DEPOT GENERAL TERMS AND CONDITIONS TRIPLEFABRICS BV. KVK: 64429059

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement where, in the context of a system organized by the entrepreneur for the 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;
4. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time;
5. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Long-term transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. These terms are included in the ordering procedure of the webshops Watersport4all.nl and Afdekshop.nl and can be downloaded there.

ARTICLE 4 – THE OFFER

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. The ordering, payment, shipping, and return procedure is integrally included in the webshops Watersport4all.nl and Afdekshop.nl. This ordering procedure can be downloaded there.

ARTICLE 5 – THE AGREEMENT

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. If the acceptance is not confirmed, the consumer can dissolve the agreement.

ARTICLE 6 – RIGHT OF WITHDRAWAL FOR DELIVERY OF PRODUCTS

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This period starts on the day after the consumer or a pre-designated third party not being the carrier has received the product.
2. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. See art.4 & art. 4 of the attached General Terms and Conditions appendix.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the return or withdrawal.

ARTICLE 8 – THE PRICE

1. During the period mentioned 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. In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated are target prices, will be stated in the offer.
3. The prices mentioned in the offer of products or services are exclusive of VAT.
   In the checkout of the ordering procedure, the stated price is inclusive of VAT.

ARTICLE 9 – CONFORMITY AND WARRANTY

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A scheme offered by the entrepreneur, manufacturer, or importer as a warranty does not affect the rights and claims the consumer can assert against the entrepreneur under the law and/or the distance contract regarding a failure to fulfill the obligations of the entrepreneur.
3. The buyer can no longer invoke the fact that what has been delivered does not conform to the agreement if he has not notified the seller within two months after he has discovered or should reasonably have discovered the defect.

ARTICLE 10 – DELIVERY AND EXECUTION

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. If a package cannot be delivered, it will be placed at a pickup point for you. If a package is not picked up at the pickup point, AfdekShop reserves the right to charge return costs for the return shipment to AfdekShop. If your package is returned to us, the relevant part of your order will be canceled.
4. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed upon. If the delivery is delayed due to force majeure or unforeseen circumstances, or if an order cannot or can only partially be executed, the consumer will receive a notification no later than one month after he placed the order. The consumer must give the entrepreneur the opportunity to deliver or execute the order. If this is not reasonably possible, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
5. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will 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 pre-designated representative announced to the entrepreneur unless explicitly agreed otherwise.

ARTICLE 11 – DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

1. In the case of an agreement concluded for an indefinite period, the consumer may terminate the agreement at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended in case of the consumer’s silence, the contract will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

ARTICLE 12 – PAYMENT

1. Insofar as no other agreement has been made, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known in advance to the consumer.

ARTICLE 13 – COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 14 – DISPUTES

On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer resides abroad. The Vienna Sales Convention is explicitly excluded.

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 data carrier.

1 – RETENTION OF TITLE

1. All delivered goods remain the property of the entrepreneur until the consumer has fulfilled all obligations under the agreement.
2. The consumer is not authorized to pledge or encumber in any other way the goods that fall under the retention of title.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the consumer is obliged to inform the entrepreneur of this as soon as may reasonably be expected.
4. The consumer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage as well as against theft and to provide the insurance policy for inspection upon first request.

PRIVACY

1. The entrepreneur respects the privacy of the consumer and ensures that the personal data provided by the consumer is treated confidentially.
2. Personal data that is necessary for the execution of the agreement is stored securely and used only in accordance with the applicable privacy regulations and policies.
3. The consumer has the right to access, correct, or delete personal data held by the entrepreneur. The consumer can make use of this right by contacting the entrepreneur through the contact information provided in these terms and conditions.

INTELLECTUAL PROPERTY

1. The consumer acknowledges that all intellectual property rights to the information, communications, or other expressions concerning the products and/or relating to the internet site rest with the entrepreneur, its suppliers, or other entitled parties.
2. Intellectual property rights mean all patents, copyrights, trademarks, trade names, and other intellectual property rights, including know-how, database rights, and rights to trade secrets.

FORCE MAJEURE

1. In case of force majeure, the entrepreneur is not obliged to fulfill its obligations towards the consumer. The entrepreneur is entitled to suspend its obligations for the duration of the force majeure.
2. Force majeure is understood to mean any circumstance independent of the will of the entrepreneur that prevents the fulfillment of its obligations towards the consumer in whole or in part. These circumstances include strikes, fires, business disruptions, energy failures, non-delivery or late delivery by suppliers or other third parties engaged, and the absence of any permit to be obtained by the government.

LIABILITY

1. The entrepreneur is not liable for indirect damage, including consequential damage, loss of profit, missed savings, or damage due to business stagnation.
2. The entrepreneur’s liability towards the consumer, for whatever reason, is limited to the amount of the price stipulated for that agreement (excluding VAT).
3. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the entrepreneur or its management staff.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

1. The entrepreneur has the right to amend or supplement these general terms and conditions.
2. Changes also apply to agreements already concluded with due observance of a period of 30 days after publication of the change on the website of the entrepreneur or by electronic communication. Minor changes can be made at any time.
3. If the consumer does not wish to accept a change in these terms and conditions, they can terminate the agreement with effect from the date on which the new terms and conditions take effect.

GOVERNING LAW AND JURISDICTION

1. These terms and conditions and the agreements to which these terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the entrepreneur and the consumer will be submitted to the competent court in the consumer’s place of residence. If the consumer does not reside in the Netherlands, disputes will be submitted to the competent court in the place where the entrepreneur is established.

COMPLAINTS PROCEDURE

1. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will 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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. From February 15, 2016, it is also possible for consumers in the EU to report complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If the complaint is not yet being processed elsewhere, the consumer is free to deposit the complaint via the platform of the European Union.

ADDITIONAL OR DIFFERENT PROVISIONS

Additional or deviating provisions 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 the consumer can store them in an accessible manner on a durable medium.

APPENDIX I TO THE GENERAL TERMS AND CONDITIONS

Order, Payment, Shipping, and Return Procedure

1. ORDERING

• Shop in the webshop and place the item of your choice in your shopping cart by clicking the “Add” button. The product is now added to your shopping cart.
• Then you can continue shopping or proceed to checkout. When you are ready, click “proceed” to pay.

ENTERING DETAILS

• When you have selected the desired item, you can order it by clicking the ‘order’ button.
• You can continue to order other items, or you can click on ‘shopping cart’.
• When you click on the shopping cart, you will land on the order form. Then fill in the necessary details and click submit.
• You will receive confirmation from us by email.

2. PAYMENT AND VAT

• When you order at:
• Watersport4all.nl: you pay directly online. After receiving your payment, we will immediately send you the goods you ordered. All prices mentioned with the items as well as (if applicable) the shipping costs are exclusive of 21% VAT, unless otherwise stated.
• Afdekshop.nl: you pay directly online. After receiving your payment, we will immediately send you the goods you ordered. All prices mentioned with the items as well as (if applicable) the shipping costs are exclusive of 21% VAT, unless otherwise stated.

3. SHIPPING

We ship all packages within the Netherlands with our regular carriers. Contact us for international shipping. The choice of carrier for returns of goods is reserved to the webshops mentioned in Article 2.

Shipping costs in the webshop are € 5.45 excluding 21% VAT. Other shipping costs are stated on the website or will be sent on (quotation) request.

4. RETURNING

• You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for the return from your home to the web store are for your own account. These costs are approximately € 5.45 per package; consult the website of your carrier for the exact rates.
• If you use your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging. To use this right, you can contact us. We will then refund the order amount due within 14 days after registering your return, provided the product has already been received in good order.
• Note: custom-made products cannot be returned unless there are production errors.

RETURN ADDRESS

Triplefabrics
Londenweg 26
9744 TX Groningen

CONTROL UPON RETURN

We sell certain products that must ensure a certain level of safety. For this reason, when returning the following products, it will be strictly checked whether safe operation can be guaranteed:

• Tie-down and lifting materials. This is for safety reasons.
• Custom-made goods.

CONDITIONS FOR RETURNING

• Always include the copy invoice with the return shipment.
• State the reason for return.
• Fill in your (bank) account number. For questions, contact us.

When you return the item to us according to the conditions above, you will receive the purchase amount back, excluding initial shipping costs.

REFUND PERIOD AFTER A RETURN OR CANCELLATION

Within 14 working days after receiving your return shipment, you will receive your payment back. The initial shipping costs will not be refunded.

TripleFabrics Bv.
Londenweg 26
9744 TX Groningen