Terms of service

Contents

Article 1 – Definitions
Article 2 – Identity of the seller
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
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 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Applicable law and disputes
Article 15 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: a natural person who is not acting for purposes relating to their trade, business or profession and who enters into a distance contract with the seller;
3. Day: calendar day;
4. Durable medium: any instrument that enables the consumer or the seller to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information, such as email;
5. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period;
6. Model form: the model withdrawal form that the seller makes available in the refund and returns policy;
7. Seller: BOWT Watersport B.V., which offers products to consumers at a distance;
8. Distance contract: a contract concluded within the framework of a system for distance selling organised by the seller, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
9. Means of distance communication: any means that can be used to conclude a contract without the consumer and the seller being present in the same place at the same time;
10. Terms and conditions: these general terms and conditions of the seller.

Article 2 – Identity of the seller

BOWT Watersport B.V.
Mr. W.M. Oppedijk van Veenweg 18-01
9251 GA Burgum
the Netherlands
Phone: +31 (0)85 009 20 40
Email: info@bowt.nl
Chamber of Commerce (KvK) number: 92821790
VAT identification number: NL866184168B01

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the consumer via the webshop BOWT.shop.
2. The text of these terms and conditions is available in the webshop and can be stored by the consumer on a durable medium. On request, we will send them free of charge.
3. If specific product or service conditions apply in addition to these terms and conditions, the consumer can always rely on the provision that is most favourable to them in the event of conflicting provisions.
4. If one or more provisions of these terms and conditions are wholly or partly invalid, the contract and the remainder of these terms and conditions remain in force. The statutory rules apply in place of the invalid provision.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, so that the consumer can properly assess the offer. Images are a true representation of the products. Colours on screen may differ slightly from the actual colours.
3. Obvious mistakes or obvious errors in the offer do not bind the seller.
4. Every offer contains the information the consumer needs to know their rights and obligations, in particular the price including VAT, any shipping costs, the way in which the contract is concluded, the method of payment and delivery, and whether or not the right of withdrawal applies.
5. The contract can be concluded in Dutch, German or English.

Article 5 – The contract

1. The contract is concluded at the moment the consumer places the order in the checkout by clicking the order button and meets the conditions set for it. Before placing the order, the consumer can check and correct their details.
2. The seller confirms the order by email without delay. As long as the seller has not confirmed receipt, the consumer can terminate the contract.
3. The seller takes appropriate technical and organisational measures to secure the electronic transfer of data and the payment.
4. No later than on delivery, the seller sends the consumer, on a durable medium, the information on the right of withdrawal and the model withdrawal form, the address where the consumer can submit complaints, and information on guarantees and after-sales service.
5. Every contract is concluded on the condition that the products concerned are sufficiently available. If a product cannot be delivered, the seller informs the consumer as soon as possible and refunds any amount already paid within 14 days.

Article 6 – Right of withdrawal

1. When purchasing products, the consumer can withdraw from the contract within 14 days without giving any reason. This withdrawal period starts on the day after the product is received by the consumer or by a third party, other than the carrier, designated in advance by the consumer. If multiple products in one order are delivered separately, the withdrawal period starts on the day after receipt of the last product.
2. During the withdrawal period, the consumer handles the product and its packaging with care. The consumer only unpacks or uses the product to the extent necessary to establish the nature, characteristics and functioning of the product.
3. The consumer notifies the seller of the withdrawal within the withdrawal period, via the customer account (request a return), by email, by post or using the model withdrawal form. The seller confirms receipt of the withdrawal on a durable medium without delay.
4. The consumer returns the product with all accessories supplied no later than 14 days after notifying the withdrawal, or hands it over to the seller. The consumer has met the deadline if they send back the product before this period has expired.
5. The full information on the right of withdrawal and the model withdrawal form can be found in the refund and returns policy in the webshop.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, the direct costs of returning the product are borne by the consumer.
2. The seller refunds all payments made by the consumer, including the delivery costs for standard delivery, without undue delay and no later than 14 days after receipt of the withdrawal. The seller may withhold the refund until it has received the product back or until the consumer has provided evidence of having sent back the product, whichever is earlier. The refund is made using the same means of payment that the consumer used, unless the consumer agrees to a different method.
3. The consumer is liable for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product.
4. The consumer is not liable for diminished value if the seller did not provide them, before the conclusion of the contract, with all legally required information about the right of withdrawal.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal does not apply to products:
a. that are made or adapted to the consumer's specifications, or that are clearly personalised;
b. that are sealed and not suitable for return for reasons of health protection or hygiene, if the seal has been broken after delivery;
c. that, after delivery, are by their nature inseparably mixed with other products.
The seller clearly states any exclusion in the offer, and in any case in good time before the conclusion of the contract.

Article 9 – The price

1. All prices in the webshop include VAT. Any shipping costs are stated separately before the order is placed.
2. During the period of validity of the offer, prices will not be increased, except in the event of changes in VAT rates.
3. In the event of obvious printing or typesetting errors in the price, the seller is not obliged to deliver the product at the incorrect price. In that case, the consumer may terminate the contract free of charge.

Article 10 – Conformity and guarantee

1. The seller guarantees that the products conform to the contract, to the specifications stated in the offer, to the reasonable requirements of soundness and usability, and to the statutory provisions in force on the date the contract is concluded.
2. If a product does not conform to the contract, the consumer is entitled to the statutory remedies under the legal guarantee of conformity, such as repair or replacement free of charge and, where the law allows, a price reduction or termination of the contract. Please report a defect as soon as possible after discovering it.
3. A guarantee provided by the seller, manufacturer or importer applies in addition to the statutory rights and does not limit them.
4. Normal wear and tear is not a defect. The same applies to damage resulting from improper use, insufficient maintenance, or unprofessional repairs or modifications.

Article 11 – Delivery and performance

1. The seller handles orders with the greatest possible care.
2. The place of delivery is the address provided by the consumer when ordering. Customers in the Netherlands can also collect their order in Burgum.
3. The seller carries out accepted orders promptly and no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be carried out, or only partly, the consumer will be notified no later than 30 days after the order. In that case, the consumer can terminate the contract free of charge.
4. The delivery times in the webshop are indicative.
5. In the event of termination under paragraph 3, the seller refunds the amount paid as soon as possible, and no later than 14 days after termination.
6. The risk of damage to and loss of products lies with the seller until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the seller.

Article 12 – Payment

1. The consumer pays when placing the order, using one of the payment methods offered in the checkout. For deferred payment, for example via Klarna, the payment terms of the provider concerned apply.
2. The consumer reports any inaccuracies in payment details provided or stated to the seller without delay.
3. If the consumer does not pay on time, the seller may, within the limits of the law, charge the reasonable costs that were made known to the consumer in advance.

Article 13 – Complaints procedure

1. The consumer submits complaints about the performance of the contract to the seller, fully and clearly described, via info@bowt.nl or by post. Please report complaints as soon as possible.
2. The seller responds to complaints within 14 days of receipt. If a complaint requires more time, the seller sends an acknowledgement of receipt within 14 days, indicating when the consumer can expect a more detailed reply.
3. A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.

Article 14 – Applicable law and disputes

1. Contracts between the seller and the consumer are governed by Dutch law. For consumers, this choice of law does not deprive them of the protection afforded to them by the mandatory provisions of the law of the country where they have their habitual residence.
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
3. The seller is not affiliated with a dispute resolution body and is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. This does not affect the consumer's right to bring the matter before the competent court.

Article 15 – Additional or different provisions

Provisions that supplement or deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or on a durable medium.