General terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  • Model form: the model withdrawal form provided by the trader, which a consumer can fill in when he wants to exercise his right of withdrawal;
  • Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
  • Remote agreement: an agreement under which, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  • Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time;
  • Terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Smart Trading and Sales, trading as Smartmarine
Weegschaalstraat 3, 5632 CW in Eindhoven
Telephone: +31 40 3690310 (weekdays from 9 a.m. to noon)
Email address: [email protected]
Chamber of Commerce number: 80752780
VAT identification number: EN 861787018B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

2. Before the distance contract is concluded, the text of these general terms and 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 terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

3. If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in case of conflicting general terms and conditions, the consumer may always rely on the provision most favourable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced forthwith by mutual agreement with a provision that approaches the purport of the original as much as possible.

6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

5. Images of products are a true representation of the products on offer. The entrepreneur cannot guarantee that the displayed

colours exactly match the actual colours of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations attached to the acceptance of the offer are. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are necessary to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance 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 agreement is archived after its conclusion and, if so, how it can be accessed 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, rectify them;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the trader has submitted 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 a duration transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

4. The entrepreneur may - within legal frameworks - investigate 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 remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.

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

  • the visiting address of the trader's establishment to which the consumer can address complaints;
  • the conditions under 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;
  • the information on guarantees and existing after-sales service;
  • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.

2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

3. If the consumer wishes to exercise 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 using the model form. After the consumer has expressed his wish to use his right of withdrawal, he should return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of dispatch.

4. If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

On provision of services:

5. When supplying services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.

6. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.

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 revocation. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive evidence of complete return can be presented. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly 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 depreciation in value of the product.

4. The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information on the right of withdrawal, as required before the conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal

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

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

  • brought about by the entrepreneur in accordance with the consumer's specifications;
  • which are clearly personal in nature;
  • which by their nature cannot be returned;
  • which can spoil or age quickly;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for single newspapers and magazines;
  • for audio and video recordings and computer software whose seals have been broken by the consumer;
  • for hygienic products whose seals have been broken by the consumer.

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

  • concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
  • whose delivery has started with the consumer's express consent before the cooling-off period has expired;
  • On betting and lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding 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, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.

3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal 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:

  • they result from statutory regulations or provisions; or
  • the consumer has the power to terminate the agreement from the day on which the price increase takes effect.

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

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

Article 10 - Conformity and warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date 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 entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

3. Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.

4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible 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. Subject to what has been stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to damages.

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. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination

1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding 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 towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.

3. The consumer may enter into the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be limited to termination at a particular time or period;
  • at least terminate them in the same manner as they were entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.

6. A fixed-term contract that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement of limited duration for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not continued and ends automatically at the end of the trial or introductory period.

8. If a contract has a duration of more than one year, the consumer may, after one year, change the

agreement at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide 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 details provided or mentioned to the entrepreneur.

3. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.

2. Complaints on the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is amenable to the dispute resolution procedure.

5. For complaints, a consumer should first turn to the trader. If the online shop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned. 

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

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

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

2. The Vienna Sales Convention shall not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.