Terms and Conditions Freediveshop

Important notice: these terms and conditions are a translation of the original document in Dutch (The Netherlands). We translate our materials into other languages to assist customers. If there are differences between Dutch and another language, the Dutch version is the official version. The law of The Netherlands is applicable when you deal with Freediveshop (article 18).

Index
Article 1 - Definitions
Article 2 - Identity Freediveshop
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement/contract
Article 6 - Right of withdrawal upon delivery of products
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer
Article 9 - Obligations of Freediveshop in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Conformity and warranty
Article 13 - Delivery and execution
Article 14 - Procedure for complaints
Article 15 - Intellectual property
Article 16 - Personal data/information
Article 17 - Links
Article 18 - Applicable law and competent court/judge
Article 19 - Information

 

Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. Freediveshop: the natural person or legal body/entity that offers products or services to consumers from a distance (via the internet);
  2. Consumer: the natural person, who does not act in the exercise of his profession or business, and enters into a distance contract with Freediveshop;
  3. Distance contract: a contract/agreement between Freediveshop and the consumer is concluded within the framework of an organized system for distance sales of products, digital content and/or services, whereby, until the conclusion of the agreement, exclusively or partly one or more technologies for distance communication are used;
  4. Technology for distance communication: means that can be used to conclude an agreement without (the necessity of) the consumer and Freediveshop being together in the same space at the same time;
  5. Reflection period: the period within which the consumer can make use of his right of withdrawal (14 days);
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
  7. Day: calendar day;
  8. Print-on-demand product: a product that is not held in stock and will be printed/produced after it is ordered;
  9. Duration transaction: a distance contract with regard to a series of products and/or services, whereof the delivery and/or purchase obligation is spread over time;
  10. Durable data carrier: any means that enables the consumer or Freediveshop to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information. 


Article 2 – Identity of Freediveshop

Freediveshop / Freediveshop.eu / Freediveshop.nl / Freediveshop.be
email: info@freediveshop.nl
telephone number: [+31] 6 87 5509 40
ING Bank: NL70INGB0006942505
COC (Chamber of Commerce) number: 80110673
VAT identification number: NL003396081B44
Address: John Franklinstraat 71-3, 1056TA AMSTERDAM

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from Freediveshop and to any distance contract concluded between Freediveshop and the consumer. Freediveshop offers you, the visitor and potential consumer, this website, including all information, tools and services available on it, on the condition that you accept these general terms and conditions.
  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 text of the 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, it is possible, contrary to the previous paragraph and before the distance contract is concluded, that the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  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 general terms and conditions, the consumer can always rely on 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 made 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 Freediveshop uses images, these are as true as possible a representation of the products and/or services offered. Freediveshop cannot guarantee that the displayed colors (by the monitor you use) exactly match the real colors of the products. Obvious mistakes, (typing) errors or omissions in the offer do not bind Freediveshop.
  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:
    1. the price including taxes;
    2. the possible costs of delivery;
    3. the way in which the agreement will be concluded and which actions are required for this;
    4. whether or not the right of withdrawal applies;
    5. the method of payment, delivery or realisation/execution of the agreement;
    6. the term for accepting the offer, or the term for fixation of the price;
    7. the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
    8. if the agreement is archived after the conclusion, how it can be consulted by the consumer;
    9. the way in which the consumer, before concluding the agreement, can obtain information about actions that he does not want, as well as the way in which he can rectify these before the agreement is concluded;
    10. any languages in which, in addition to Dutch, the agreement can be concluded;
    11. the behavioral codes to which Freediveshop is subject and the way in which the consumer can consult these behavioral codes electronically; and
    12. the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.
 

Article 5 – The agreement/contract

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, Freediveshop will immediately (electronically) confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can annul the agreement.
  3. If the agreement is concluded electronically, Freediveshop will take appropriate technical and organizational measures to secure the electronic transfer of data and Freediveshop will ensure a safe web environment. If the consumer can pay electronically, Freediveshop will observe the appropriate security measures.
  4. Freediveshop can - within the legal frameworks - inform itself 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 Freediveshop, on the basis of this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation/realisation.
  5. Freediveshop will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. where the consumer can go with complaints;
    2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal (see following articles);
    3. information about existing after-sales service and waranties;
    4. the information included in article 4 paragraph 3 of these terms and conditions, unless Freediveshop has already provided this information to the consumer before the conclusion of the agreement;
    5. the requirements for terminating the agreement if the /agreement/contract has a duration of more than one year or is indefinite.
  6. If Freediveshop has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
 

Article 6 – Right of withdrawal upon delivery of products

  1. The consumer can annul an agreement/contract regarding the purchase of a product during a reflection period of 14 days without giving reasons. Freediveshop may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance (who is not the carrier) has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Freediveshop can, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times;
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
    3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

  1. Items/products are only taken back if Freediveshop has been contacted in advance (article 8).

 

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store. If use is made of the right of withdrawal, the consumer will return the product with all accessories supplied unused, unpolluted and in the original condition (in original undamaged packaging) to Freediveshop.
  2. With print-on-demand products the return address is not that of Freediveshop, but that of the intermediary or the warehouse that handled the printing/production of the product. This is usually a location in a foreign country.
  3. The consumer is liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  4. The consumer is not liable for a decrease in value of the product if Freediveshop has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
 

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this within the reflection period by sending an e-mail to info@freediveshop.nl.
  2. The consumer will return the product or hand it over to (an authorized representative of) Freediveshop as soon as possible, but at least within 14 days from the day following the notification/report referred to in paragraph 1. In any case, the consumer has complied with the return period if he ships/returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, as described in Article 7, paragraph 1, and with consideration of possible differing instructions in relation to the stated in Article 7, paragraph 2.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears all costs of returning the product. In case of prior consultation by e-mail, a different arrangement can/might be made.
  6. The consumer is responsible for properly packaging the product to be returned.
  7. The shipment must be sufficiently stamped (paid for). A return shipment for which no adequate postage has been paid will not be accepted by us.
  8. The risk of damage and/or loss of products rests with the consumer until the moment of delivery to Freediveshop, unless explicitly agreed otherwise.
  9. If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
 

Article 9 – Obligations of Freediveshop in case of withdrawal

  1. After receiving notification/report of the intention to exercise the right of withdrawal by the consumer, Freediveshop will confirm the receipt within 2 working days with any additional instructions.
  2. Refunds by Freediveshop will only be made after receipt of the product(s) in a condition as described in article 7, paragraph 1. Any depreciation, as a result of acting contrary to said article, is at the expense of the consumer.
  3. Refunds by Freediveshop are made exclusively to a specified bank account number of the consumer. Refunds will be made within 14 days of receipt of the product.
 

Article 10 – Exclusion of the right of withdrawal

Freediveshop can exclude the following products and services from the right of withdrawal, provided Freediveshop has clearly stated this in the offer, or at least in time before the conclusion of the agreement:

  1. products that have been created by Freediveshop in accordance with the consumer's specifications and that are clearly of a personal nature;
  2. that cannot be returned due to their nature;
  3. that can spoil or age quickly;
  4. all forms of gift certificates/vouchers or other store credit;
  5. these general terms and conditions do not apply to courses provided by or via Freediveshop. Terms and conditions for courses are stated on each course registration form.
 

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, Freediveshop can offer products or services, whose prices are subject to fluctuations in the financial market and which Freediveshop has no influence on, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of (changes in) laws, statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if Freediveshop has stipulated this and:
    1. they are the result of laws, statutory regulations or provisions; or
    2. the consumer has the authority to cancel/annul the agreement on the day on which the price increase takes effect.

  1. The prices stated in the offer of products or services include VAT.

 

Article 12 – Conformity and warranty

  1. Freediveshop guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions (and/or government regulations) existing on the date of the conclusion of the agreement..
  2. An warranty arrangement offered by Freediveshop, its supplier, manufacturer or importer, does not affect the rights and claims that the consumer can assert on the basis of the law and/or the distance contract in case of a shortcoming in the fulfillment of the obligations of Freediveshop.
  3. Any defects or incorrectly delivered products must be reported to Freediveshop 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 Freediveshop corresponds to the factory warranty period. Freediveshop 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 warranty does not apply if:
    1. The consumer has repaired and/or modified the delivered products himself or had it repaired and/or modified by third parties;
    2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated/used contrary to the instructions of the manufacturer and/or the packaging;
    3. The delivered products are wetsuits and/or neoprene products with a sensitive out- and/or inside (smooth-skin and/or open cell inside) that can damage with even the slightest careless use or treatment by the customer;
    4. The inadequacy/insuitability is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.
 

Article 13 – Delivery and execution

  1. Freediveshop will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, Freediveshop will execute accepted orders with urgent speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate/annul the agreement without costs. The consumer is not entitled to damages/compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation/damages.
  5. In case of termination/annulment in accordance with the third paragraph, Freediveshop will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the termination/annulment.
  6. If delivery of an ordered product proves to be impossible, Freediveshop will make every effort to make a replacement item available, such in consultation with the consumer. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items the right of withdrawal can not be excluded.
  7. The risk of damage and/or loss of products rests with Freediveshop until the moment of delivery to the consumer, unless expressly agreed otherwise.
  8. Any customs fees or duties imposed are the responsibility of the consumer.
  

Article 14 – Procedure for complaints

  1. Complaints about the implementation of the agreement must be submitted to Freediveshop within a reasonable time, fully and clearly described, such after the consumer has discovered the shortcomings/defects.
  2. Complaints submitted to Freediveshop will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Freediveshop will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
 

Article 15 Intellectual property

The consumer/buyer/visitor explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the internet site rest with Freediveshop, its suppliers or other entitled parties.

 

Article 16 Personal data/information

Freediveshop will only process the consumer's data in accordance with the privacy policy. Freediveshop observes the applicable privacy rules and legislation.

  

Article 17 Links

The Freediveshop site may contain advertisements from third parties or links to other sites. Freediveshop has no influence on the privacy policy of these third parties or their sites and is not responsible for the way they collect and process data.

 

Article 18 Applicable law and competent court/judge

The law of The Netherlands (Dutch law) applies to all offers from Freediveshop, its agreements and the implementation thereof. Even if the consumer lives abroad.
The competent court/judge has its seat in Amsterdam.

 

Article 19 Information

You can always send an e-mail with any questions you have for Freediveshop to info@freediveshop.nl. You can always ask Freediveshop which data about you is processed. You can also suggest Freediveshop to make improvements, additions or other corrections, which Freediveshop will take into consideration.