General Terms and Conditions

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Costs in the event of withdrawal

Article   8 - Exclusion of the right of withdrawal

Article   9 - The price

Article 10 - Compliance and warranty

Article 11 - Delivery and execution

Article 12 - Continuing transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Reflection periodthe period within which the consumer may exercise his right of withdrawal;
  2. ConsumerThe natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transactionmeans a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  5. Durable data carriermeans any means that enables the consumer or the entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model formThe model form for withdrawal which the trader makes available for a consumer to fill in when he wishes to make use of his right of withdrawal. 
  8. Entrepreneurmeans the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contractAgreement" means an agreement whereby, within the framework of a system organised by the Entrepreneur for the distance selling of products and/or services, up to and including the moment that the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
  10. Technology for remote communicationmeans that can be used for concluding an agreement, without the consumer and the entrepreneur being together in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Sealife Benelux BV
Nijverheidsstraat 6G/Red
3142LM Maassluis
Netherlands

Phone Number: +31 (0)10-5910388
Reachable from Monday to Friday between 9:00 and 17:30

E-mail address: info@sealifebenelux.nl

Chamber of Commerce number: 55626386

Btw-identificatienummer: NL851791992B01

Article 3 - Applicability 

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the consumer.
  2. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  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 by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
  6. Situations not regulated by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 - The offer

  1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  5. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to 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
    special:
    • the price including taxes;
    • any costs of shipment;
    • the way in which the agreement will be brought about and what actions are required for this;
    • the applicability or otherwise of the right of withdrawal;
    • the method of payment, delivery and execution of the agreement;
    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
    • any other languages besides Dutch in which the agreement may be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

  1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
  4. The entrepreneur can - within legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  5. The entrepreneur will include the following information 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:

a. the visiting address of the establishment of the entrepreneur where the consumer can go for complaints;

b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales services;

d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;

e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

  1. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
  2. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
  2. During the cooling-off period, the consumer will treat the product and its packaging with care. He will 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 with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
  3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as e-mail. After the consumer has made known that he/she wishes to make use of his/her right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, for example by means of a proof of sending.
  4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made known his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact. 

In case of provision of services:

  1. When providing services, the consumer has the option of dissolving the contract without giving reasons for a period of at least 14 days starting on the day of entering into the contract.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal 

  1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition for this is that the product has already been received by the merchant or that conclusive proof of the return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law regarding the right of withdrawal; this must be done prior to conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: 

a. that have been realised by the entrepreneur according to the specifications of the consumer;

b. that are clearly personal in nature;

c. which cannot be returned due to their nature;

d. are liable to deteriorate or expire rapidly;

e. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

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

a. concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;

b. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;

c. on betting and lotteries.

Article 9 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer. 
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: 

a. they are the result of statutory regulations or provisions; or

b. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

  1. The prices mentioned in the offer of products or services include VAT.
  2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price. 

Article 10 - Compliance and Warranty

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the contract.
  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
  4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the trader 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 guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used. 
  • The item was purchased 2 years ago or more.
  • More than 100 dives have been made with it. 
  • The guarantee certificate and the original purchase invoice (not a copy) are not enclosed with any guarantee claim.
  • The guarantee card has not been filled in completely or truthfully.
  • The guarantee certificate has been changed.
  • The item is no longer in the possession of the first owner.
  • The user has not adhered to the instructions and/or warranty conditions as described in the manual and user instructions.
  • Brands or numbers have been changed.       
  • Incompetent and/or unprofessional use is involved.
  • The article is exposed to abnormal pressure.
  • Damage caused by batteries, e.g. running down. 
  • Damage is caused by external influences, such as shocks or bumps, meteorological influences and/or other natural phenomena.
  • The article has not been imported by Sealife Benelux.
  • Incorrect use of batteries can easily cause them to malfunction and is therefore excluded from warranty. For more information on the correct use of batteries, please refer to the user manual or contact your place of purchase. 
  • Sealife Benelux is not liable for consequential damages to equipment due to leakage of the housing.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address which the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. 
  4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In case 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 at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

  1. The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
  2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:
  • at any time and shall not be limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by him;
  • Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension

  1. A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  1. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
  2. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
  3. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  3. If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has given the consumer a period of 7 days to meet his payment obligations, still owe the statutory interest on the amount owing after the payment has not been made within this 7-day period and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The proprietor may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur in a complete and clearly defined way within two months after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. Also it is possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the Entrepreneur's obligations, unless the Entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention shall not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate 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 the consumer can store them in an accessible manner on a long-term data carrier.

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