These general terms and conditions refer to “Hebor Watersport”. They apply to all legal acts performed by Hebor Watersport and to all agreements concluded between Hebor Watersport and the Client, regardless of the place of residence or business of the parties involved, or the place where the agreement is concluded or is to be performed. Deviations from these terms and conditions are valid only if expressly agreed in writing. The Client’s terms apply only if and to the extent that they have been agreed with Hebor Watersport in writing.
If any provision of these terms and conditions is void or annulled, the remaining provisions will remain fully in force. Hebor Watersport and the Client will consult to agree on replacement provisions, taking into account the purpose and intent of the void or annulled provisions as far as possible.
Offers and agreements
All offers are non-binding, even if they include a period for acceptance. If the Client accepts a non-binding offer, Hebor Watersport may withdraw it within five working days of receiving the acceptance. An agreement is concluded between Hebor Watersport and the Client when the Client accepts an offer from Hebor Watersport online, by email, by fax or otherwise.
As a rule, Hebor Watersport will arrange delivery within 14 days after approval of the customer by the relevant operator, provided that the products are available from suppliers’ stock. Although Hebor Watersport will exercise due care in preparing its offers, including price lists and other information concerning a current or prospective legal relationship with the other party, the Client may not derive any justified expectation as to the accuracy of that information unless expressly agreed otherwise in writing. All images, drawings and information on weights, dimensions, colours and similar details are approximate only. Differences from the actual product cannot give rise to compensation or termination of the agreement.
Prices, rates and payment
Prices and rates stated by Hebor Watersport in an offer or order confirmation are subject to reservation and apply exclusively to the services or scope of delivery specified in that offer or order confirmation. Unless otherwise stated, all prices for goods offered are in euros and include VAT and other government-imposed charges. Shipping costs are excluded unless expressly agreed otherwise.
Hebor Watersport reserves the right to change its prices and rates. The Client may cancel an order or terminate the agreement with immediate effect within seven (7) days after Hebor Watersport announces a price increase.
If Hebor Watersport’s costs change during the agreement as a result of a provision in a collective labour agreement, a law, decree or decision of a government or semi-governmental body, including foreign authorities, of a mandatory nature, or if circumstances outside Hebor Watersport’s control increase its costs to such an extent that it can no longer reasonably be expected to maintain the agreed price, the Client hereby agrees in advance to a price adjustment. Hebor Watersport will notify the Client of that adjustment with reference to objective criteria.
Hebor Watersport reserves the right to cancel the Client’s orders if payment has not been received within 7 days of the order date.
Delivery, delivery times and transport
Any delivery time stated by Hebor Watersport is never to be regarded as a strict deadline. Exceeding a delivery time can never give rise to compensation or any other action against Hebor Watersport, unless otherwise agreed and except in cases of intent or gross fault on the part of Hebor Watersport. Hebor Watersport reserves the right to deliver and invoice goods in separate shipments.
If the Client fails to provide the cooperation necessary for Hebor Watersport to fulfil its obligations, or if another impediment arises on the Client’s side, Hebor Watersport may terminate the agreement or regard it as terminated within eight days after giving the Client notice of default, without judicial intervention and without prejudice to its right to claim compensation from the Client for losses incurred or lost profit.
Furthermore, for as long as the impediment caused by the Client prevents Hebor Watersport from performing, the Client may not demand performance from Hebor Watersport. Hebor Watersport may claim reimbursement from the Client for reasonable costs arising from the Client’s conduct or failure to act as described in this paragraph.
Unless otherwise agreed in writing, Hebor Watersport determines the method of transport, dispatch, packaging and similar arrangements without accepting any liability for them. If the ordered goods have not been delivered within 30 days and the Client has not been informed, the order may be cancelled free of charge.
Force majeure and special circumstances
Force majeure means a failure to perform that cannot be attributed to Hebor Watersport because it is not due to its fault and is not for its account under the law, a legal act or generally accepted standards. This includes situations in which Hebor Watersport cannot provide its services because of an attributable failure or negligence of a third party.
Force majeure includes, among other things: disruption or interruption of business of any kind and regardless of its cause; delayed or late supplies from one or more of Hebor Watersport’s suppliers; and transport difficulties or impediments of any kind that hinder transport to Hebor Watersport or from Hebor Watersport to the Client.
Hebor Watersport may invoke force majeure if any circumstance prevents further performance. Its obligations are suspended for the duration of the force majeure. If the suspension lasts more than thirty days, either party may terminate the agreement in whole or in part without any obligation to pay compensation.
If Hebor Watersport can already fulfil part of its obligations when force majeure occurs, it may invoice separately for the part already delivered or performed, or the part that can be delivered or performed. The Client must pay that invoice as if it related to a separate agreement.
Retention of title
Hebor Watersport expressly retains ownership of goods delivered until payment has been made in full. This includes payment of all costs and interest, including those relating to earlier and later deliveries and services, as well as claims for damages arising from failure to perform.
Risk
The risk of loss of or damage to goods covered by the agreement passes to the Client upon delivery to the address specified by the Client.
Complaints, liability and returns
The Client must examine the goods upon delivery to determine whether they conform to the agreement. Any complaints concerning a product supplied by Hebor Watersport must be reported immediately, with reasons, by email or in writing, no later than 5 working days after delivery. The right to complain lapses if this period is exceeded. Once that period has passed, Hebor Watersport is deemed to have fulfilled its obligations correctly and the Client is presumed to have received the goods in good order, unless the Client provides evidence to the contrary.
If the Client demonstrates that the goods do not conform to the agreement, Hebor Watersport may choose either to replace them with new goods upon their return or to refund their invoiced value.
If the Client does not wish to keep a product for any reason, the Client may return it to Hebor Watersport within 14 (fourteen) days of delivery. Returns in this case are accepted only if the product packaging is undamaged and has not been opened. All shipping costs are borne by the Client.
Hebor Watersport accepts returned goods as referred to in Articles 8.2 and 8.3 only if and to the extent that it has agreed to the return beforehand in writing by email. The goods must then be delivered to the address specified by Hebor Watersport in their original packaging and in the condition in which Hebor Watersport delivered them to the Client. Hebor Watersport will refund the relevant amount to the customer within 14 (fourteen) days of receiving the return.
Warranty
Hebor Watersport undertakes to comply with all provisions of the manufacturer’s warranty for the goods delivered. All products therefore carry a manufacturer’s warranty of at least 1 year.
Without prejudice to the preceding provisions, the Client cannot rely on these warranty provisions if the Client has made or arranged modifications to the goods, including repairs not carried out by or on behalf of Hebor Watersport; if defects are wholly or partly due to improper, careless or unskilled use; if defects result from lightning, fire or water damage, or other external causes or accidents; if the Client has neglected the goods; or if the Client has otherwise handled the goods carelessly or in such a way that, according to generally accepted standards, the risk should be borne by the Client.
Personal data
Personal data entered by the Client will be recorded in a file solely for the purpose of processing the Client’s order. The Client’s data will be included in a central Hebor Watersport file and used only to keep the Client fully informed about Hebor Watersport’s goods and services, unless the Client has indicated that they do not wish to receive such information.
The Client’s data will be processed in accordance with applicable laws and regulations. On request, the Client may inspect the personal data recorded about them in Hebor Watersport’s file. The Client may request changes if these data are incorrect.
Miscellaneous
If the Client gives Hebor Watersport an address in writing, Hebor Watersport may send all orders to that address until the Client provides a new address.
If Hebor Watersport permits deviations from these terms for a short or longer period, whether tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with the terms. The Client may never claim any right based on Hebor Watersport’s flexible application of these terms. Hebor Watersport may use third parties to fulfil the Client’s orders.
Applicable law and disputes
All offers, orders and agreements of Hebor Watersport are governed by Dutch law. Disputes between Hebor Watersport and the Client will be submitted to a competent court in the district of Rotterdam.
These terms have been translated from Dutch. The original Dutch terms apply.