Article 1. Applicability
- These General Terms and Conditions (hereinafter referred to as the Terms) apply to all ScubaCam.nl’s offers, orders and agreements. By accepting an offer or placing an order, you agree to the applicability of these Terms. Any departure from the provisions of these Terms is only possible once written notice or written approval has been issued by ScubaCam.nl, in such cases the other provisions remain in force unimpaired.
- All the rights and claims stipulated for the benefit of ScubaCam.nl, such as those in these Terms and in any subsequent agreements, are also stipulated in favour of any intermediaries or other third parties brought in by ScubaCam.nl.
- ScubaCam.nl is entitled to amend these Terms at all times and without giving prior notice.
- These Terms respect all the rights of the consumer by virtue of legislation (or the sales agreement).
Article 2. Offers/agreements
- Statements providing information of whatsoever nature in catalogues, brochures, quotes, price lists, order confirmations or other printed documentation, or instead published on the internet, the website, electronic post or in any other way shall be as accurate as possible, however, they are not binding. ScubaCam.nl is not, therefore, in any way liable for printed, written or arithmetical errors and lack of clarity, nor for the consequences of such.
- All the offers from ScubaCam.nl are without any obligation and ScubaCam.nl explicitly retains the right to change the prices, in particular when the changes are necessary due to (statutory) provisions. An agreement only becomes effective after your order has been accepted by ScubaCam.nl in writing.
- ScubaCam.nl is entitled to refuse orders or instead to attach certain conditions to the delivery, unless expressly stipulated otherwise. If ScubaCam.nl declines to accept an order, ScubaCam.nl shall inform you of this within 10 days of the order having been received.
Article 3. Prices and payment
- The prices of the goods and services offered are stated in euros, including VAT but excluding administration and dispatch costs, taxes or other levies, unless stated otherwise or agreed in writing.
- For all orders within the Netherlands, a fixed sum of € 10 shall be charged for administration and dispatch costs.
- ScubaCam.nl offers various methods of payment:
- Prepayment: you may choose to pay in advance. In this case, your order shall be delivered after your payment has reached ScubaCam.nl’s giro or bank account.
- C.O.D. (“Rembours”): (The Netherlands only) Orders worth up to a maximum of € 2,000 can be delivered on a cash on delivery basis. In this case you pay the delivery service when your order is delivered. Please note: It is not always possible to pay the delivery service using your bank/giro pass and pin number (“pinnen”).
- If the prices of the goods and services offered increase in the period between the order being placed and its execution, you are entitled to cancel the order or dissolve the agreement within 10 days of ScubaCam.nl announcing the price increase.
Article 4. Delivery
- ScubaCam.nl observes a maximum delivery period of 30 days. The delivery period commences once the agreement is concluded, ScubaCam.nl has received all the necessary details and, in the event of prepayment, the payment has been received. The products shall be delivered where and when they are ready to be dispatched to you.
- If the products ordered are not delivered within this period, you have the option of dissolving the sales agreement. The delivery periods supplied by ScubaCam.nl are only indicative. The exceeding of a delivery period does not give you any right to compensation.
- ScubaCam.nl is entitled to send the delivery in separate dispatches. The extra costs of a subsequent delivery shall be borne by ScubaCam.nl.
- On the basis of the Consumer Protection Act in respect of distance selling agreements, you have a cooling-off period of 7 working days after receipt of the product, within which you are, without giving a reason, entitled to dissolve the agreement and return or exchange the product. Within the 7 day period, you must give written (via email, letter or fax) notice to this effect and return the product in an undamaged, complete and unused state (furthermore, it must be returned in its original, complete and undamaged packaging). In this situation the costs and risks of returning the product are for your account. If you have already paid for the products, ScubaCam.nl shall repay this sum, minus the amount paid for administration and dispatch costs and C.O.D., within 30 days of having received the returned products. The cooling-off period does not apply to articles which are specifically ordered for the purchaser.
Article 5. Retention of title
Ownership of the products delivered shall only be transferred when you have settled in full all amounts owing to ScubaCam.nl on the grounds of any agreement whatsoever. The risk in respect of the products shall be transferred to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
You must entirely and unconditionally respect all the intellectual and industrial property rights attached to the products delivered by ScubaCam.nl. ScubaCam.nl does not give any guarantee that the products delivered to you are not in breach of any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
- On delivery of the products, you are responsible for checking whether the products fulfil the agreement. If this is not the case, you must inform ScubaCam.nl of this as soon as possible and in any case within 2 days of the delivery, or after the discovery was in all reasonableness possible.
- If a product has a defect, ScubaCam.nl shall decide whether the product shall be repaired or replaced. If a product develops a defect within 30 days of it having been purchased, you shall, in addition to repair or replacement, also be offered the option of "product not good, your money back". If you choose the last option, the product must be returned, in its original packaging, to ScubaCam.nl immediately and undamaged. The costs of returning the product shall be for the account of ScubaCam.nl. Within 30 days of having received the returned product, the purchase price shall be repaid.
- If the defect can reasonably be attributable to you or is otherwise for your account and risk, ScubaCam.nl shall, after consulting you, send the product back to you in the same state as it was received or shall have it repaired/replaced at your expense. All the products delivered by ScubaCam.nl are covered by a complete manufacturer's warranty in accordance with the terms and conditions drawn up by the relevant manufacturer. Your statutory rights shall not be affected by the manufacturer’s warranty. The terms of warranty for second hand products shall be included in the agreement.
- The risks of transporting the products ordered by you shall be borne by ScubaCam.nl. The moment the product is delivered, the risk is transferred to you, with the exception of liabilities which cannot lawfully be excluded by ScubaCam.nl.
Article 8. Orders/communication
In respect of misunderstandings, distortions, delays or the inadequate provision of order details or information as a consequence of the use of Internet or any other means of communication in the dealings between you and ScubaCam.nl, or instead between ScubaCam.nl and third parties (to the extent these concern the relationship between you and ScubaCam.nl), ScubaCam.nl cannot be deemed liable, unless and to the extent there could be a question of gross negligence or intention on the part of ScubaCam.nl.
Article 9. Personal details
ScubaCam.nl shall respect the privacy of all those who use its site and shall abide by the provisions of the Data Protection Act. The personal information which you provide to us shall at all times be treated with care and confidentiality. The personal information comprises all the details which are filled in on the order form. ScubaCam.nl shall use your personal details to fulfil the agreement. The details shall not be made available to third parties. ScubaCam.nl makes use of a secured environment with an SSL (Secure Sockets Layer), specifically developed to ensure safety and privacy on the Internet. Sending orders and payment details via an environment secured by an SSL ensures the information is never visible to third parties. You may view your own personal details at any time by submitting a written (email, letter or fax) request to this effect to ScubaCam.nl. Within 4 weeks, an overview of all your personal details shall be supplied. If you wish anything to be amended, added or removed, you must submit this in writing. In all such cases, ScubaCam.nl shall immediately follow your instructions, or instead remove your details from its files.
Article 10. Force majeure
Without prejudicing its other rights, ScubaCam.nl shall, in the case of force majeure, have the right to choose whether to suspend the processing of your order, or to dissolve the agreement without judicial intervention; ScubaCam.nl shall inform you of this in writing and neither suspension nor dissolution shall render ScubaCam.nl liable to pay any form of compensation unless, under the particular circumstances, measures of reasonableness and fairness render this unacceptable. Force majeure is taken to mean every shortcoming which cannot be attributed to ScubaCam.nl, as ScubaCam.nl can neither be blamed for the shortcoming nor by virtue of legislation, a legal act or common opinion can it be deemed for the account of ScubaCam.nl.
Article 11. Miscellaneous
- If you submit an address in writing to ScubaCam.nl, ScubaCam.nl shall be entitled to send all the orders to that address, unless you provide ScubaCam.nl with written details of another address to which your orders are to be sent.
- ScubaCam.nl is entitled to make use of third parties for the processing of your order(s).
- If for either a brief or a lengthy period, ScubaCam.nl allows these Terms to be departed from whether or not tacitly, this shall in no way prejudice its right to continue to demand immediate and strict observance of these Terms. You can never enforce any rights on the grounds that ScubaCam.nl has adopted a flexible attitude to the application of these Terms.
- Should one or more of the provisions of these Terms or any other agreement with ScubaCam.nl conflict with any applicable legislation, the relevant provisions shall lapse and shall be replaced by a legally acceptable comparable provision drawn up by ScubaCam.nl.
Article 12. Applicable law and competent court
Only Dutch law shall be applicable to all the rights, obligations, offers, orders and agreements to which these Terms apply, as well as to these Terms themselves. Any disputes between parties shall only be submitted to the appropriate competent Court in the Netherlands.