GENERAL TERMS & CONDITIONS OF SALE OF TRIBAL WINDSURFING, APPLYING TO SALES THROUGH THE WEBSHOP
The following definitions apply to these T&Cs:
A registered trading name of PWsurfsport
Registered with the Chamber of Commerce under no. 27332919
Address: Amphoraweg 7, 2323ED Leiden, The Netherlands
VAT number: NL1750 93 349 B02
Buyer: Every natural person who concludes an Agreement with Tribal Windsurfing via the internet or with whom Tribal Windsurfing is negotiating an Agreement
Agreement: Every agreement between Tribal Windsurfing and Buyer that is concluded via a website of Tribal Windsurfing, every amendment or supplement hereto, as well as all juristic and other acts to complete and fulfill such agreement;
Products: All matters that are subject to an Agreement;
Order: Every order by Buyer that is placed via a Tribal Windsurfing website.
1.1. These Standard Terms and Conditions of Sale (hereafter “T&Cs”) apply to all web and other offers of Tribal Windsurfing and to Agreements with Tribal Windsurfing. Any other general or standard terms and conditions are hereby excluded.
1.2. Acceptance of an offer or submission of an order implies that the Buyer agrees to these T&Cs.
1.3. The provisions contained in these T&Cs can only be differed from in writing, in which case the other provisions remain unimpaired and fully enforceable.
1.4. All rights and entitlements that are stipulated in these T&Cs and in any further Agreements on behalf of Tribal Windsurfing apply likewise to intermediaries and other third parties that are engaged by Tribal Windsurfing.
2.1. An offer has a validity period of 31 days starting from the date on which the offer is signed.
2.2. All offers by Tribal Windsurfing are subject to confirmation, and Tribal Windsurfing retains the right to change the prices before the Agreement is concluded.
3.1. An Agreement is concluded at the time of acceptance of the offer by the Buyer and the related T&Cs being met by the Buyer. The offer by Tribal Windsurfing identifies the rights and obligations that are attached to acceptance of the offer.
3.2. Tribal Windsurfing reserves the right to refuse orders or to attach specific conditions to the delivery, unless explicitly stated otherwise. If Tribal Windsurfing chooses not to accept an order, it will notify the Buyer of this within ten working days after receipt of the order.
4. PRICE AND PAYMENT
4.1. All prices are stated in Euros including VAT but exclusive of transport costs. Transport costs are specified to the Buyer prior to the conclusion of the Agreement.
4.2. Payment of the full purchase price shall take place in advance or in cash upon delivery. Varying payment terms only apply upon agreed in writing. Payment can be made according to the means of payment identified on the website, but in any case by means of a credit card or bank transfer. Tribal Windsurfing is not obliged to deliver as long as the Buyer has not met its payment obligations.
4.3. Tribal Windsurfing has the right to require an advance payment not exceeding 50% of the purchase price upon conclusion of an Agreement with the Buyer. If delivery takes place in installments, Tribal Windsurfing is entitled to require an advance payment per installment.
4.4. In case of out-of-court recovery, the Buyer is liable to pay out-of-court collection costs, in addition to the purchase price and statutory interest, following written demand by Tribal Windsurfing of payment by the Buyer and the amount receivable remaining outstanding fully or in part. The out-of-court collection costs shall not exceed 15% of the outstanding principal, provided that such costs are reasonable. Out-of-court costs can only be claimed when an external collection agency has been involved.
4.5. If Tribal Windsurfing grants a deferment to the Buyer for any performance for reasons of leniency or otherwise, the new payment terms always involve a strict deadline.
5. RETENTION OF TITLE
5.1. So long as the Buyer has not paid the amount due under the Agreement or only partially, the goods delivered remain the property of Tribal Windsurfing.
6. SATISFACTION GUARANTEE AND RIGHT OF RETURN
6.1. The Buyer has the right to dissolve the Agreement within seven working days after receipt of the Products without stating reasons, unless Products are involved that have been created according to specifications of the Buyer, that are of a personal nature, that cannot be returned because of their specific character, or that can become obsolete quickly. The sealing/packaging of the articles may, however, not be broken, and the articles must be delivered to Tribal Windsurfing intact. If this aspect is not adhered to, Tribal Windsurfing will then not take the articles back nor will it issue a refund. The direct costs of the return shipment are for account of the Buyer.
6.2. If the Buyer has already paid all or part of the amount due to Tribal Windsurfing pursuant to the Agreement, Tribal Windsurfing will then refund such amount to the Buyer within 30 days.
7.1. The Buyer is obliged to inspect the Products immediately upon receipt to determine whether they satisfy the requirements of the order and/or contain any defects.
7.2. Should the Products fail to meet the requirements of the order or contain defects, the Buyer must then immediately inform Tribal Windsurfing of this by e-mail to email@example.com stating the order number and giving a clear explanation why the article is unsatisfactory. If Tribal Windsurfing is convinced that the Buyer refuses the article for solid reasons, Tribal Windsurfing will then replace the article, or have it repaired at its own cost or return the Buyer’s payment. Tribal Windsurfing will in such case pay the costs of the return shipment.
7.3. The Buyer may be asked to prove that the article has been purchased from Tribal Windsurfing, for example by submitting the invoice.
8. ELECTRONIC COMMUNICATION AND EVIDENCE
8.1. Tribal Windsurfing is not liable for any misunderstanding, mutilation, delay or improper transmission of data and messages as a result of the use of internet or any other means of communication between the Buyer and Tribal Windsurfing, unless legal provisions determine otherwise.
8.2. The administrative records of Tribal Windsurfing will serve as satisfactory evidence of the existence, content and fulfillment of the Agreement with the Buyer in a legal procedure. This applies in the absence of rebutting evidence by the opposite party that evidence presented by Tribal Windsurfing is not reliable.
9.1. Tribal Windsurfing shall deliver the goods with due speed, but in any case within 30 days after the Order has been placed. If it turns out to be impossible to deliver the Products within 30 days, for example because the Products are temporarily out of stock, Tribal Windsurfing will inform the Buyer of this as soon as possible.
9.2. Until the time of delivery, the Buyer is authorized to dissolve the Agreement unilaterally if delivery has not taken place within 30 calendar days after the agreed delivery date. Tribal Windsurfing shall in that case fully refund the amount already paid by the Buyer as soon as possible, in any case within 30 days.
9.3. For practical reasons, delivery may take place in installments.
10. FORCE MAJEURE
10.1. Without prejudice to its other rights and remedies, Tribal Windsurfing has the right, in case of circumstances beyond its control, to either suspend the fulfillment of the Order of the Buyer or to dissolve the Agreement without recourse to the courts, such by notifying the Buyer of this in writing and without any obligation to compensate for damages, unless the requirements of reasonableness and fairness would dictate otherwise in the given circumstances.
10.2. Force majeure includes all failures that cannot be attributed to Tribal Windsurfing, as such failure is not the result of fault on its part and is not for its account by law or legal action or under generally accepted practice.
11. DISPUTES AND HANDLING OF COMPLAINTS
11.1. The Agreement and these T&Cs are subject to Dutch law.
11.2. Complaints related to the fulfillment of the Agreement by Tribal Windsurfing must be immediately submitted to Tribal Windsurfing by email to firstname.lastname@example.org
11.3. Tribal Windsurfing shall handle the complaint within 30 days. If more time is required to handle the complaint, Tribal Windsurfing will then notify the Buyer.
11.4. If the complaint cannot be mutually resolved between Tribal Windsurfing and the Buyer, the Buyer (as well as Tribal Windsurfing) then has the right to submit the complaint, upon payment of a 25 euro complaint-filing fee, to Geschillencommissie Thuiswinkel, P.O. Box 90600, 2509 LP The Hague, the Netherlands. For detailed information about this disputes handling body see www.sgc.nl. This independent committee will issue a binding verdict regarding the dispute. If the Buyer’s complaint is (partially) upheld, then the complaint-filing fee will be (partially) refunded.
11.5. The above does not prejudice the right to submit a dispute to the court which has jurisdiction.