer has the option to dissolve the agreement within 14 days without stating the reason thereof. This period commences the date the product is received by or on behalf of the consumer.
2. During this period the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to such an extent as is required in order to assess whether he wishes to keep the product. If he utilises his right of withdrawal, he will return the product with all the supplied accessories and - if reasonably possible - in the original condition and packaging, pursuant to the reasonable and clear instruction provided by the business.
Article 6b – Right of withdrawal upon provision of services
1. Upon the providing of services, the consumer has the option to dissolve the agreement without stating the reason thereto during fourteen (14) days, commencing the date the agreement is entered into.
2. In order to exercise his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions provided by the business upon making the offer and/or no later than upon delivery.
Article 7 – Costs right of withdrawal
1. If the consumer exercises his right of withdrawal, then no more than the costs for the returning of the products are payable by the consumer.
2. If the consumer has paid an amount, the business will repay this amount as soon as possible, but no later than within 30 days after the returning of the products or the withdrawal.
Article 8 – Exclusion right of withdrawal
1. If the consumer does not have the right of withdrawal, this can only be excluded by the business if the consumer this has clearly stated this in the offer, or at least in time before concluding the agreement.
2. The exclusion of the right of withdrawal is only possible in respect of products for:
a. products that have been brought about by the business in accordance with the specifications of the consumer;
b. products that are clearly personal in nature;
c. products that cannot be returned due to their nature;
d. products that can perish or age quickly;
e. products of which the price is linked to the fluctuations on the financial market over which the business has no control;
f. single newspapers and magazines;
g. audio and video recordings and computer software of which the consumer has broken the seal.
3. The exclusion of the right of withdrawal is only possible in respect of services:
a. with regard to accommodation, transport, restaurant or leisure activities which need to take place on a certain date or during a certain period;
b. which have commenced with the explicit permission of the consumer before the reflection period has ended;
c. concerning bets and lotteries.
Article 9 – The price
1. During the validity duration stated in the offer, the prices of the offered products and/or services are not raised, notwithstanding price changes as a result of a change in the VAT-rates.
2. In deviation of the preceding subsection the companies can offer products and services of which the prices are subject to financial market price fluctuations and over which the business has no control at variable prices. This link to the fluctuations and the fact that any prices mentioned are indicative prices are stated in the offer.
3. Price increases within three months after the concluding of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases after three months after the concluding of the agreement are only permitted if the business has agreed this and:
a. these result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement the moment the price increase takes effect.
5. The prices of the products and services listed in the offer are including VAT.
Article 10 – Conformity and Guarantees
1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable conditions of reliability and/or usability and the legal provisions and/or government requirements as they apply on the date on which the agreement is concluded.
2. A guarantee arrangement offered by the business, manufacturer or importer does not withstand the rights and claims the consumer holds against the business in respect of its failure to comply with its obligations pursuant to the law and/or the long-distance agreement.
Article 11 – Delivery and performance
1. The business will take the utmost care when receiving and processing product orders and assessing requests for the providing of services.
2. The place of delivery is the address the consumer provided to the business.
3. With due observance of that stated in this respect in article 4 of these general terms and conditions, the company will perform the accepted orders with suitable speed but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or cannot fully be completed, the consumer will be informed within no later than 30 days of placing the order. In that case the consumer is entitled to dissolve the agreement at no cost and entitlement to payment of damages.
4. In the event of dissolution pursuant to the previous subsection the business will repay the amount the consumer paid as soon as possible, but no later than within 30 days after dissolution.
5. If the delivery of an ordered product appears to be impossible, the business will do its utmost to make a replacement article available. No later than upon delivery a notification will be provided in a clear and understandable manner that a replacement article will be supplied. Upon replacing articles the right of withdrawal cannot be excluded. The costs of returned delivery are payable by the business.
6. The risk of damage and/or loss of products is held by the business until the moment of delivery to the consumer, unless otherwise has explicitly been agreed.
Article 12 – Continuing transactions
1. The consumer can always terminate an agreement entered into for an indefinite period with due observance of the agreed termination rules and a termination period of no more than one month.
2. An agreement entered into for a definite period has a duration of no more than two years. If it is agreed that the long-distance agreement will be extended if the consumer does not terminate the agreement, then the agreement will be continued as an agreement for an indefinite period and the notice period will amount to no more than one month after continuation of the agreement.
Article 13 – Payment
1. Insofar a later deadline has not been agreed by the consumer, the amounts due must be paid within fourteen days after delivery of the goods or in the event of an agreement for the providing of a service, within fourteen days after issue of the documentation relating to this agreement.
2. Upon the sale of products to consumers, in accordance with the general terms and conditions, an advancement payment can be agreed of no more than 50%. When an advance payment has been agreed, the consumer cannot exercise any right with regard to the performance of the relevant order or service(s), before the agreed prepayment has taken place.
3. The consumer has the duty to immediately notify the business of inaccuracies in the provided or stated payment details.
4. In the event of non-payment of the consumer and notwithstanding legal limitations, the business has the right to invoice reasonable costs of which the business will inform the consumer beforehand.
Article 14 – Complaints policy
1. The business has a sufficiently notified complaints procedure and processes the complaint pursuant to this complaints procedure.
2. Complaints about the performance of the agreement must be fully and clearly submitted to the business within a suitable time, after the consumer's detection of the failures.
3. The complaints must be submitted to the business within a period of 14 days calculated as of the date of receipt. If a complaint requires a foreseeable longer period, then the business will send a response within the period of fourteen days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 – Intellectual Property
The Purchaser explicitly acknowledges that all intellectual property rights of the reflected information, notifications or other expressions with regard to products and/or with regard to the internet site are held by Shipsworld.NL B.V., its suppliers or other legally entitled parties.
Article 16 – Personal data
Article 17 – Applicable law and competent court
All offers of Shipsworld.NL B.V., its agreements and the performance thereof are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention 1980 is explicitly excluded.
Article 18 – Links
Article 19 – Your rights
You can always ask Shipsworld.NL B.V. which data is processed about you. Please send an email to do so. You can also send an email to Shipsworld.NL B.V. if you have any questions, suggestions, additions or other corrections, which Shipsworld.NL B.V. will process as soon as possible. If you do not wish to receive any further information from us, you can inform Shipsworld.NL B.V. thereof. You will only receive information if you have provided your email address to this end.
Article 20 – Additional or deviating provisions
Additional or provisions deviating from these general terms and conditions cannot be at the disadvantage of the consumer and must be documented in writing in such a way that these can be saved by the consumer in an accessible manner on a sustainable data carrier.