Terms and Conditions of TRIBAL Windsurfing

These Terms and Conditions apply to all offers, orders and agreements of TRIBAL Windsurfing, unless explicitly agreed otherwise in writing.

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

• TRIBAL Windsurfing: the trading name of PWsurfsport, having its registered office at Amphoraweg 10, 2332 EE Leiden, The Netherlands, registered with the Chamber of Commerce under number 89420284, VAT number NL864977487B01.
• Customer: any natural person or legal entity who enters into an agreement with TRIBAL Windsurfing or negotiates the conclusion thereof.
• Consumer: a Customer acting for purposes outside his or her trade, business or profession.
• Business Customer: a Customer acting in the exercise of a trade, business or profession.
• Agreement: any agreement concluded between TRIBAL Windsurfing and the Customer, including amendments or supplements thereto.
• Products: all goods and services supplied by TRIBAL Windsurfing.
• Order: any order placed by the Customer via the website or other sales channels of TRIBAL Windsurfing.

Article 2 – Applicability

1. These Terms and Conditions apply to all offers, quotations, Orders and Agreements of TRIBAL Windsurfing.
2. Deviations from these Terms and Conditions are only valid if explicitly agreed in writing by TRIBAL Windsurfing.
3. The applicability of any general or special terms and conditions of the Customer is expressly rejected.
4. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 3 – Offers and quotations

1. All offers and quotations issued by TRIBAL Windsurfing are non-binding, unless expressly stated otherwise.
2. Offers are valid only while stocks last.
3. Obvious errors or mistakes in an offer do not bind TRIBAL Windsurfing.
4. Offers are valid for a maximum period of 31 days, unless stated otherwise.

Article 4 – Conclusion of the Agreement

1. An Agreement is concluded at the moment TRIBAL Windsurfing confirms the Order of the Customer in writing or electronically.
2. TRIBAL Windsurfing reserves the right to refuse Orders or to impose additional conditions on delivery.
3. If an Order is not accepted, the Customer will be informed thereof within a reasonable period of time.

Article 5 – Prices

1. All prices are stated in EURO.
2. Prices for Consumers are inclusive of VAT. Prices for Business Customers may be stated exclusive of VAT.
3. Shipping costs and any additional charges are stated separately prior to the conclusion of the Agreement.
4. TRIBAL Windsurfing reserves the right to change prices prior to the conclusion of the Agreement.

Article 6 – Payment

1. Payment must be made using the payment methods offered on the website, unless agreed otherwise in writing.
2. TRIBAL Windsurfing is entitled to request full or partial advance payment.
3. If the Customer fails to make payment on time, the Customer shall be in default by operation of law.
4. All reasonable judicial and extrajudicial costs incurred to obtain payment shall be borne by the Customer.

Article 7 – Retention of title

All Products delivered remain the property of TRIBAL Windsurfing until the Customer has fully complied with all obligations arising from the Agreement.

Article 8 – Delivery

1. Delivery shall take place at the address specified by the Customer.
2. Delivery times stated are indicative only and shall never be considered strict deadlines.
3. If delivery cannot take place within 30 days, the Consumer shall be informed thereof without undue delay.
4. TRIBAL Windsurfing is entitled to deliver Orders in installments.

Article 9 – Right of withdrawal (Consumers only)

1. The Consumer has the right to withdraw from the Agreement within 14 days after receipt of the Products, without stating any reason.
2. Products may be unpacked and inspected to the extent necessary to assess their nature, characteristics and functioning, as would be possible in a physical retail store.
3. Any depreciation in value resulting from use beyond what is necessary may be charged to the Consumer.
4. The right of withdrawal does not apply to Products that are made to the Consumer’s custom specifications or clearly personalized.

Article 10 – Returns and refunds

1. In the event of a valid withdrawal, TRIBAL Windsurfing shall refund all payments received from the Consumer, including standard delivery costs, within 14 days.
2. The direct costs of returning the Products shall be borne by the Consumer, unless agreed otherwise.

Article 11 – Conformity and warranty

1. TRIBAL Windsurfing guarantees that the Products comply with the Agreement.
2. For Business Customers, only the statutory minimum warranty applies.

Article 12 – Liability

1. The liability of TRIBAL Windsurfing is limited to the invoice value of the relevant Agreement.
2. TRIBAL Windsurfing shall not be liable for indirect damage, including consequential loss or loss of profit, except in cases of intent or gross negligence.

Article 13 – Force majeure

TRIBAL Windsurfing shall not be obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.

Article 14 – Complaints

Complaints must be submitted within a reasonable period in writing via info@tribalwindsurfing.com.

Article 15 – Governing law and disputes

1. All Agreements are governed by Dutch law.
2. Disputes shall be submitted to the competent court.
3. Consumers may also submit disputes via the European ODR platform: ec.europa.eu/consumers/odr