GENERAL TERMS AND CONDITIONS OF
The partnership Waterman Sport V.O.F. Treubweg 15, 1112 BA in DIEMEN, hereinafter referred to as Waterman Sport.
1. DEFINITIONS
1.1 In these general terms and conditions, Waterman Sport refers to the user of the general terms and conditions;
1.2 In addition to a webshop, which can be visited at www.watermansport.nl, www.smartskate.nl www.skipoint.nl and www.123dakkoffer.nl, Waterman Sport also consists of three shops, located at Treubweg 15, 1112 BA in Diemen, Radioweg 64, 1098 NJ in Amsterdam and Mississippidreeef 151 3565 CE in Utrecht. These shops and the webshop specialise in the sale and/or rental of ice skates, inline skates, clothing, accessories, skis, snowboards, ski and snowboard boots, ski and luggage boxes, roof racks and bike racks, all in the broadest sense of the word.
1.3 Other party: the natural or legal person, or his legal successor(s), on whose behalf Waterman Sport delivers products and/or provides services.
2. APPLICABILITY
2.1 These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of the shop and webshop, to the exclusion of any other general terms and conditions.
2.2 Accepting an offer or placing an order implies that the other party accepts the applicability of these Terms and Conditions.
2.3 Deviations from the provisions of these Terms and Conditions are only possible in writing, in which case the other provisions remain in full force.
2.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of the webshop and the shop, are also stipulated for the benefit of intermediaries and other third parties engaged by the shop and/or webshop.
3. OFFERS
3.1 All offers made by both the shop and the webshop are without obligation and Waterman Sport expressly reserves the right to change prices, in particular when this is necessary on the basis of legal regulations.
3.2 An agreement is only concluded after acceptance of the order in the webshop and the shop. Waterman Sport is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If a webshop order and/or another type of order is not accepted by Waterman Sport, Waterman Sport will notify this by email/in writing.
4. PRICES AND PAYMENTS
4.1 The prices stated for the products and services offered are in euros, including VAT and excluding handling and shipping costs, as well as any insurance, taxes or other levies, unless otherwise stated or agreed in writing.
4.2 Payment must be made without discount or compensation. The goods will only be delivered after the full invoice amount has been paid in cash and/or by debit card in the shop, and for orders placed via the webshop, by payment to the account number specified during the ordering process, and/or in the case of invoicing, within fourteen days of the invoice date.
4.3 If the prices for the products and services offered increase in the period between the order and its execution, the other party is entitled to cancel the order.
5. DELIVERY
5.1 The delivery times stated by the webshop are indicative only. Exceeding any delivery period does not entitle the other party to compensation or to cancel the order or terminate the agreement, unless the delivery period is exceeded to such an extent that the other party cannot reasonably be expected to maintain the agreement. In that case, the other party is entitled to cancel the order or terminate the agreement to the extent necessary.
5.2 The products will be delivered at the place and time when the products are ready for shipment to the other party. Delivery will only be made to the front door on the ground floor.
6. RETENTION OF TITLE
6.1 Ownership of delivered products will only transfer to the other party once the other party has paid everything it owes to Waterman Sport under any agreement. The risk relating to the products will transfer to the other party at the time of delivery.
7. RENTAL/SERVICE
7.1 In addition to sales, Waterman Sport also rents skis, snowboards, ice skates, roller skates, ski luggage boxes, roof racks and bicycle carriers to individuals, schools and companies, in the broadest sense of the word.
7.2 At the start of the rental period, the other party must satisfy itself that the goods rented by Waterman Sport are in good condition and do not show any defects. After this check upon delivery of the goods, Waterman Sport accepts no liability whatsoever, other than that which can be legally and reasonably imposed on it.
7.3 Upon rental and after inspection of the goods by the other party in accordance with Article 7.2 of this agreement, the other party is fully liable for loss and/or damage to the goods delivered by Waterman Sport to the other party.
7.4 If, in the case of rental, the other party has ordered goods from Waterman Sport, the other party may cancel the order with Waterman Sport at no cost no later than one week before delivery.
7.5 If the other party cancels the order with Waterman Sport less than one week before delivery/rental, the other party will owe Waterman Sport cancellation costs amounting to 20% of the rental amount excluding VAT, which Waterman Sport will invoice to the other party.
7.6 When renting ski luggage boxes, roof racks and bicycle carriers, the other party can, if desired, request Waterman Sport to install these goods - and/or these goods will be placed by Waterman Sport on and/or on the other party's vehicle for service and safety reasons. After installation, the other party must convince itself that the goods installed by Waterman Sport meet the safety requirements and/or traffic regulations of the country to which the other party is traveling. Waterman Sport does not accept any liability after installation of the goods, other than that liability that can be legally and reasonably imposed on it.
8. MAINTENANCE/REPAIR
8.1 In addition to selling and renting, Waterman Sport also maintains and repairs skis and skates, in the broadest sense of the word, see also www.skipoint.nl
8.2 In the case of maintenance and repair of skates and skis, the other party must, after the maintenance and/or repair provided by Waterman sport, convince itself that the maintenance and/or repair has been carried out properly and that the products are in good condition. Waterman sport does not accept any liability after maintenance and/or repair of goods, other than that liability that can be legally and reasonably imposed on it.
9. COMPLAINTS AND LIABILITY
9.1 The other party has the obligation to investigate upon delivery whether the products comply with the agreement. If this is not the case, the other party must notify Waterman Sport of this in writing and with reasons as soon as possible and in any case within seven working days after delivery, or at least after observation was reasonably possible.
9.2 If it has been demonstrated that the products do not comply with the agreement, the other party has the choice to replace the products in question with new products upon return or to refund the invoice value.
9.3 If the other party does not wish to purchase a product for whatever reason, the other party has the right to return the product to Waterman Sport within seven working days after delivery. In this case, returns will only be accepted if the packaging of the product is undamaged and any seal on the packaging has not been broken, and the costs for returns will be borne by the other party. For products without packaging, the goods must be in the same condition as the condition in which Waterman Sport delivered them to the other party. Dirty and/or damaged goods are not accepted by Waterman Sport.
9.4 Waterman Sport products are only provided with a factory warranty in accordance with the conditions of Waterman Sport's suppliers.
9.5 Waterman Sport limits its liability at all times to an amount equal to the value of the goods it supplies.
10. ORDERS/COMMUNICATIONS
10.1 Waterman Sport is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in the traffic between Waterman Sport and the other party and any third parties, insofar as they relate to the relationship between the other party and Waterman Sport, unless and insofar as there is intent or gross negligence on the part of Waterman Sport.
11. FORCE MAJEURE
11.1 Without prejudice to its other rights, in the event of force majeure, Waterman Sport has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by written notice and without Waterman Sport being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
11.2 Force majeure means any shortcoming that cannot be attributed to Waterman Sport, because it is not attributable to Waterman Sport and is not attributable to Waterman Sport under the law, legal act or generally accepted views.
12. MISCELLANEOUS
12.1 If the other party provides Waterman Sport with a written address of an address, Waterman Sport is entitled to send all orders to that address, unless the other party provides Waterman Sport with a written notification of a different address to which the orders should be sent.
12.2 If Waterman Sport allows deviations from these Terms and Conditions, whether tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Other Party can never assert any rights based on the fact that Waterman Sport applies these Terms and Conditions flexibly.
12.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Waterman Sport are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable application to be determined by Waterman Sport.
12.4 Waterman Sport is authorized to use third parties for the execution of order(s).
13. APPLICABLE LAW AND JURISDICTION
13.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
13.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
14. DEPOSIT
14.1 These general terms and conditions of delivery and payment have been filed with the Chamber of Commerce and Industry in Amsterdam.