General Terms and Conditions

General Terms and Conditions of Marine-Outlet BV

1. General

1.1 In these general terms and conditions, "Marine-Outlet BV" refers to the company registered under Chamber of Commerce (KvK) No. 99743280, hereinafter also referred to as Marine-Outlet BV, and "client" or "customer" refers to the potential buyer of goods, services and/or products. 1.2 These general terms and conditions apply to all legal acts of Marine-Outlet BV, as well as to all agreements concluded between Marine-Outlet BV and the client, regardless of the place of residence or establishment of the parties involved, and regardless of the place where the agreement was concluded or is to be performed. 1.3 Deviations from these general terms and conditions are only valid if expressly agreed in writing. 1.4 Terms and conditions of the client only apply if and to the extent that written agreement has been reached with Marine-Outlet BV on this matter. 1.5 By placing an order through our online shop www.marine-outlet.nl, you indicate that you agree to the delivery and payment terms. Marine-Outlet BV has the right to amend its delivery and/or payment terms after the term has expired. We cannot accept liability for the consequences of typographical errors.

2. Requesting Terms

2.1 These terms of delivery of Marine-Outlet BV are also available on request from Marine-Outlet BV in Hardenberg, and can also be downloaded via www.marine-outlet.nl. Nothing on this site may be used by third parties without the permission of Marine-Outlet BV.

3. Offer

3.1 The products offered are depicted as clearly and truthfully as possible by means of digital photos and clear product descriptions, including, among other things, length, color and material type. 3.2 Although Marine-Outlet BV will exercise due care in formulating its offers, including price lists and other information that may (come to) indicate any (upcoming) legal relationship between Marine-Outlet BV and the other party, the client can never derive any legitimate expectation regarding the accuracy of the information contained therein, unless expressly agreed otherwise in writing. For the products offered, it is clearly stated what the customer owes upon purchase and what their rights and obligations are if they accept the offer. 3.3 All images, drawings, and data regarding weights, dimensions, colors, etc. are approximate only. Deviations from reality cannot give rise to compensation and/or dissolution of the agreement. 3.4 The offer of products by Marine-Outlet BV is, for the time being, exclusively aimed at retail sales to private individuals.

4. Acceptance of Orders

4.1 Regardless of the payment method chosen by the customer when placing the order, Marine-Outlet BV reserves the right not to execute orders or to execute them at a later time. For products specially ordered for customers, Marine-Outlet BV is entitled to have the customer pay an amount in advance. 4.2 Products that Marine-Outlet BV has in stock are generally shipped the same or the following business day. If products are not in stock, they will be shipped within 3 to 5 business days, provided they are in stock at suppliers. If there are products with an exceptionally long delivery time or that are sold out, Marine-Outlet BV will inform the customer of this as soon as possible by email.

5. Right of Inspection (Cooling-off Period)

5.1 A cooling-off period of 14 days applies to all offers from Marine-Outlet BV. 5.2 During the cooling-off period, the products offered may be assessed for quality and finish. 5.3 The cooling-off period also means that the customer is entitled to return products assessed within the cooling-off period. Returned products may not be worn, used or damaged. The customer must also comply with all conditions for return shipment. The costs of the return shipment are borne by the customer. If a product is returned damaged or used, Marine-Outlet BV is entitled to deduct these costs from the credit. 5.4 Custom-made products and/or products made to customer specification, order, length or size, such as hoses, cables, ropes and other custom-ordered or custom-made products, are excluded from the right of return.

6. Conditions for Returns

6.1 Before returning the product, the customer must at all times contact Marine-Outlet BV, either in writing, by email, or by completing the return form within the 14-day cooling-off period. 6.2 Marine-Outlet BV has the right to refuse returns without a completed return form, invoice or packing slip, as these cannot be traced back to the customer. 6.3 Returns must be sent in their original packaging, undamaged and sufficiently stamped, within the 14-day cooling-off period. The customer is themselves liable for the return shipment. The shipping risk lies with the sender. Marine-Outlet BV is therefore not liable for lost orders that customers have sent to us themselves. 6.4 The cooling-off period begins on the day the product is delivered by TNT Post (NL), UPS or De Post (BE). If the package is delivered by TNT Post (NL), UPS or De Post (BE), delivery is assumed to have taken place on the business day following the date stated on the invoice. 6.5 The burden of proof that the customer made timely use of their right to return within the cooling-off period lies with the customer. In this regard, Marine-Outlet BV accepts a postal item stamped by TNT Post (NL), UPS or De Post (BE), proof of postage, or a similar document. 6.6 The conditions for return shipment are stated before placing an order with Marine-Outlet BV. The customer can only place an order after having agreed to the general terms and conditions of delivery of Marine-Outlet BV. Marine-Outlet BV is not liable for failure to read these terms despite having checked the box for agreement. 6.7 Goodwill. In some cases, we may extend goodwill when it comes to returns outside the return period. However, Marine-Outlet BV reserves the right not to credit the shipping costs incurred by Marine-Outlet BV for the order when a credit is issued outside the return period. In that case, only the product price will be credited.

7. Formation of the Purchase Agreement

7.1 If the products offered are not returned to Marine-Outlet BV in the manner specified within the cooling-off period, the purchase agreement is deemed to have been concluded on the day following the expiration of the 14-day cooling-off period. If the cooling-off period is excluded in accordance with Article 5.2, the purchase agreement is deemed to have been concluded on the day following the date stated on the invoice.

8. Delivery

8.1 Delivery takes place according to the payment method chosen by the customer. If the customer has chosen to transfer payment in advance to our bank account, the normal order and ordering process begins as soon as payment has been received by us (taking into account the delivery conditions of TNT Post (NL), UPS or De Post (BE)). 8.2 If an order is shipped via TNT Post (NL), UPS or De Post (BE), these costs are charged as part of the total delivery costs. The applicable delivery costs are stated on our website. These costs include preparing, packaging, checking, transporting and delivering your order. Returned products will be refunded to the customer's bank account in accordance with Article 6, Conditions for Returns, excluding shipping costs. 8.3 Products offered remain the property of Marine-Outlet BV until the full outstanding amount for these goods has been paid by the customer. 8.4 The delivery time stated by Marine-Outlet BV can never be regarded as a strict deadline. Exceeding the delivery time can never lead to compensation or any other action against Marine-Outlet BV, unless otherwise agreed in writing or in the event of intent or gross negligence on the part of Marine-Outlet BV. 8.5 Marine-Outlet BV reserves the right to deliver and invoice ordered goods in partial shipments. 8.6 If the client fails to provide the necessary cooperation for the fulfillment of the obligation by Marine-Outlet BV, or if any other obstacle arises on their part, Marine-Outlet BV is entitled, within 8 days after the client has been given notice of default, to dissolve the agreement or consider it dissolved, without judicial intervention being required, and without prejudice to Marine-Outlet BV's right to claim compensation from the client for losses suffered and/or lost profits. In addition, as long as the hindrance to performance caused by the client persists, the client cannot demand performance from Marine-Outlet BV, while Marine-Outlet BV is entitled to demand compensation from the client for reasonably incurred costs arising from the conduct or negligence of the client described in this article. 8.7 Force majeure is understood to mean a shortcoming that cannot be attributed to Marine-Outlet BV because it is not due to its fault, nor is it accountable for it by law, legal act, or generally accepted standards, including the case where Marine-Outlet BV is unable to perform its services due to an (attributable) shortcoming or negligence of third parties. Force majeure further includes: business disruption or interruption of any kind, however arising. Delayed or late delivery by one or more suppliers of Marine-Outlet BV. Transport difficulties or obstacles of any kind, whereby transport to Marine-Outlet BV or from Marine-Outlet BV to the client is hindered or obstructed. 8.8 During the period of force majeure, the obligations of Marine-Outlet BV are suspended. If the suspension period lasts longer than 30 days, both parties are entitled to dissolve the agreement in whole or in part, without any obligation to pay compensation arising in that case. 8.9 If Marine-Outlet BV can partially fulfill its obligations upon the occurrence of force majeure, Marine-Outlet BV is entitled to invoice separately for the part already delivered or performed, or the part that can be delivered or performed, and the client is obliged to pay this invoice as if it were a separate agreement.

9. Transport Risk

9.1 Marine-Outlet BV is not responsible for the loss of orders shipped via PostNL, UPS, DHL, DPD or De Post (BE/DE) or any other carrier. Placing an order means accepting the carrier chosen by us (PostNL in almost all cases) and thereby also accepting the terms of the relevant carrier. Loss of a shipment after it has demonstrably been handed over by Marine-Outlet BV to the relevant carrier is always at the customer's risk. After the products have been delivered to and received by the customer, the risk of damage and loss transfers to the customer.

10. Warranty

10.1 Marine-Outlet BV guarantees the soundness and/or usability of the products it delivers, according to the specifications offered, as well as their compliance with the statutory provisions and/or government regulations in force at the date the agreement was concluded. The date stated on the invoice serves as the start date for Marine-Outlet BV's warranty period. This is 1 year/365 days, or the duration prescribed by Dutch law for the relevant products. Clothing and footwear are excluded from this. For these, we provide the legally required warranty period. 10.2 Marine-Outlet BV applies a "carry-in" warranty principle. This means the customer is responsible for sending in the purchased product(s) for which a warranty claim is made. The costs of sending it in are borne by the customer. The costs of repair/replacement in the case of a valid warranty claim, and the costs of returning the product to the original shipping address (provided within the EU), are borne by Marine-Outlet BV. In order to assess the validity of a warranty complaint, the product must always be physically returned to Marine-Outlet BV. 10.3 If the customer claims warranty on a product(s) and, after investigation, it turns out that the product functions normally, and the warranty complaint is therefore found to be unfounded, Marine-Outlet BV reserves the right to charge the customer both the costs of the return shipment (€7.95 incl. VAT) and the labor costs. 10.4 Any defect in a purchased product that arises during normal and proper use in accordance with the product's intended purpose will, upon the customer's written request within the warranty period, be repaired or replaced free of charge by Marine-Outlet BV where possible; if products are no longer available, Marine-Outlet BV is entitled to offer a similar product as a replacement. If the customer is rightfully entitled to a replacement, Marine-Outlet BV is entitled, at its own discretion, to choose instead to refund the purchase price excluding delivery costs. 10.5 The warranty period provided by Marine-Outlet BV lapses in the event of normal wear and tear, or if the damage or defect is evidently the result of:

Negligent maintenance, intent or gross negligence, breaking the warranty seal, if applicable.
Improper use or use for purposes other than those for which the product is intended.
Damage to products caused by showering, swimming, eau de toilette, eau de parfum, body lotions, body sprays or any other form of substance and/or water that may damage the purchased products.
Overheating from heat sources, exposing the products to any form of moisture, extreme heat, cold or dryness.
Alterations already made by the customer or by third parties.
If the customer fails to fulfill their obligations. 10.6 No warranty is given on discoloration or minor deviations. Marine-Outlet BV is also not liable for the incorrect or inaccurate display of color settings due to the screen resolution of the customer's display. 10.7 In the case of visible defects, the customer must return the product within the cooling-off period, stating the defect, in accordance with Article 6.1, Conditions for Returns. 10.8 In the case of hidden defects, or visible defects discovered after the cooling-off period, or complaints about repair work performed, each complaint must be submitted within two months of the customer discovering the defect. The complaint must include a description of the grievances and/or defects found and can be submitted electronically (email) or in writing. If the customer does not request repair or replacement in writing, Marine-Outlet BV will decide whether the product will be repaired or replaced. For products that the customer sends in on their own initiative, Marine-Outlet BV is in this case not liable for damage occurring during transport. 10.9 Marine-Outlet BV is not liable for damage suffered by the customer or a third party due to the use of a product delivered by Marine-Outlet BV, unless the customer proves that the damage was caused by intent or gross negligence on the part of Marine-Outlet BV. 10.10 (In)direct costs or damage to the customer or a third party, caused by a defective product being out of use, are not eligible for compensation, unless the customer proves that the costs or damage arose from intent or gross negligence on the part of Marine-Outlet BV. 10.11 An estimate of costs will be prepared in advance for repairs carried out after the warranty period.

11. Payment

11.1 If the customer has chosen advance bank transfer when placing the order, the ordered products must be paid for within 14 days into our bank account. After receiving this payment, the customer will receive an email confirming payment, and Marine-Outlet BV will start the normal delivery process. 11.2 All prices for the products offered are (unless otherwise stated) in euros, inclusive of VAT and other government-imposed levies. Delivery costs are excluded, unless explicitly stated otherwise (possibly per product, as part of a promotion). 11.3 Marine-Outlet BV reserves the right to change its prices and rates. In this case, the customer is entitled to cancel an order or dissolve the agreement with immediate effect within 7 days of Marine-Outlet BV's notification. 11.4 If, during the term of the agreement, a change occurs in Marine-Outlet BV's costs as a result of any provision in a collective labor agreement, law, decision or ruling by (semi-)government authorities (including foreign governments) of a mandatory legal nature, or if, outside Marine-Outlet BV's sphere of influence, cost-increasing circumstances arise such that Marine-Outlet BV cannot reasonably be expected to maintain the agreed price, the client hereby already agrees to a price change, which will be communicated to the client by Marine-Outlet BV by reference to objective criteria. 11.5 If the customer, after having been given notice of default, remains in default of payment, the outstanding balance will be increased with extrajudicial costs, set at 15% of the outstanding balance, as well as an amount of €25 in administrative costs. Interest will also be charged from the date of the reminder until the amount owed has been paid in full. In addition, Marine-Outlet BV may charge reminder costs for each reminder sent. 11.6 In addition, all (extra)judicial costs related to both amicable and judicial collection are fully borne by the customer.

12. Personal Data Registration/Privacy Statement

12.1 By placing an order in our online shop www.nauticgear.nl, data is processed in Marine-Outlet BV's customer file. All data you provide to us is stored by Marine-Outlet BV and processed in its own file for business operations and sales purposes, such as order processing and customer management, as well as sending our own offers. This also applies to people who sign up for our newsletter. 12.2 Upon written request from the customer, the stored personal data will be made available for inspection upon payment of the associated costs. Any corrections communicated by the customer will be processed in the registration, unless the corrections prove to be incorrect. 12.3 Customers who have created an account with Marine-Outlet BV are themselves entitled to change, supplement or delete their own personal data. 12.4 The processing of the customer's personal data will take place in accordance with applicable laws and regulations. 12.5 If you do not wish to receive advertising by mail or email, the customer can inform us of this via the link found at the bottom of every newsletter, or indicate this in their own account. 12.6 Under no circumstances, and never outside the purpose of its processing, will Marine-Outlet BV provide data to third parties in a way that could compromise the customer's privacy.

13. Other Provisions

13.1 Marine-Outlet BV can never accept liability for the consequences of typing, printing and/or programming, pricing or program errors in mailings by post, email or via our website. 13.2 By placing an order, each customer declares their unconditional agreement with all terms of sale as stated in this document. 13.4 These terms of sale are exclusively governed by Dutch law. 13.5 The Dutch "distance selling" law applies to the general terms and conditions of Marine-Outlet BV.

General terms & conditions