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Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby only one or more techniques for remote communication are used up to and including the conclusion of the contract;
4. Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or performance obligations of which are spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Registered address:
Shipsworld.NL BV
Grondel 9
1633 DW AVENHORN
THE NETHERLANDS
Return address:
Please send us an email first to inquire about a return shipment. This depends on your country!
Shipsworld.NL BV
P.O. Box 90
3788 BB VOORTHUIZEN
THE NETHERLANDS
Phone: +31(0)229-563177 (Monday to Thursday - from 09:30 to 17:00) (only available by email on Fridays!)
Chamber of Commerce: 37161456 Alkmaar
VAT Number: NL802980648B01
Rabobank Account: 154985910
IBAN: NL36RABO0154985910
SWIFT/BIC Address: RABONL2U
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 not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the consumer at the entrepreneur's.website and they will be sent free of charge upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically accessed, and they will be sent free of charge upon request.
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 always invoke the applicable provision that is most favorable to him.
Article 4 - The Offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular, the price including taxes, any delivery costs, the manner in which the contract will be concluded, and the right of withdrawal.
4. The entrepreneur shall ensure that the offer contains the information referred to in the previous paragraph. If the offer is made electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
5. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
6. The entrepreneur shall provide the consumer with 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, with the offer:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. 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;
c. The information about guarantees and existing after-sales service;
d. The price including all taxes of the product, where applicable the delivery costs, and the manner of payment, delivery or implementation of the distance contract;
e. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. If the consumer has a right of withdrawal, the model withdrawal form.
Article 5 - The Contract
1. The contract is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the conditions set by the entrepreneur.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 contract.
3. If the contract 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 observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution of the contract.
5. The entrepreneur shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service, at the latest upon delivery:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. 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;
c. The information about guarantees and existing after-sales service;
d. The price including all taxes of the product, where applicable the delivery costs, and the manner of payment, delivery or implementation of the distance contract;
e. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of Withdrawal for Product Delivery
1. The consumer has the option to terminate the agreement without stating reasons within 14 days from the purchase of products. This period starts on the day following the receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product, along with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of Withdrawal for Service Delivery
1. The consumer has the option to terminate the agreement without stating reasons within 14 days, starting from the day the agreement was entered into, in the case of service delivery.
2. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer or, at the latest, upon delivery.
Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of Right of Withdrawal
1. The entrepreneur can only exclude the consumer's right of withdrawal if this is clearly stated in the offer, or at least in a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products that:
a. are customized or tailored to the consumer's specifications;
b. are clearly personal in nature;
c. cannot be returned due to their nature;
d. are perishable or can expire quickly;
e. have a price dependent on fluctuations in the financial market beyond the entrepreneur's control;
f. are newspapers or magazines;
g. are audio or video recordings or computer software that the consumer has unsealed.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. if the delivery has started with the consumer's explicit consent before the withdrawal period has expired;
c. relating to betting and lotteries.
Article 9 - Price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Deviating from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The offer will indicate the possibility of such price fluctuations and the fact that any listed prices are target prices.
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 from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions, or
b. the consumer has the right to terminate the agreement on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees 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 provisions and/or government regulations in force on the date of the conclusion of the agreement.
2. Any additional guarantee offered by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. The company will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation for damages.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If it is impossible to deliver a ordered product, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of returning the product are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Long-Term Transactions
1. The consumer can terminate an agreement entered into for an indefinite period at any time, subject to agreed termination rules and a notice period of no more than one month.
2. An agreement entered into for a definite period has a maximum duration of two years. If it has been agreed that the agreement will be extended automatically in the event of the consumer's silence, the agreement will continue as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
1. Unless otherwise agreed, the consumer must fulfill the payment obligations within fourteen days after the delivery of the goods or, in the case of an agreement to provide a service, within 14 days after the issuance of the documents concerning this agreement.
2. In general terms and conditions, it shall never be stipulated that the consumer must make a prepayment exceeding 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the obligation to notify the entrepreneur promptly of any inaccuracies in the payment details provided or stated.
4. In the event of consumer's default in payment, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur promptly, fully, and clearly described, 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 message of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - Intellectual Property
The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications, or other expressions regarding the products and/or the website belong to Shipsworld.NL B.V., its suppliers, or other rightful claimants.
Article 16 - Personal Data
Shipsworld.NL B.V. will only process the Buyer's data in accordance with its privacy policy. Shipsworld.NL B.V. will observe the applicable privacy regulations and legislation.
Article 17 - Applicable Law and Competent Court
Dutch law applies exclusively to all offers from Shipsworld.NL B.V., its agreements, and the execution thereof. The applicability of the Vienna Sales Convention is expressly excluded.
Article 18 - Links
The website of Shipsworld.NL B.V. may contain advertisements from third parties or links to other sites. Shipsworld.NL B.V. has no influence on the privacy policy of these third parties or their websites and is not responsible for them.
Article 19 - Your Rights
You can always request Shipsworld.NL B.V. to provide information about the data it processes about you. To do so, you can send an email. You can also request Shipsworld.NL B.V. by email to make corrections, additions, or other changes, which Shipsworld.NL B.V. will process as soon as possible. If you no longer wish to receive information, you can inform Shipsworld.NL B.V. of this. Sending of information will only take place if you have provided your email address for this purpose.
Article 20 - Additional or Deviating Provisions
Additional or deviating provisions from these general 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 in an accessible manner on a durable data carrier.