GENERAL TERMS AND CONDITIONS
These terms and conditions describe the terms and conditions under which we supply any or product(s) listed on Scheepsstudio.nl and the webshops Shipsclockshop.com, Scheepsklokkenwinkel.nl and Scheepsservieswinkel.nl.
Before ordering products from our website, or directly via e-mail, please read the terms and conditions carefully. These terms and conditions describe who we are, how products will be delivered to you, how we can end the contract with you, what to do in case there is a problem, and other important information. You must agree to these terms and conditions before ordering any product(s) from our website, webshops, or directly via email.
You agree to the terms and conditions or using any of the services, regardless of how or why you subscribe. You must not use or subscribe to our services if you don't agree to the Terms.
These terms and conditions refer to you, the user who accesses the website/webshop and its contents, as well as the use of the services provided through it.
These Terms and Conditions have been prepared by Scheepsstudio VOF and apply to business for Scheepsstudio and the webshops Shipsclockshop.com, Scheepsklokkenwinkel.nl, Scheepsservieswinkel.nl.
The purchase of any of the products constitutes the full and complete acceptance of each of the stated Terms and Conditions. These General Terms and Conditions are subject to change without prior notice. It is therefore advisable to read their contents carefully before proceeding to purchase the products offered.
Article 1. Introduction and naming
Shipsclockshop.com, Scheepsklokkenwinkel.nl and Scheepsservieswinkel.nl websites are internet based content and e-commerce portals operated by Scheepsstudio.nl, a company incorporated under the laws of the Netherlands.
You agree to accept all terms, conditions, and notices that may be posted on this website. Scheepsstudio reserves the right to refuse registration from any user at its sole discretion.
a. Identity for the enterprise
- The company name is: Scheepsstudio
- The trade name is: Scheepsstudio, Shipsclockshop.com, Scheepsklokkenwinkel.nl, Scheepsservieswinkel.nl
- The VAT number is: 823535784B01
- The place of business is: Willem Alexanderstraat 35, 1432 HK, Aalsmeer, The Netherlands
- Correspondence e-mail address: info@shipsclockshop.com
- Registered in the Commercial Register of the Chamber of Commerce, number 59525509
b. User account password and security
After you have completed the registration, you will receive a password and an account number. You are responsible for the password and account. All activities under your password are also your responsibility. Scheepsstudio must immediately be notified of any unauthorized or breached security of your password. You agree to log out of your account after each session. Scheepsstudio will not be responsible for any loss or damage resulting from your failure of to comply with this section.
c. Services available
Scheepsstudio provides a range of internet-based services through the website. One such service allows users to purchase original merchandise such as shipsclocks, metereology, navigation instruments. You will also be charged for shipping the product to your address.
Article 2 – Definitions
In these terms and conditions, the following definitions shall apply:
1. Entrepreneur: the natural or legal person offering 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 a distance contract with the entrepreneur;
3. Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Grace period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract
within the withdrawal period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon 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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. If a specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and, in the event of conflicting general terms and conditions, the consumer may 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 shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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 including taxes;
- the possible costs of delivery
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;- if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the agreement, as well as the manner in which he can rectify these acts before the agreement is concluded;- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of a contract for continuous or periodical delivery of products or services.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer accepts the offer and fulfils the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. If the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur can inform himself 'within legal frameworks' whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier
a. the email and address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of fourteen days. This period starts 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 its packaging with care. He shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party indicated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
c. in case of agreements 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.
Article 6b- obligations of consumer during reflection period
1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning 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 shop.
2. The consumer is only liable condition deterioration of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable condition reduction of the product if the entrepreneur has not provided him before or at the conclusion of the contract with all legally required information about the right of withdrawal
Article 6c - Right of withdrawal on delivery of services
1. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons during fourteen days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be for his account.
2. If the consumer has paid an amount, the entrepreneur shall return this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
1. If the consumer has ordered a product made to the consumer's specifications (customization, personalization), the consumer cannot invoke his right of withdrawal.
Article 9 - The price
1. During the validity period stated in the offer (quotation), the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
a) they are the result of legal regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the trader under the law and/or the distance contract with regard to a shortcoming in the trader's obligations.
3. A 2-year warranty on marine clocks, barometers, chronometers, comfort meters and compasses is given by the relevant manufacturer. The manufacturer's warranty covers damage and defects not caused by external influences or incorrect operation; these defects include those relating to the functionality of the clock or the housing.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur 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 turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may terminate a contract that has been entered into for an indefinite period of time at any time, subject to agreed termination rules and a maximum notice period of one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in the event of the consumer's silence, the distance contract shall be extended, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall not exceed one month.
Article 13 – Payment
1. Insofar as not subsequently agreed, the amounts owed by the consumer should be paid immediately upon purchase via Ideal, payment by credit card (Mastercard/VISA, American Express) bank transfer or Klarna.
2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known in advance to the consumer.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - Additional or different 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 data carrier.
Article 16 – Privacy & User conduct & regulations
1. Privacy Policy
The user agrees to and expresses his/her understanding of Scheepsstudio’s privacy policy. The user also agrees to the privacy policy's terms, conditions, and content.
2. Limited user
The user agrees not to modify, reverse engineer, copy, transmit, distribute, transmit, perform or reproduce, publish, license, or create derivative works from any information downloaded from the website. Scheepsstudio granted permission for limited reproduction and copying from the website. The website prohibits unlimited reproduction, wholesale copying, unwarranted modifications or data.
3. User conduct & rules
You agree that you will only upload and post material on the service or website that is legal. As an example, but not as a limitation, you agree and undertake that you will not use the service for any other purpose than: >Threaten to violate the legal rights of others;
- Upload, distribute, and disseminate offensive, profane, or indecent topic name, material, information, or other materials.
- Upload files that include software or other material protected by intellectual property laws, unless permission is granted.
- Upload and distribute files that contain viruses, malware, or any other software that could damage the website or other people's computers.
- Send or forward surveys, contests, pyramid schemes or chain letters
- Any file uploaded by another user to a service can be downloaded.
- Falsify, remove, or omit any author attributions or legal notices or proprietary labels, labels of origin, source software, or material labels in an uploaded file.
- You must not break any codes or guidelines applicable to a specific service.
- To violate any laws or regulations in the Netherlands or elsewhere;
- This agreement and any other terms and conditions applicable to the use the website are not allowed.
- User warranty and representation: You warrant, guarantee and confirm that the content submitted is yours and you are authorized to use it. Scheepsstudio has not threatened or filed any suit or proceeding regarding any content, including trademarks and trade names, service marks, or copyright.
Article 17 - Intellectual property rights
1. Scheepsstudio owns all intellectual property rights on the website. This includes all rights, title and interest in, as well as copyright, related rights, patents, utility models, trademarks and trade names. Goodwill, source code, meta tags, databases, text, content and hyperlinks. Scheepsstudio grants permission to you not to reproduce, distribute, or copy any content from the website.
2. You are responsible for any content that you upload to or provide to any service, despite the above. All text, data, and information, as well as images, photos, sounds, and video, that you upload, transmit or store through our various services, are your responsibility. Third-party users are permitted to view and reproduce product customization content.
3. Scheepsstudio may link to other websites ("Linked sites") from its website. Scheepsstudio does not have any control over the content of any linked website. This includes any link within a Linked Site, or any updates or modifications to a Linked Site. Scheepsstudio is not responsible for any transmissions from any linked site. These links are provided by Scheepsstudio for your convenience. Users should verify the accuracy of any information before they rely on it.
Article 18 - Disclaimer of warranties/limitation of liability:
1. Scheepsstudio tries to ensure that the information is accurate. Scheepsstudio makes no representations or warranties regarding the accuracy or completeness of data, information, or products. Scheepsstudio is not responsible for any indirect or punitive damages or other damages that result from: (a) the use of the services; (b) the unauthorised access or alteration of user's transmissions or data; (c), any other matter relating to the services, such as damages for loss of data or profits, or any matter connected to the website or the service.
2. Scheepsstudio will not be responsible for any inability or delay in using the website or the related services, including the provision of or failure to provide services. Scheepsstudio is not responsible for any information, software, products, or services found on the website. Scheepsstudio is not responsible for website access being unavailable or suspended unexpectedly due to technical issues or any other cause beyond Scheepsstudio's control. All material downloaded or obtained from the website is at your own risk. They are also responsible for any data loss or damage that could occur to their computers because of downloading such material.
3. Scheepsstudio will not be responsible for any damages, claims, costs, or expenses resulting from any breach of these Terms.
Article 19 - The Governing Law
These terms will be governed by and constructed in accordance with the laws of The Netherlands. The Netherlands shall have exclusive jurisdiction over any conflict of law principles or disputes arising therefrom.