Article 1 - Definitions
In these General Terms and Conditions the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who agrees to a distance agreement with the entrepreneur.
Day: a calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of Distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur having gathered together in the same place and at the same time.
Article 2 - Entrepeneur's Identity
Freens Watersport doing business as Blue Planet SUP Europe
Address: Vosdonk 39-L1, Etten-Leur, The Netherlands
Phone: +31 (06) 14853164
Chamber of Commerce number: 67209971
VAT identification number: NL187131612B02
Article 3 - Scope
These general terms and conditions apply to any offer of the entrepreneur and to every finalized distance agreement between the entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general terms and conditions will be made available to the consumer. If it is not reasonably possible to make available terms and conditions before the distance agreement is concluded, the entrepreneur will inform the consumer that the general terms and conditions can be seen at the entrepreneur’s premises and on request of the consumer these general terms and conditions shall be sent to the consumer physically or electronically as soon as possible and free of charge.
If the distance agreement is concluded electronically, notwithstanding the previous stipulation and before the distance agreement is concluded, the text of the general terms and conditions can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. In any case, the entrepreneur will indicate where the consumer can find these general terms and conditions electronically and at the consumer’s request these general terms and conditions will be sent electronically or otherwise to the consumer free of charge.
Article 4 - Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products or services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur. Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer.
This concerns in particular:
- price exclusive of taxes, exclusive possible import duties
- possible costs of delivery
- the manner in which the agreement has been concluded and the necessary signatures
- whether to apply the right of withdrawal
- the method of payment, delivery and performance of the contract
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
- if the agreement after the conclusion is archived and if so how to consult it for the consumer
- the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
Article 5 - The Agreement
The agreement is finalized at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures. The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
Article 6 - Right of Withdrawal
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge whether he wishes to keep the product. If he decides to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Article 7 - Withdrawal Costs
If the consumer executes the right of withdrawal, the costs of returning products are paid by the customer, except for the Netherlands. If the consumer has made a payment, the entrepreneur shall refund this amount and the shipping costs as soon as possible but not later than within 14 days after the repeal or after the return shipment.
Article 8 - Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
In case a production error occurred or a faulty product has been delivered, the entrepreneur will cover potential costs that may arise. We certainly hope this will never occur, but if so, please notify our Customer Service within 48 hours.
Article 9 - Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing tax rates.
Notwithstanding the previous stipulation the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
a. These are the result of legal regulations or provisions; or
b. The consumer has the competence to terminate the agreement from the day the price increase takes effect.
c. The in the offer mentioned prices include VAT.
Article 10 - Conformity and Guarantees
The entrepreneur ensures that the products measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. The entrepreneur offers a limited warranty to the original purchaser covering 180 days from purchase against any defect in workmanship or materials.
The entrepreneur guarantees that when you submit your claim following the procedure on our website, we will respond within 5 working days whether the product can be claimed as a valid warranty. We only accept warranties that are claimed according to the described procedure. Claiming a warranty can only be done in case of a manufacturing defect. The entrepreneur is not responsible for any damage caused by inexpert use or handling of the products.
Article 11 - Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place. The entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous stipulation the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination. If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within five days after delivery.
Article 12 - Payments
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 13 - Complaints
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 14 - Disputes
These terms and conditions and all legal relations between the Buyer and the Seller shall be governed by and construed in accordance with the laws of the Kingdom of the Netherlands. All disputes arising out of or in connection with these terms and conditions and all contracts made and entered into between the consumer and the entrepreneur shall be subject to the exclusive jurisdiction of the competent courts at the domicile of the entrepreneur; nevertheless, the entrepreneur shall have the right to take proceedings in any other court of competent jurisdiction. Should any provision of these terms and conditions or any other provision contained in any other agreement be or become invalid, this shall not affect the validity of any of the other provisions or agreements. The invalid provision shall be replaced by a provision serving the purpose of these terms and conditions as closely as possible.
Article 15 - Additional and Different Provisions
Additional or different provisions compared to the general terms and conditions may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.