Nautical Sports Holding B.V.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
Article 2 – NSH’s identity
Nacra Sailing B.V, / Performance Sails B.V. / Nacra Americas, Inc. legally represented by:
Nautical Sports Holding B.V. [NSH]
Telephone: +3170338 2900
Chamber of Commerce number; 24308638
VAT identification number; NL811887790B01
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from NSH and to any distance contract concluded by NSH and the Consumer.
2. Before concluding a distance contract, NSH shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, NSH shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If NSH makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind NSH.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, NSH shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, NSH will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, NSH shall observe appropriate security measures.
4. NSH may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, NSH has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, NSH shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of NSH´s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price include the appropriate value added tax in force at the time of the agreement, this is depending on customer type and delivery location [in EU: with NL[21%] VAT for private persons and 0% VAT for businesses/ outside EU: both private and business with 0% VAT], of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
In case of services and digital content that is not delivered on a physical carrier:
Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
Article 7 – Consumer’s obligations during the time of reflection
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
8. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
Article 9 – Entrepreneur’s obligations in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
NSH excludes the following products and services from the right of withdrawal but only if NSH notified this clearly when making the offer or at any rate in good time before concluding the agreement:
a. the performance started with the Consumer’s explicit prior consent; and
b. the Consumer stated that he will lose his right of withdrawal as soon as NSH has fully performed the agreement.
a. the performance was started with the Consumer’s explicit prior consent;
b. the Consumer stated that he will lose his right of withdrawal by doing so.
13. Sails of which the packaging was opened and/or seals were broken after delivery.
Article 11 – The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, NSH may offer products or services whose prices are subject to fluctuations in the financial market that are beyond NSH’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if NSH has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT [see Article 5.5d].
Article 12 – Performance of an agreement and extra Guarantee
1. NSH guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, NSH also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by NSH, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against NSH about a failure in the fulfilment of NSH’s obligations if NSH has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by NSH, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
1. NSH shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, NSH shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, NSH shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by NSH until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination and renewal
1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
– at any time and not be limited to termination at a particular time or in a given period;
– at least in the same way as they were concluded by him;
– at all times with the same notice as NSH stipulated for himself.
4. An agreement concluded for a definite period which extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
6. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in case the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
8. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment
1. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions.
If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment unless agreed otherwise.
3. The Consumer has the duty to inform NSH promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and NSH has pointed out to him that the payment was late and allowed the consumer a period of 14 days to comply with the payment obligations, the consumer is to pay the statutory interest on the amount payable and NSH is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. NSH may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 – Complaints procedure
1. NSH shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to NSH within a reasonable time after the Consumer discovered the defects
3. The complaints submitted to NSH shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, NSH shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4 . If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 17 – Disputes
1. Contracts between NSH and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the Consumer and NSH about the formation or the performance of contracts related to products or services that NSH must deliver or has already delivered can be submitted by both the Consumer and the Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to NSH within a reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When NSH wishes to file the dispute to the Geschillencommissie, the Consumer must speak out in writing within five weeks after a written request made by NSH whether he so desires or wants the dispute to be dealt with by the competent court. If NSH has not heard of the Consumer’s option within the period of five weeks, NSH is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
A decision made by the Geschillencommissie is a binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if NSH is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at the hearing and delivered a final award.
8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)[Financial Services Complaints Board] is competent, the disputes committee recognised by and affiliated with the SGC or Kifid is competent.
Article 18 – Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
*) Delete and/or complete where appropriate.