GENERAL TERMS AND CONDITIONS
Issued, May 2024
These terms and conditions describe the conditions under which we supply the products listed on Scheepsstudio.nl and the webshops Shipsclockshop.com, Scheepsklokkenwinkel.nl, and Scheepsservieswinkel.nl.
Before ordering products via our website or directly via email, we ask that you read the general terms and conditions carefully. These terms describe who we are, how the products will be delivered to you, how we may terminate the contract with you, what to do if there is a problem, and other important information. You must agree to these terms and conditions before ordering one or more products through our website, webshops, or directly via email.
You agree to the general terms and conditions by using any of our services, regardless of how or why you subscribe. You may not use or subscribe to our services if you do not agree to the terms and conditions.
These terms apply to you, the user who accesses the website/webshop and its content, as well as to the use of the services offered through this website.
These General Terms and Conditions have been prepared by Scheepsstudio VOF and are commercially applicable to Scheepsstudio and the webshops Shipsclockshop.com, Scheepsklokkenwinkel.nl, and Scheepsservieswinkel.nl.
Purchasing any of the products implies full acceptance of each of the stated General Terms and Conditions. These General Terms and Conditions may be changed without prior notice. Therefore, it is advisable to read their content carefully before purchasing the offered products.
These General Terms and Conditions have been prepared by Scheepsstudio VOF and apply to the Scheepsklokkenwinkel.nl webshop.
Purchasing any of the products means full and complete approval of each of the indicated General Terms and Conditions. These General Terms and Conditions may be changed without prior notice. Therefore, it is advisable to read their content carefully before purchasing the offered products.
Article 1. Introduction and Naming
The websites Shipsclockshop.com, Scheepsklokkenwinkel.nl, and Scheepsservieswinkel.nl are internet-based content and e-commerce portals managed by Scheepsstudio.nl, a company established under Dutch law.
You agree to accept all terms, conditions, and notices that may be posted on this website. Scheepsstudio reserves the right, at its sole discretion, to refuse a user's registration.
Article 1. Naming
a. Company Identity
• Company name: Scheepsstudio
• Trade names: Scheepsstudio, Shipsclockshop.com, Scheepsklokkenwinkel.nl, Scheepsservieswinkel.nl
• VAT number: 823535784B01
• Aalsmeer, the Netherlands
• Correspondence email address: info@scheepsstudio.nl
• Registered with the Chamber of Commerce under number 59525509
b. Password and Security of User Account After completing 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 be immediately informed of any unauthorized use or security breach of your password. You agree to log out of your account at the end of each session. Scheepsstudio is not responsible for any loss or damage resulting from non-compliance with this article.
c. Services Available Scheepsstudio offers a range of internet-based services through the website. With one of these services, users can purchase original merchandise such as ship clocks, meteorological and navigation instruments. Fees are also charged for shipping the product to your address.
Article 2. Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room;
5. Cooling-off 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 renounce the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard 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 that is personally addressed to them 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 of 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 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 will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
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 applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4. The Offer
1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true 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 the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery, or execution of the agreement;
• the term for acceptance of the offer or the term within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the basic rate;
• whether the agreement after the conclusion is archived, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, restore the data provided by him in the context of the agreement before the conclusion of the agreement;
• any other languages in which, besides Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5. The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with the product or service: a. the email and address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on existing after-sales services and guarantees; d. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these to the consumer before the execution of the agreement; 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 committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of Withdrawal for Product Delivery
1. When purchasing products, the consumer has the option to terminate the contract without stating any reasons within fourteen days. This period commences on the day following receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of 14 days from the day of delivery without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot obligate them to state their reason(s).
4. The cooling-off period referred to in paragraph 1 commences the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they clearly inform the consumer of this prior to the ordering process. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the last shipment or the last part; c. in the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, receives the first product.
Article 6b - Consumer Obligations During the Cooling-off Period
1. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would in a store.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.
Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, the maximum cost for returning the product will be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 7 days after the return or withdrawal.
Article 8 - Exclusion of Right of Withdrawal
1. If the consumer has ordered a product that has been manufactured according to the consumer’s specifications (custom-made, personalized), the consumer cannot invoke the right of withdrawal.
Article 9 - The Price
1. During the validity period indicated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the provisions of 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, at variable prices. This susceptibility to fluctuations and the fact that any prices stated are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a) they result from statutory regulations or provisions; or b) the consumer has the right to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT. For countries outside Europe, the prices listed are exclusive of VAT.
6. Prices listed on the webshops: shipsclockshop.com, scheepsservieswinkel.nl, and scheepsklokkenwinkel.nl are binding.
7. Import costs for countries outside Europe are the responsibility of the buyer. These costs are charged by the carrier.
Article 10 - Conformity and Warranty
1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. Any arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert regarding a failure to fulfill the obligations of the entrepreneur based on the law and/or the distance agreement.
3. A 2-year warranty on ship clocks, barometers, chronometers, comfort meters, and compasses is provided by the respective manufacturer. The manufacturer's warranty covers damage and defects not caused by external influences or improper handling; these defects include issues related to the functionality of the clock or the casing.
Article 11 - Delivery and Execution
1. The entrepreneur will take the utmost care when receiving and executing orders for products 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 regard to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than one month after placing the order. In such cases, the consumer has the right to terminate the agreement without any cost and is entitled to any compensation.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest, upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement items, 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 expressly agreed otherwise.
Article 12 - Long-term Transactions
1. The consumer can terminate an agreement that has been entered into for an indefinite period at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance agreement will be extended tacitly in the event of the consumer’s silence, the agreement will be continued as an agreement for an indefinite period, and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
1. Unless otherwise agreed later, amounts owed by the consumer must be paid directly at the time of purchase via Ideal, credit card (Mastercard/VISA, American Express), bank transfer, or Klarna.
2. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur immediately.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for reasonable costs that were made known to the consumer in advance.
Article 14 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution 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 will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions must 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 Behavior & Regulations
1. Privacy Policy
The user agrees to and expresses their understanding of Scheepsstudio's privacy policy. The user also agrees to the terms, conditions, and content of the privacy policy.
2. Limited User
The user agrees not to modify, reverse-engineer, copy, transmit, distribute, perform, reproduce, publish, license, or create derivative works from the information downloaded from the website. Scheepsstudio has granted permission for limited reproduction and copying from the website. The website prohibits unlimited reproduction, large-scale copying, unfounded modifications, or data.
3. User Behavior and 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 commit that you will not use the service for any purpose other than:
- Threatening to violate the legal rights of others;
- Uploading, distributing, and spreading offensive, blasphemous, or indecent subject names, material, information, or other material.
- Uploading files containing software or other material protected by intellectual property laws, unless permission is granted.
- Uploading and distributing files that contain viruses, malware, or other software that may damage the website or other people's computers.
- Sending or forwarding surveys, contests, pyramid schemes, or chain letters.
- Downloading any file uploaded by another user of a service.
- Falsifying, removing, or omitting author attributions or legal notices or proprietary labels, origin labels, source software, or material labels in an uploaded file.
- Violating any codes or guidelines applicable to a specific service.
- Violating any laws or regulations in the Netherlands or elsewhere.
- These terms and any other applicable terms of use for the website are not allowed.
- User Warranty and Representation: You warrant, guarantee, and affirm that the submitted content is yours and that you have the authority to use it. Scheepsstudio has no pending or threatened litigation or proceedings regarding any content, including trademarks and trade names, service marks, or copyrights.
Article 17 - Intellectual Property Rights
1. Scheepsstudio owns all intellectual property rights on the website. This includes all rights, titles, and interests in, as well as copyrights, neighboring rights, patents, utility models, trademarks, and trade names. Goodwill, source code, meta tags, databases, text, content, and hyperlinks. Scheepsstudio grants you permission not to reproduce, distribute, or copy the content of the website.
2. You are responsible for all content you upload to or provide to a service, notwithstanding the above. All text, data, and information, as well as images, photos, sounds, and videos that you upload, transmit, or store through our various services, are your responsibility. External users may view and reproduce the content of product customizations.
3. Scheepsstudio may link to other websites from its website ("Linked Sites"). Scheepsstudio has no control over the content of any linked website. This includes any link within a linked site or any changes or updates to a linked site. Scheepsstudio is not responsible for any transmissions from any linked site. These links are provided for your convenience by Scheepsstudio. Users must verify the accuracy of all information before relying on it.
Article 18 - Exclusion 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 arising from: (a) the use of the services; (b) unauthorized access to or alteration of user transmissions or data; (c) any other matter relating to the services, such as damages for data loss or profit, or any matter related to the website or service.
2. Scheepsstudio is not responsible for any inability or delay in using the website or related services, including the provision or failure to provide services. Scheepsstudio is not responsible for the information, software, products, or services found on the website. Scheepsstudio is not responsible if access to the website is unexpectedly unavailable or suspended due to technical problems or any other cause beyond Scheepsstudio's control. All material you download or obtain from the website is at your own risk. You are also responsible for data loss or damage to your computers resulting from downloading such material.
3. Scheepsstudio is not responsible for any damage, claims, costs, or expenses arising from a breach of these Terms.
Article 19 - Applicable Law
These terms are governed by and construed in accordance with the laws of the Netherlands. The Netherlands has exclusive jurisdiction over any conflicting legal principles or resulting disputes.