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Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
3. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance sales of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: any means which can be used for the conclusion of a contract without the consumer and trader being together in the same place at the same time;
5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any instrument which enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the trader
Registered address:
Shipsworld.NL B.V.
De Nieuwe Erven 3
5431 NV CUIJK
The Netherlands
Postal address:
Shipsworld.NL B.V.
De Nieuwe Erven 3
5431 NV CUIJK
The Netherlands
Return address:
Shipsworld.NL B.V.
De Nieuwe Erven 3
5431 NV CUIJK
The Netherlands
Telephone: 0229-563177 (Monday to Thursday - from 09:30 to 17:00)
E-mail: info@shipsclocks.com (Monday to Friday - from 09:30 to 17:00)
Chamber of Commerce (KvK): 37161456
VAT Number: NL802980648B01
Rabobank Account: 154985910
IBAN: NL36RABO0154985910
SWIFT/BIC Code: RABONL2U
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between trader and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
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 electronically to the consumer in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the contract will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period within which the trader guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, the manner in which it can be consulted by the consumer;
- the manner in which the consumer can become aware of unwanted actions before concluding the contract, as well as the manner in which they can rectify these before the contract is concluded;
- any languages in which, in addition to Dutch, the contract can 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 contract for continuous or periodic delivery of products or services.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.
4. Within statutory frameworks, the trader may inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to the execution, stating reasons.
5. The trader will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:
a. the visiting address of the trader's business premises where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and warranties;
d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer prior to the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the trader has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
Article 6b - Right of withdrawal upon provision of services
1. Upon provision of services, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days, starting on the day of concluding the contract.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, they shall bear at most the cost of returning the goods.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, or at least in good time prior to concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age rapidly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
b. the performance of which has begun with the explicit consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This connection to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
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 reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded.
2. A guarantee scheme offered by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the law and/or the distance contract regarding a failure in the performance of the trader's obligations.
Article 11 - Delivery and execution
1. The trader will exercise the greatest possible care when receiving and executing orders for products and when evaluating applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this at the latest one month after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation for damages.
4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipping shall be borne by the trader.
6. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer, unless explicitly agreed otherwise. The loss of shipments due to incorrectly entered addresses is not covered by this. Addresses, postcodes and house numbers entered by a consumer are their own responsibility. If a package is lost due to entering incorrect addresses, we are not liable for this.
Article 12 - Continuing performance contracts
1. The consumer may terminate a contract concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. A contract concluded for a definite period has a maximum duration of two years. If it has been agreed that in the event of silence on the part of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period, and the notice period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
1. Unless agreed otherwise later, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract to provide a service, within 14 days after the issuance of the documents relating to this contract.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in payment data provided or stated to the trader without delay.
4. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Intellectual property
The Buyer explicitly acknowledges that all intellectual property rights in displayed information, communications or other statements regarding the products and/or regarding the website rest with Shipsworld.NL B.V., its suppliers or other rights holders.
Article 16 - Personal data
Shipsworld.NL B.V. will process the Buyer's data exclusively in accordance with its privacy policy. In doing so, Shipsworld.NL B.V. complies with applicable privacy regulations and legislation.
Article 17 - Applicable law and competent court
All offers made by Shipsworld.NL B.V., its contracts and the execution thereof are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
Article 18 - Links
The website Shipsclocks.com may contain advertisements from third parties or links to other sites. Shipsworld.NL B.V. has no influence on the privacy policy of these third parties or their sites and is not responsible for them.
Article 19 - Your rights
You can always ask Shipsworld.NL B.V. what data about you is being processed. To do so, you can send an e-mail. You can also ask Shipsworld.NL B.V. by e-mail to make improvements, additions or other corrections, which Shipsworld.NL B.V. will process as soon as possible. If you no longer wish to receive information, you can inform Shipsworld.NL B.V. accordingly. Information is only sent if you have provided your e-mail address for that purpose.
Article 20 - Additional or deviating 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 medium.