Terms and conditions Windfoilen Netherlands
Identity of entrepreneurship
Windfoilen Netherlands, Gooimeerdijk West, Surfstrand Haven No 2, 1353 CT Almere Haven
Phone number: 06-12138112,
KvK number: 32137752
Vat identification number: NL001754147B82
Terms and conditions – (webshop) sales
Article 1 – Definitions
These conditions mean:
- Additional agreement:an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer:the natural person who does not act for purposes related to his commercial, business, crafts or professional activity;
- Day: calendar day;
- Digital content: digital data produced and delivered in digital form;
- Duration agreement: an agreement extending to the regular delivery of business, services and/or digital content over a certain period of time;
- Sustainable data carrier: any tool – including included e-mail – that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that is future consultation or use over a period tailored to the goal for which the information is intended and which allows unchanged reproduction of the stored information;
- Revocation right:the consumer’s ability to waive the agreement remotely within the cooling-off period;
- Entrepreneur:the natural or legal person offering products, (access to) digital content and/or remote services to consumers;
- Distance Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for distance sales of products, digital content and/or services, using one or more remote communication techniques until the conclusion of the agreement;
- Draft form for withdrawal:the European draft form for withdrawal set out in Annex I to these conditions. Annex I does not need to be made available if the consumer does not have a right to withdraw from his order;
- Remote communication technique:means that can be used to conclude an agreement, without the need for consumers and entrepreneur to have gathered simultaneously in the same space.
Article 2 – Applicability
- These general terms and conditions apply to any offer from the entrepreneur and to each agreement concluded remotely between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the contract is concluded remotely, how the general terms and conditions can be seen with the entrepreneur and that, at the request of the consumer, they are free of charge as soon as possible be forwarded.
- Where the contract is concluded electronically, by way of derogation from the previous paragraph and before the contract is concluded remotely, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.
- In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third members shall apply mutatis mutandis and the consumer may always rely on conflicting conditions the applicable provision that is most favourable to him.
Article 3 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are connected with the acceptance of the offer.
Article 4 – The agreement
- The agreement shall, subject to paragraph 4, be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
- If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
- The entrepreneur may inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entry into account of the contract remotely. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to commit special conditions to the execution.
- The entrepreneur shall, at the latest, when the product, service or digital content is delivered to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier, most important:
- the visiting address of the establishment of the entrepreneur where the consumer can contact complaints;
- the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal are excluded from the right of withdrawal;
- information on warranties and existing after-purchase service;
- The price including all taxes of the product, service or digital content; Where applicable, the cost of delivery; And the method of payment, delivery or performance of the distance contract;
- the requirements for denunciation of the agreement if the agreement is more than one year or indefinite;
- If the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.
Article 5 – Right of withdrawal
- Consumers may terminate an agreement relating to the purchase of a product for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but do not oblige them to give up his reason(s).
- The cooling-off period referred to in paragraph 1 shall enter the day after the consumer, or a third party designated in advance by the consumer, which is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
- if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or component designated by him;
Article 6 – Consumer obligations during the cooling-off period
- During the cooling-off period the consumer will handle the product and the packaging carefully. It will only unpack the product to determine the characteristics and operation of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.
- The consumer is only liable for impairment of the product resulting from a way of dealing with the product that goes beyond permitted in paragraph 1.
- The consumer shall not be liable for impairment of the product if the entrepreneur has not provided him with any legally required information on the right to withdraw before or when concluding the agreement.
Article 7 – Exercise of the right of withdrawal by the consumer and its costs
- If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the period of time by means of the contact form or otherwise unambiguously.
- As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to take the product himself. In any case, the consumer has complied with the return period if he sends the product back before the cooling-off period has expired.
- The consumer shall return the product with all the accessories delivered, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product, unless the entrepreneur indicates that they bear the costs themselves, the consumer does not have to bear the costs of return.
- If the consumer reclaims after first expressly requesting that the operation of the service not prepared for sale commences in a limited volume or quantity during the cooling-off period, the consumer is the trader an amount proportionate to that part of the undertaking honoured by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the undertaking.
- Consumers shall not bear any costs for the performance of services, which have not been prepared for sale in a limited volume or quantity, if:
- the trader has not provided the consumer with the legally required information on the right to withdraw, the cost allowance upon withdrawal or the withdrawal model form, or;
- the consumer did not expressly request the commencement of the implementation of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- Consumers shall not bear costs for the full or partial delivery of digital content not delivered on a material carrier, if:
- prior to its delivery, he did not expressly agree to the start of the conclusion of the agreement before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal in granting his consent; Or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer uses their right of withdrawal, all additional agreements will be terminated by law.
Article 8 – Obligations of the entrepreneur in the case of withdrawal
- If the entrepreneur makes the notification of revocation by the consumer electronically possible, he shall immediately send a receipt upon receipt of this notification.
- The entrepreneur shall reimburse all consumer payments, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days of the day when the consumer reports him the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, according to which time falls earlier.
- The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 9 – Exclusion of revocation right
The entrepreneur may exclude the following products and services from the right to withdraw, but only if the entrepreneur has stated this clearly in the offer, at least in time before the conclusion of the agreement:
- Products or services whose price is tied to fluctuations in the financial market in which the entrepreneur has no influence and which may occur within the withdrawal period;
- Services agreements, after full implementation of the service, but only if:
- implementation has begun with the express prior consent of the consumer; And
- the consumer has stated that he loses his right to withdrawal once the entrepreneur has fully implemented the contract;
- Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- The delivery of digital content other than on a material carrier, but only if:
- implementation has begun with the express prior consent of the consumer; And
- the consumer has stated that it will lose his right to withdraw.
Article 10 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and which the entrepreneur does not affect, with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal arrangements or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed and:
- resulting from legal arrangements or provisions; Or
- the consumer has the power to terminate the agreement from the day on which the price increase starts.
- The prices mentioned in the range of products or services include VAT.
Article 11 – Compliance agreement and additional guarantee
- The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government rules existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims which the consumer may assert against the entrepreneur on the basis of the contract if the entrepreneur is failed in the fulfilment of his part of the agreement.
- Additional guarantee means any commitment of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in case he is The fulfilment of its part of the agreement.
Article 12 – Delivery and execution
- The entrepreneur will take the utmost care when receiving and in the execution of orders of products and when assessing requests for the provision of services.
- As a place of delivery, the address that the consumer has made known to the entrepreneur applies.
- Taking into account what is mentioned in Article 4 of these terms and conditions, the trader will carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without charge and to be entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless expressly agreed otherwise.
Article 13 – Payment
- To the extent that no other is provided in the agreement or additional conditions, the amounts due by the consumer shall be met within 14 days of entering the period of reference, or in the absence of a period of reference within 14 days of the conclude the agreement. In the event of an agreement to grant a service, this period shall begin on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, consumers may never be required to prepay more than 50 on general terms. Where prepayment has been agreed, the consumer cannot assert any justice in respect of the execution of the order or service(s) concerned before the prepayment has been negotiated.
- The consumer has a duty to report inaccuracies in payment data provided or mentioned without delay to the entrepreneur.
- If the consumer does not meet his obligation to pay in time(s), it shall be, after being pointed out by the entrepreneur, the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations after the absence of payment within this 14-day period, the statutory interest due and the entrepreneur is entitled to charge the out-of-court debt collection costs he incurred. These collection costs are maximum: 15 over outstanding amounts up to € 2,500,=; 10 over the next € 2,500,= and 5 over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from those amounts and percentages for the benefit of the consumer.
Article 14 – Complaints scheme
- The entrepreneur has a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly within a time of the finding of the consumer.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute is created which is open to the dispute settlement.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate only to Dutch law.
- In the case of legal proceedings, the choice in court is decided by Windfoilen Nederland
Terms and conditions participation wind foil lessons
Article 1 Definitions
These conditions mean:
- Windfoilschool: Windfoilen Netherlands based in Almere which offers activities in the implementation of the company.
- Representative: the person acting in the name of Windfoilen Nederland. For example: instructor or trainer.
- Client: the (legal) person with whom the agreement for the execution of the Activity is established. Client can also be a participant himself.
- Participant: the person to the Windfoilen Netherlands activity.
- Activity: the activity organised or offered by Windfoilen The Netherlands. This activity may consist of offering wind foil lessons or other activities to individuals and groups in recreational form and all related to client and activities.
Article 2 Applicability.
- These conditions shall apply to all Activities, tenders and agreements made by or on behalf of Windfoilen the Netherlands, unless derogations are included in the agreement.
- The Client accepts the applicability of these terms by entering into an agreement with Windfoilen Netherlands
- An agreement between The Netherlands will be concluded by signing by the Client of a (online) registration form by Windfoilen Netherlands.
- The Participant also accepts the applicability of these conditions by actually participating in a Windfoilen Netherlands activity
- In the case of the struggle of these conditions with terms and conditions of the Client or Participant, the conditions of Windfoilen Nederland prevail unless Windfoilen Netherlands Client or Participant expressly correspond otherwise in writing.
Article 3 Implementation of the Agreement.
- If the execution of the Activity has been delayed by reasons on the part of the Client or Participant, Windfoilen Netherlands has the right to charge the extra time in proportion to the agreed fee to The Client or the Activity without this Client giving the right to any refund or discount.
- If and to the extent that proper implementation of the agreement requires this, Windfoilen has the Right to have certain (part) Activities carried out by third parties
- Windfoilen Netherlands holds the right to use photographic or other recordings taken during the Activities for promotional purposes. Objections to this must be indicated before the start of the Activity at Windfoilen Nederland or representative.
Article 5 Obligations of Windfoilen Netherlands.
- Windfoilen The Netherlands will carry out the Activity to the best of our understanding and power and in accordance with the requirements of good craftsmanship.
- Windfoilen The Netherlands ensures that the materials used are suitable for the activity offered in nature and are in a good state of maintenance.
- If Activity cannot take place at the last minute or break down due to weather conditions, Windfoilen Netherlands will make an effort to provide an alternative programme based on the possibilities and materials present on the spot.
- Windfoilen Netherlands ensures that she has taken out insurance against Legal Liability.
Article 6 Obligations of the Client and Participant.
- The Client shall ensure that all the data, of which Windfoilen Nederland indicates that they are necessary or whose client should reasonably understand that they are necessary for the execution of the Activity, arrive in good time Wind foiling Netherlands provided.
- On the basis of the data provided by The Client to Windfoilen Nederland, Windfoilen Netherlands can exclude a registered person from participation. Windfoilen Netherlands can decide to do so if participation in the planned Activity does not appear justified on the basis of the data provided.
- If the data required for the implementation of the Activity have not been provided to Windfoilen Nederland in good time, Windfoilen Netherlands has the right to suspend the execution of the Activity and the additional costs resulting from the delay in accordance with charge the usual rates to the Client.
- Participating persons are required to sign a form of participation prior to participation.
- Participant was held during the performance of the Activity to follow all directions in the context of the Windfoilen Netherlands Activity. If Participant does not comply, Windfoilen Netherlands may decide at any time to cease the implementation of the agreement without any right to refund of amounts paid on the client’s side.
- Participant shall be required to use the material made available in a manner to which it is intended under its nature and activity. Participant must report and record any defects upon receipt of the material. Participant may not make any changes to the material or put it into use to third parties without the consent of Windfoilen Nederland. Participant states Windfoilen Netherlands as soon as possible but at the latest at the end of the Activity to be aware of damage or loss of material. Participant will transfer the material made available at the end of the agreement to a Representative of Windfoilen Nederland in the same condition as in which Participant received it and as clean as Possible. Windfoilen Nederland is entitled, if necessary, to charge additional costs for cleaning, search, transport and storage of materials, reports of missing persons and to the Client.
- Serious deficiencies in the implementation of the agreement by the Client or Participant such as improper use of materials made available and/or insufficient competence as a windsurfer give Windfoilen the Netherlands the right to immediately suspend its obligations, in particular repossession of the materials and/or strike of the Activities made available to it. In this case, windfoilen the Netherlands terminatethe agreement by means of an oral statement to the Client or Participant. Windfoilen Netherlands entitled to full compensation for all costs and damage seen by the Client.
- Participant who, as such, causes nuisance or burden that this makes it difficult or complicates the implementation of the Activity, which endangers the safety of themselves or others or who handles the irresponsible manner with the nature and the environment, can be excluded by Windfoilen Netherlands or its Representative of (further) participation in the Activity. All additional costs resulting are borne by the Client.
Article 7 Liability of Windfoilen Netherlands.
- Participation in Activities is at the risk of Participant. Except in the event of intent or gross guilt of Windfoilen Nederland itself, Windfoilen Netherlands is not liable for any form of damage, including consequential damage, which leads Participant as a result of accidents that occur during the arrangements and/or Activities, unless and in so far as exclusion from liability is not legally permitted.
- Windfoilen Netherlands is not liable for damages resulting from: Circumstances that can be attributed to the Participant, such as overestimation of equity, ignoring instructions, inadequate health or condition, a inadequate personal equipment, improper action or non-trading or not having a necessary travel document.
- Windfoilen Netherlands is not liable for damages resulting from: Acts and influences of third parties not directly involved in the implementation of the agreement: circumstances not due to the fault of Windfoilen Nederland and that under Dutch law or the standards in force in social traffic cannot reasonably be attributed to Windfoilen Nederland.
- Windfoilen Netherlands is not liable for damage, of any kind, because Windfoilen Netherlands has assumed incorrect or incomplete data and is aware of the minimum requirements for participating in the Activity.
- The Client and/or Participant is considered to take out appropriate accidents and cancellation insurance. Windfoilen The Netherlands is never liable for damages for which compensation is claimed or is considered to exist on the basis of the preceding sentence, under a travel accident and/or cancellation insurance.
- If Windfoilen Netherlands is liable for the damage suffered from the performance of Activity with the Client, then this liability is limited to a maximum of it in those damages suffered by the windfoilen insurance company, then this liability is limited to the maximum in those damages suffered by the windfoilen insurance company The Netherlands totally pay off.
- Negligence on the part of Participant (e.g. failure to follow directions of Windfoilen Netherlands) or incompleteness by Client or Participant regarding information that Client or Participant should reasonably understand or should have understood that it should have informed Windfoilen The Netherlands prior to the implementation of the agreement, excludes any form of liability of Windfoilen Nederland.
- Windfoilen The Netherlands are in no way held liable or held liable by the Netherlands by the Client or Participant for damages to personal matters or their loss. This article also applies to damage or loss of personal matters of third parties accompanying The Client or Participant. 7.9 The exclusions and/or restrictions of liability contained in this Article also apply to employees and other Representatives of Windfoilen the Netherlands and concerned service providers, as well as their staff to the extent that they are involved in the implementation of the Activity and unless the law excludes it.
Article 8 Amendment/cancellation of the agreement.
- Windfoilen the Netherlands at all times the right to terminate the agreement in the event of momentous circumstances that are unforeseeable and unavoidable such as, war, terror, political unrest, etc. Windfoilen Netherlands is obliged to inform the Client without delay and with reasons of the termination.
- If it appears during the implementation of the agreement that an intended Activity cannot take place in the Netherlands due to weather or other circumstances, windfoilen Netherlands is a different Activity for this in the without the fact that this may lead to (partial) cancellation of the contract and (partial) refund of amounts paid.
- Cancellation of the agreement by Client is not possible. Client is advised to take out cancellation insurance.
Article 9 Payment:
- Prior to the Activity, the client must pay the total amount to one and the other as stipulated in the agreement.
- Where the tender is signed less than 20 days prior to the Activity, the Client shall be held within five working days of signing the tender to meet the total amount involved in Windfoilen Nederland.
- Where The Client does not make the payment in accordance with the provisions set in these general provisions, the Client is legally in absentia, without the need for a notice or default. Windfoilen Netherlands is free to cancel the Activity without windfoilen the Netherlands being held liable in any way.
- As soon as Client is in default, the Client is held in addition to the total agreed amount to also reimburse 1 interest per month and possibly 15 out-of-court collection costs with a minimum of €150.-.
Article 10 Complaints.
- Complaints about the implementation of the agreement should be clearly defined through the email address firstname.lastname@example.org be submitted within two weeks of the lack of failure.
- Windfoilen Netherlands will confirm the receipt of the complaint within two weeks and announce the deadline for the answer. Failure to file the complaint in a timely manner may result in the Client losing his rights to this.
Article 11 Applicable law and disputes
- All agreements to be concluded by Windfoilen Netherlands shall apply To all agreements to be concluded.
- In the case of legal proceedings, the choice in court is decided by Windfoilen Nederland