Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
3. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
4. Means of distance communication: means that can be used for concluding a contract without the consumer and trader being together in the same place at the same time;
5. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
9. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the trader

Business address:
Shipsworld.NL BV
De Nieuwe Erven 3
5431 NV CUIJK
THE NETHERLANDS

Postal Return Address:
Please email us first to request a return. This depends on your country!
Shipsworld.NL BV
De Nieuwe Erven 3
5431 NV CUIJK
THE NETHERLANDS

Telephone: +31(0)229-563177 (Monday to Thursday - from 09:30 to 17:00) (on Fridays available by email only!)
Chamber of Commerce (KvK): 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 trader and to every distance contract concluded between the trader 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always rely on the applicable provision that is most favourable to them in the event of conflicting terms.

Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly 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 a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
This concerns in particular:
- the price inclusive of taxes;
- any costs of delivery;
- the manner in which the contract will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the manner of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period within which the price is honoured; 
- 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; 
- whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an extended duration contract for continuous or periodic delivery of products or services.

Article 5 – The contract 
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. The trader may — within statutory frameworks — inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the trader has sound reasons not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
5. The trader will provide the consumer with the product or service 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:
a. the visiting address of the trader's place of business where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the 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. If the trader has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the contract without stating reasons for 14 days. This cooling-off period starts on the day after 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 assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and — if reasonably possible — in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

Article 6b – Right of withdrawal upon delivery of services
1. When services are provided, the consumer has the option to dissolve the contract without stating reasons for 14 days, starting on the day of concluding the contract. 
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal 
1. If the consumer exercises their right of withdrawal, they will bear at most the direct costs of returning the product.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 30 days after return or withdrawal.

Article 8 - Exclusion of the right of withdrawal
1. The trader may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time prior to the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal. 
3. Exclusion of the right of withdrawal is only possible for services: 
a. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. 
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This connection to fluctuations and the fact that any prices stated are target prices will be stated 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 from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: 
a. they are the result of statutory regulations or provisions; or 
b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT.

Article 10 – Conformity and Warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader regarding a failure in the performance of the trader's obligations under the law and/or the distance contract.

Article 11 – Delivery and performance
1. The trader will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has communicated to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with appropriate speed, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this at the latest one month after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any damages.
4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are for the trader's account.
6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 – Continuing performance contracts: duration, termination and renewal
1. The consumer may terminate a contract concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period not exceeding one month.
2. A contract concluded for a fixed period has a maximum duration of two years. If it has been agreed that the distance contract will be tacitly renewed upon silence of the consumer, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract shall be at most one month.

Article 13 – Payment
1. Unless agreed otherwise at a later date, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract to provide a service, within 14 days after issue of the documents relating to this contract.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
4. In the event of default of payment by the consumer, the trader has the right, subject to statutory restrictions, to charge reasonable costs made known in advance to the consumer.

Article 14 - Complaints procedure
1. The trader maintains a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. 

Article 15 – Intellectual property
The Buyer expressly acknowledges that all intellectual property rights in displayed information, communications or other expressions relating to the products and/or relating to the website are vested in Shipsworld.NL B.V., its suppliers or other rights holders.

Article 16 – Personal data
Shipsworld.NL B.V. will only process Buyer's data in accordance with its privacy policy. Shipsworld.NL B.V. thereby complies with the applicable privacy rules and legislation.

Article 17 – Applicable law and competent court
All offers of Shipsworld.NL B.V., its contracts and the execution thereof are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

Article 18 – Links
The website of Shipsworld.NL B.V. may contain third-party advertisements or links to other websites. Shipsworld.NL B.V. has no influence over the privacy policy of these third parties or their websites and is not responsible for them.

Article 19 – Your rights
You may always ask Shipsworld.NL B.V. what data about you is being processed. You can send an email for this purpose. You may also request Shipsworld.NL B.V. by email to make improvements, additions, or other corrections, which Shipsworld.NL B.V. will process as quickly as possible. If you no longer wish to receive information, you can inform Shipsworld.NL B.V. of this. Sending information only occurs if you have provided your email address for that purpose.

Article 20 – Additional or deviating provisions
Additional provisions or provisions deviating 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 medium.