Terms & Conditions

Article 1 - Definitions

In these terms and conditions shall apply:

  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  • Durable data carrier: any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Model form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when he wants to make use of his right of withdrawal;
  • Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale 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;
  • Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
  • Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Smart Trading and Sales, trading under Smartmarine
Weegschaalstraat 3, 5632 CW in Eindhoven
Telephone: +31 40 3690310 (working days from 9.00:12.00 to XNUMX:XNUMX)
E-mail address: info@smartmarine. Nl
Chamber of Commerce: 80752780
VAT identification number: NL 861787018B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.

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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.

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 accordingly and the consumer can always invoke the provision that is most favourable to him in the event of conflicting general terms and conditions.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.

6. Situations not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.

7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is free of charge. The entrepreneur is entitled to change and modify the offer.

3. 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

6. 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 shipping costs;
  • The manner in which the agreement will be established and what action is required for this purpose;
  • Whether or not it applies to the right of withdrawal;
  • The manner of payment, delivery and execution of the agreement;
  • The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
  • whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
  • the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
  • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
  • The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
  • The minimum duration of the remote agreement in case of a long-term transaction.

Article 5 - The Agreement

1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.

2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can - within the legal framework - inquire 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
  • The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
  • The information about guarantees and existing post-purchase service;
  • The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
  • The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.

6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.

7. Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

4. If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.

On delivery of services:

5. Upon delivery of services, the consumer has the opportunity to dissolve the agreement without notice for reasons for at least 14 days, starting on the date of entering into the agreement.

6. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Cost in case of revocation

1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for a different payment method.

3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.

4. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, as required before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

  • which have been created by the supplier to the consumer's specifications;
  • that are clearly personal in nature;
  • that can not be returned due to their nature;
  • that spoil or become obsolete;
  • whose price depends on fluctuations in the financial market over which the trader has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • For hygienic products whose consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

  • Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
  • Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
  • Regarding bets and lotteries.

Article 9 - The price

1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.

3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.

4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:

  • they are the result of legislation or regulations; whether
  • The consumer has the power to cancel the agreement as of the date of the price increase.

5. The prices include VAT mentioned in the supply of products or services.

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.

4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur 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:

  • The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
  • The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has notified to the company.

3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.

4. All delivery terms are indicative. The stipulated time limits can not be deducted from the consumer. Exceeding a term does not entitle the consumer to damages.

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

6. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.

7. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination and Extension

Termination

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.

2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than one month.

3. Consumers can the agreements mentioned in the preceding paragraphs:

  • Terminate at all times and not be restricted to termination at a particular time or in a certain period;
  • At least terminate in the same manner as they have been incurred by him;
  • Always terminate with the same notice period as the entrepreneur has undertaken for himself.

Extension

4. A fixed-term agreement, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.

5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.

6. An agreement entered into for a certain period of time and which involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be continued and will end automatically after the trial or introductory period.

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term referred to in Article 6 member 1. In the event of an agreement to provide a service, this period will commence after the consumer has received the confirmation of the agreement.

2. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In the event of complaints, a consumer must first contact the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

2. The Vienna Sale Convention does not apply.

Article 16 - Additional or derogatory provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner