Terms and Conditions

Terms and Conditions

Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these conditions the following definitions shall apply:

  1. Reflection period: the period within which the consumer can make use of his Right of Withdrawal;
  2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Transaction duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form provided by the entrepreneur which a consumer can fill in and submit when he wants to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used.
  10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Freens Watersport, doing business under the trade name: www.blueplanetsup.eu/ Blue Planet SUP Europe
Address: Jachthavenweg 71-f, 4311 NC, Bruinisse, The Netherlands
Telephone number: +31 (0)85 1302385
E-mail address: info@blueplanetsup.eu
Chamber of Commerce number: 67209971
VAT identification number: NL187131612B02
IBAN: NL36KNAB0255786220

If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority.

If the entrepreneur has a regulated profession:
– the professional association or organization to which he is affiliated;
– the professional title, the place in the EU or the European Economic Area where it is awarded;
– a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been 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 not reasonably possible, the entrepreneur shall before the distance contract is concluded, communicate how the general terms and conditions can be obtained and that these general terms and conditions will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in a way that these can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible before the distance contract is concluded, the entrepeneur will indicate how the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable.
  5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or deleted, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that reflects the original intent as much as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Lack of clarity about the explanation or content of any provisions, should be explained ‘in the spirit’ of these general conditions.

Article 4 – The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
  5. Images for products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    o the price including taxes;
    o the possible costs of shipping;
    o the manner in which the agreement will be concluded and which actions are necessary for conclusion;
    o whether or not to the right of withdrawal is applicable;
    o the method of payment, delivery and execution of the agreement;
    o the period for accepting the offer or the period within which the entrepreneur guarantees the price;
    o the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
    o whether the agreement is filed after the conclusion, and if so, how this can be consulted by the consumer;
    o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and adjust them if necessary;
    o any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
    o the codes of conduct to which the entrepeneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    o the minimum duration of the distance contract in case of an extended transaction.

Article 5 – The contract

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can – within statutory frameworks – inform whether the consumer can meet his payment obligations and gather all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. At the latest at the time of delivery of the product, the service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. the business address of the entrepeneur where the consumer can visitor for complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about guarantees and services after purchase;
    4. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the return form.
  6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the right to terminate the contract without giving any reason for 14 days. The cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed by the consumer and made known to the entrepreneur in advance.
  2. During the cooling-off period, the consumer will handle the product and the packaging responsibly. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned timely, for example by means of a proof of shipment.
  4. If the customer has not made known his / her right of withdrawal or the right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is irreversible.

 When delivering services:

  1. When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer will adhere to the reasonable and clear instructions as provided by the entrepreneur at the time of the offer and / or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises the right of withdrawal, the costs of returning the goods are equal or less than the costs of the return shipment.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. Subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
  4. The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least prior to the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the specifications of the consumer;
    2. that are clearly personal in nature;
    3. which can not be returned due to their nature;
    4. that can spoil or age quickly;
    5. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
    8. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
    2. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
    3. regarding betting and lotteries.

Article 9 – The price

  1. During the period mentioned in the offer, prices for the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and upon which the entrepreneur has no influence on, against variable prices. This subjectivity to external influences and the fact that any mentioned prices are variable prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases 3 months or more after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    1. they are the result of statutory regulations or stipulations; or
    2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the offer for products or services delivered within the European Union include VAT.
  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Guarantee

  1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds with the manufacturer’s guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    1. the consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
    2. the delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;
    3. the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 – Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepeneur.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
  4. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known tot he entrepeneur, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which concerns the periodic delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation provisions and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which concerns the periodic delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of up to one month.
  3. The consumer may concerning the agreements referred to in the previous paragraphs:
  • cancel at any time and not be limited to termination at a specific time or in a given period;
  • at least cancel in the same way as they were entered into;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A contract that has been entered into for a definite period and that concerns the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which concerns the periodic delivery of daily news- and weekly newspapers and magazines may be automatically renewed for a fixed term of up to three months if the consumer has the right to terminate this extended agreement with a notice period of no more than one month.
  3. A contract that has been entered into for a definite period and that concerns the periodic delivery of products or services may only be automatically renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly 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 with a notice period of no more than one month, unless reasonableness and fairness dictate that the agreement shall not be terminated before the end date.

 Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this will period will commence after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of payment default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge any reasonable costs which have been made known to the consumer beforehand.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and described clearly to the entrepreneur within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication by when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises that may be solved through dispute settlement.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints can not be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, their decision is binding and both entrepreneur and consumer shall agree to their binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If the entrepeneur agrees the validity of the complaint , the entrepeneur will replace or repair the products at his discretion free of charge.

Article 15 – Disputes

  1. Only Dutch law applies to any agreements between the entrepreneur and the consumer to which these general terms and conditions apply, regardless whether the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

 Article 16 – Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.

Return Form

(only complete this form and return it if you want to cancel the purchase agreement)


To

Blue Planet SUP Europe
Jachthavenweg 71-F
4311NC, Bruinisse, The Netherlands
info@blueplanetsup.eu
+31 85 1302385

I hereby inform you that I revoke / revoke our agreement regarding the sale of the following goods (*) / delivery of the following service (*):

 

Order Date:

Order Number:

Receipt Date:

Customer Name(s):

Address:

 

IBAN:

 

Signature(s)                                                                                                                                Date

(only when submitted in physical form)