Article 1: Definitions.

1. Offer
   The information displayed on the Website regarding the Products, including in each case the price, color and an overview of their properties.
2. Customer
   The natural person (Consumer) or legal entity who purchases a Product from Nautic Needs through the Website.
3. Agreement
   The agreement for the delivery of Products online (at a distance) between Nautic Needs and Customer and all further actions between Nautic Needs and Customer concerning the delivery of these products.
4. Products
   Products delivered or to be delivered by Nautic Needs to Customer, including in any case rod supports, plotter supports and all boat-related articles and also future products to be delivered.
5. Written
   (Digital) communication by letter, e-mail, social media and similar online communication services.
6. Website
   The Internet website of Nautic Needs, namely <www.NauticNeeds.nl> and all derived current and future variants thereof.
7. Work
   Any creation or Product delivered under the Agreement by Nautic Needs.

Article 2: Nautical Needs

Nautic Needs is part of the vof Nautic Needs based and with offices in Harlingen, registered in the Trade Register under number 94949417.

Article 3: Applicability

1. These General Conditions apply to any Offer and concluded Distance Contract and its performance between Nautic Needs and Customer. This also includes all acts related to the Agreement, both of preparatory and executive nature, such as Offer and shipment. The General Conditions constitute the Agreement between Nautic Needs and Customer.
2. The General Terms and Conditions are on the Website and will be made available to the Customer (electronically handed over) before or at the conclusion of the Agreement. When placing the order through the Website, a check mark must be placed at a link to these Terms and Conditions.
3. General terms and conditions of the Customer, or any other terms and conditions of third parties do not apply.
4. If specific product terms and conditions are also in force, the provisions of the preceding paragraphs also apply and the Customer may rely on the most favorable provision in the event of contradiction.
5. Nautic Needs is entitled to unilaterally modify these Terms and Conditions. The most current version can be found on the Website.

Article 4: Formation of Agreement; offer and acceptance

Offer

1. The Website displays the Offer of Nautic Needs. The Offer includes at least a photo, the price, the size and a description of the Product. With the information shown, a Customer can make a good assessment of the Product. It is also clear to the Customer what rights and obligations are attached to the purchase of the Product.
2. Nauticneeds.nl tries to show the Products as accurately as possible in the photos on the Website. However, due to light, technical settings and depending on the device used by Customer, colors of the Products on the Website may differ from the color of the real Products.
3. Nauticneeds.nl is entitled to change the content of the Offer in the interim for reasons of qualitative improvement.
4. Nauticneeds.com is entitled to introduce discounts.
5. Nauticneeds.nl cannot be held to its Offer if Customer could reasonably assume that the Offer, or any part thereof, contains an obvious mistake or slip of the pen.

Acceptance

1. The Agreement between Nautic Needs and Customer is established when Customer accepts the Offer of Nautic Needs and meets the conditions set by Nautic Needs. This is the moment the Customer clicks on the Website on the button “place order” after having filled in all his / her data.
2. Immediately after placing the order and making the payment, Customer will receive by email a confirmation of acceptance of the Offer from Nautic Needs, the confirmation of receipt.

Change

1. If during or after the conclusion of the Agreement it appears that the Product is not (or no longer) in stock, Nautic Needs immediately informs the Customer In Writing. Customer in this case is authorized:

• dissolve the Agreement. The payment already made will be refunded within 14 (fourteen) days in the same manner as Customer paid;
• suspend the delivery of the Product until the Product is back in stock. The Agreement between the Customer and Nautic Needs remains unchanged with the only change being that the Customer then agrees to a later delivery. Nautic Needs informs Customer of the expected later delivery time.

Article 5: Products

Conformity, legal warranty and additional warranty

1. Nautic Needs strives that the products meet the specifications stated in the Offer, the reasonable requirements of soundness and / or usability and the laws and regulations applicable on the date of conclusion of the Agreement.
2. The reasonable warranty period varies from Product to Product. The period will depend on the Product and the circumstances of the case.
3. Customer cannot transfer the warranty to a third party.
4. A (additional) warranty provided by Nautic Needs, its suppliers, manufacturers or importers never limits the legal rights and claims that the Customer has under the Agreement if Nautic Needs has failed to fulfill its part of the Agreement.
5. Additional warranty means any undertaking by Nautic Needs, its suppliers, importers or manufacturers in which it grants the Customer certain rights or claims beyond what it is legally required to do in the event it fails to perform its part of the Contract.

Duty to investigate

1. Customer must examine the Products as soon as possible, at the latest within 24 hours of receipt, and assess whether they meet the quality and quantity customary in normal (commercial) traffic. This includes that the Customer must examine whether the Products delivered are complete and undamaged.

Complaints

1. Complaints must be communicated to Nautic Needs in Writing, clearly and substantiated with photographs within a reasonable time after the defect has occurred.
2. Nautic Needs aims to complaints within 14 (fourteen) days after receipt Written and reasoned reply. If Nautic Needs expects that a response will take longer, it will indicate this as soon as possible.
3. In any event, the Customer shall give Nautic Needs 4 (four) weeks to resolve a complaint by mutual agreement. After this period, the complaint is subject to dispute resolution.
4. If the complaint is justified, the Customer is entitled to repair, replacement (re-delivery) or to refrain from re-delivery. It applies that minor deviation, deviations common in the industry and characteristics specific to the product or brand, such as quality, number, size, color or finish, Nautic Needs can not be charged.
5. Reclamation in no case justifies suspension by Customer of an obligation due.In the case of an order containing multiple products, the complaint regarding one of those products does not affect the obligations under the Agreement regarding the remaining products.

Article 6: Delivery

Delivery

1. Delivery of the Products shall be made upon full payment by the Customer within the delivery period specified on the Website and with the delivery service provided by Nautic Needs and conditions and rates associated with such service.
2. The place of delivery is the address provided by the Customer to Nautic Needs via the Website. Reference is hereby made to Article 8 paragraph 2 of these conditions.
3. Nautic Needs is entitled to:

• to engage third parties for the performance of the Agreement. In doing so, due care will be taken. However, Nautic Needs is not liable for any shortcomings of these third parties.
• To deliver the order, if applicable, in parts.

1. Nautic Needs aims to deliver the Products within the delivery period stated on the Website. The period agreed or specified for the delivery of the Products is indicative and never a deadline. There is no right to rescission or damages for the Customer in a case of late delivery. Nautic Needs will in such a case contact the Customer to agree on the delivery date. Customer will give Nautic Needs a reasonable time to deliver the Products.
2. At the latest at the conclusion of the Agreement, so before the Customer clicks on “complete payment”, Nautic Needs provides the following information In Writing to the Customer: price of the Product and additional shipping costs, method of payment of the Customer, contact details Nautic Needs and complaints procedure, possible withdrawal option and information and return instructions required for this purpose.
3. At the time that Nautic Needs transfers the products to the delivery service or Customer, the risk of damage and / or loss of the product passes to Customer, which removes the responsibility of Nautic Needs.
4. If the Customer refuses to accept the product upon delivery by or on behalf of Nautic Needs, Nautic Needs is entitled to store the product at the Customer’s expense and risk.

Presale

1. Nautic Needs may offer and sell its Products as a “pre-sale” (pre-sale). In a pre-sale, the Customer agrees to already purchase and pay for the Product but that delivery will take place at a later date. The Customer therefore secures the right to acquire and deliver the Product. Payment is made immediately at the conclusion of the contract, just like regular purchases as referred to in Article 4 of these terms and conditions. However, the delivery period differs. With the order confirmation, the expected delivery period and possibly different delivery conditions are communicated to Customer. The Customer is also informed about the exact delivery date prior to delivery. The withdrawal period starts from the moment of receipt of the Product by the Customer.

Article 7: Rates and Payment.

1. The Agreement is concluded on the basis of the binding and fixed rate in Euros offered by Nautic Needs on the Website.
2. Unless otherwise stated, all prices quoted are inclusive of VAT and exclusive of shipping costs, special or additional import duties, clearance charges and other levies imposed by the government.
3. Nautic Needs is entitled to adjust the listed prices for promotional purposes such as sale. It is hereby not possible for Customer to combine promotions, only one promotion per Product is allowed. A price change after the conclusion of the Agreement gives the Customer no right to rescission or damages.
4. Prices and other conditions mentioned in the Offer relate only to that Agreement and therefore do not automatically apply to a new Offer.
5. Shipping costs will depend on the country to which shipping will take place upon Customer’s request and will be calculated and stated at checkout.
6. If export or import duties become applicable in connection with the shipment, these shall be borne by the Customer. Costs charged by third parties are not part of Nautic Needs’ prices and services.
7. Sales to Customers outside the European Union (EU) are not subject to sales tax; however, they must pay the relevant national import taxes.
8. Payment shall be net to the bank account of Nautic Needs, without any discount, deduction or setoff and shall be made according to the payment methods listed on the Website at the checkout of the order. It is not possible to pay afterwards. Once the Customer has clicked on “place order” and has specified his / her bank, Customer will be directed to the bank environment where the payment takes place.

Article 8: Liability.

1. At all times, Nautic Needs and Customer will do their utmost to try to reach a solution in consultation. This is in any case the provisions of the following paragraphs:
2. Nautic Needs makes every effort to perform the Agreement to the best of its knowledge and ability in accordance with the requests of the Client. Nautic Needs has a best efforts obligation and hereby provides no guarantee regarding the outcome of work performed by her. Nautic Needs is in case of an attributable failure to perform only liable for direct and indirect damages including but not limited to replacement or processing costs of the Client related to or arising from the Agreement, if such damage is the result of intent or gross negligence or recklessness of Nautic Needs.
3. Nautic Needs is not liable for damages caused by incorrect, untimely or incomplete information sent online by Customer.
4. The liability of Nautic Needs shall never exceed compensation of up to the between parties agreed invoice value of the products delivered by Nautic Needs to the Client. The extent to which the failure Nautic Needs would be attributable, determines the amount of compensation. Slight deviation can not lead to compensation. Nautic Needs will never cover more than the amount of damages compensated and paid by its insurer under the corporate liability insurance.
5. Direct or indirect damages arising from entering into, maintaining and / or handling transactions and agreements between the Customer and its (third) contracting parties is never the liability of Nautic Needs. Damage should immediately after its occurrence In Writing to Nautic Needs to be reported.
6. Any claim against Nautic Needs expires after 12 months from the date the claim arose.
7. Provisions in this article shall not apply if the damage was caused by intent, gross negligence or recklessness on the part of Customer.

Article 9: Force Majeure

1. If Nautic Needs is prevented from (further) performing the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure was foreseeable, Nautic Needs and the Client are not bound to timely fulfill any obligation under the commitment existing between the parties.
2. Force majeure shall include; non-attributable failure of one of the parties as well as third parties or suppliers engaged by Nautic Needs, pandemic, epidemic, government measures in force, illness of Nautic Needs, the temporary unavailability or inadequate availability of equipment or other telecommunications links that have proved necessary for the delivery of the Products, riot, war, as well as any other situation where Nautic Needs and the Client can not exercise decisive control.
3. Force majeure also includes:

• the situation in which the suppliers on which Nautic Needs depends to perform the Agreement (in a timely manner) do not deliver (in a timely manner) or otherwise fail to fulfill their contractual obligations to Nautic Needs;
• delay, seizure or destruction of (parts of) Products by customs.

1. In case of illness of Nautic Needs, Customer will be informed immediately. In consultation with Customer a new date of delivery is agreed.
2. The parties will notify each other In Writing of a force majeure situation as soon as possible. If possible, the parties will try to find a solution in consultation.
3. If the force majeure situation continues for more than 14 (fourteen) days, both Nautic Needs and Customer are entitled to suspend or terminate the Agreement, subject to the return of the amount paid by Customer for the Product.
4. Other damages suffered as a result of force majeure shall not be at the expense and risk of Nautic Needs.

Article 10: Intellectual Property.

1. Copyrights or any other (intellectual) property rights in the format and content of the Website, the Logo of Nautic Needs, produced concepts, creations, works, proposals, expressions on the Internet, emails, techniques, other documents and information or any other expressions of, on behalf of or by Nautic Needs are vested in Nautic Needs and / or its licensors.
2. Intellectual property rights in Products delivered to Customer under the Agreement are vested in Nautic Needs and/or its suppliers, licensors and other third parties who own the copyright thereon.
3. The intellectual property rights, copyrights and (sub)licenses mentioned in paragraphs 1 and 2 cannot be transferred by agreement, unless otherwise agreed in Writing.
4. Without prior Written permission of Nautic Needs is not permitted by Nautic Needs a Product delivered to the Customer in whole or in part to edit, reproduce, resell or disclose, through whatever medium to third parties available, or to third parties for inspection, whether or not for a fee. It is not permitted to remove or modify any indication of rights from Nautic Needs delivered Products.
5. Any use of a work not agreed upon shall be considered an infringement of Nautic Needs’ copyright. Violation of the copyright or any other intellectual property right as described in the foregoing provisions of Nautic Needs by the Client or a third party acting directly or indirectly in performance of the Agreement shall immediately result in the payment of a penalty to Nautic Needs of at least EUR 1,000.00. The Client shall also reimburse the actual damages suffered by Nautic Needs.
6. The Client shall indemnify Nautic Needs from all claims by third parties in and out of court related to the provisions of this article and shall also fully indemnify Nautic Needs in respect of such claims and all damages suffered or to be suffered as a result or in connection therewith in any form whatsoever.
7. Customer gives Nautic Needs permission for use for promotional purposes such as, but not limited to, portfolio, blog or social media. Customer may object to publication in Writing in advance.
8. Nautic Needs may grant permission to distribute its Work or Product. This is for example in case the Client shares a screenshot of a Product on social media. The following applies: A. The name of Nautic Needs, a hashtag and reference to the account of Nautic Needs on the relevant social media channel should be clearly stated with a used Work, or with a reference to the work in the publication to be included; B. The name of the relevant supplier, a hashtag and reference to the account of this supplier on the relevant social media channel must be clearly mentioned with a used Work, or with a reference to the Work in the publication; C. When reproducing and publishing a Work, the Client shall at all times respect the moral rights of Nautic Needs in accordance with Article 25 Aw.

Article 11: Revocation

Right of Withdrawal

1. The legal right of withdrawal offers the Customer the opportunity to withdraw from the Agreement within 14 (fourteen) days of receiving the Product (hereinafter “the cooling-off period“), free of charge and without giving reasons, unless one of the legal grounds for exemption applies.

Mode of revocation

1. Revocation is made by in the reflection period:

• Sending an email to webshop@nauticneeds.nl expressly stating that Customer wishes to cancel the Agreement to supply Products or;
• Order, pay for and download a return label via My Parcel’s track & trace portal. Customer can reach this portal by clicking on the link in the Shipping Confirmation Customer received by email. In the portal itself, Customer clicks on the “Download Return Label” button. Then Customer follows the steps on the screen. When Customer uses this return service, Customer can pay directly via iDeal to receive the return label. The return goes via My Parcel to the address which will automatically be printed on the label. Customer does not need to make any changes to this. These return instructions are also on the Website

1. Upon receipt of the revocation referred to in paragraph 2, Nautic Needs immediately sends the Customer a receipt, the return instructions (which are also on the Website), including the return address and method of packaging and once the return order is received a confirmation thereof by e-mail.

Customer Obligations

1. Within 14 (fourteen) days after the notification referred to in paragraph 2, Customer returns the product to Nautic Needs. This can be done by mail.
2. Customer shall ensure that the products cannot be damaged at the time of transportation.
3. Customer shall ensure that the product is returned clean, undamaged, in its original condition and packaging, complete and including all related parts and received by Nautic Needs.
4. During the reflection period, the Customer must handle the Products and packaging with care. Unpacking, assessing and using may only be done to the extent necessary to establish the nature, characteristics and operation of a Product. The way the Customer would do this in a store is leading in this respect.
5. If returned Products have not been handled or returned in accordance with the preceding paragraphs, the resulting depreciation may be deducted from the compensation to be refunded by Nautic Needs to Customer.
6. The risk and thus the burden of proof of the proper exercise of the right of withdrawal lies with the Customer. If a return is not received by Nautic Needs then the Customer must provide a proof of shipment.

Cost

1. The cost of returning the Products shall be borne by Customer.
2. Nautic Needs will refund the cost of the returned Products and in case of return of the entire order also the cost of return shipping to the Customer within 14 (fourteen) days after Nautic Needs has received the notice of withdrawal from the Customer as referred to in paragraph 3. Nautic Needs may wait to refund until it has received the returned Products or when the Customer has demonstrated that the Products have been returned.
3. For refund, Nautic Needs uses the same means of payment as the Customer used when purchasing the product unless Customer chooses a different means of payment. This refund is free of charge.
4. Charges for more expensive delivery than standard delivery will not be refunded to Customer.

Article 12: Privacy and Cookies

1. Nautic Needs processes personal data obtained in the performance of the Agreement in strict confidence and in accordance with applicable laws and regulations, in particular the AVG as reflected in the Privacy and Cookie Policy of Nautic Needs. Customer declares to have read the policy and agree to it.
2. Nautic Needs uses high-quality security techniques and encryption of Personal Data. In case of negative interventions beyond the control of Nautic Needs, reference is made to Article 9 of these General Terms and Conditions.
3. Nautic Needs accepts no liability for any damage caused by Customer’s actions in violation of this article.

Article 13: Website

1. Nautic Needs is at all times entitled to modify the Website in terms of content, layout and further necessities at the discretion of Nautic Needs.
2. Nautic Needs strives to keep the Website functioning properly and permanently accessible to Customer at all times but cannot guarantee that the Website will function without limitations or disruptions at all times, due in part to necessary maintenance and the Website’s dependence on the Internet and technologies. In such cases, Customer can always call the phone number as listed on the Website or email amanda@Nautic Needs.
3. Nautic Needs assumes no liability or responsibility with respect to any damages arising out of or in connection with the use of the Website and its content. Direct or indirect damages resulting from third-party programming, viruses and hackers that can lead to the modification, destruction, distortion, deactivation or disabling of software, hardware and / or data of the Customer, Visitor or third parties is never the liability of Nautic Needs.

Article 14: Choice of forum

1. The Agreement between Nautic Needs and Customer is exclusively governed by Dutch law unless otherwise agreed in writing by the parties in advance.
2. Disputes between Nautic Needs and Client that cannot be settled amicably will be submitted to the competent Court of Rotterdam.