Shopping Cart
General terms and conditions
Article 1 – Definitions
In these conditions the following definitions apply:
1. Trader: the natural or legal person offering products and/or services to consumers at a distance;
2. Consumer: the natural person not acting in the course of a profession or business who concludes a distance contract with the trader;
3. Distance contract: a contract concluded, within a system organised by the trader for the distance sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
4. Means of distance communication: a means that can be used to conclude a contract without consumer and trader being together in the same place at the same time;
5. Reflection period: the period within which the consumer may exercise the right of withdrawal;
6. Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract for a series of products and/or services whose delivery and/or purchase obligation is spread over time;
9. Durable medium: any means enabling the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction.
Article 2 – Identity of the trader
Registered, postal and returns address:
Shipsworld.NL BV
De Nieuwe Erven 3
5431 NV Cuijk, The Netherlands
Phone: +31-229-563177 (Monday to Thursday, 09:30–17:00, support in English)
E-mail: info@relojesnauticos.es (Monday to Friday, 09:30–17:00)
Dutch Chamber of Commerce (KvK): 37161456
VAT number: NL802980648B01
IBAN: NL36RABO0154985910
SWIFT/BIC: RABONL2U
Article 3 – Applicability
1. These general conditions apply to every offer by the trader and to every distance contract concluded between trader and consumer.
2. Before the distance contract is concluded, the text of these conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before conclusion that the conditions can be inspected at the trader's premises and will be sent free of charge on request as soon as possible.
3. If the contract is concluded electronically, the text of these conditions may be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before conclusion where the conditions can be consulted electronically and that they will be sent free of charge on request.
4. Where specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 apply accordingly and, in case of conflicting conditions, the consumer may always rely on the provision most favourable to them.
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 and/or services offered, detailed enough for the consumer to assess it properly. Images used are a true representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the trader.
3. Every offer contains such information that the consumer's rights and obligations attached to accepting the offer are clear. This concerns in particular:
- the price including taxes;
- any delivery costs;
- how the contract will be concluded and which actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance;
- the period for accepting the offer or for maintaining the price;
- the rate for distance communication, if calculated on a basis other than the basic rate;
- if the contract is archived after conclusion, how the consumer can consult it;
- how the consumer can detect and correct unintended actions before concluding the contract;
- the languages in which the contract can be concluded;
- the codes of conduct to which the trader is subject and how the consumer can consult them electronically; and
- the minimum duration of the distance contract in case of continuous or periodic delivery of products or services.
Article 5 – The contract
1. Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the accompanying conditions.
2. If the consumer accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment, including appropriate security measures for electronic payment.
4. The trader may, within statutory limits, verify whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly concluding the distance contract. If, on that basis, the trader has good grounds not to conclude the contract, they may refuse an order with reasons or attach special conditions to its execution.
5. The trader will send the following information with the product or service, in writing or so that the consumer can store it accessibly on a durable medium:
a. the visiting address of the trader's establishment where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding its exclusion;
c. information on existing after-sales service and warranties;
d. the details included in Article 4(3), unless already provided;
e. the requirements for terminating the contract if it lasts longer than one year or indefinitely.
6. If the trader has undertaken to deliver a series of products or services, the previous paragraph applies only to the first delivery.
Article 6a – Right of withdrawal on delivery of products
1. When purchasing products, the consumer may dissolve the contract without giving reasons for 14 days. This period starts the day after the product is received by or on behalf of the consumer.
2. During this period the consumer will handle the product and packaging with care, unpacking or using it only to the extent needed to assess whether to keep it. When exercising the right of withdrawal, the consumer will return the product with all accessories supplied and — where reasonably possible — in its original condition and packaging, following the trader's reasonable and clear instructions.
Article 6b – Right of withdrawal on provision of services
1. For services, the consumer may dissolve the contract without giving reasons for 14 days from its conclusion.
2. To do so, the consumer follows the reasonable and clear instructions given by the trader with the offer or at the latest on delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, at most the costs of return shipment are at their expense.
2. If the consumer has paid an amount, the trader refunds it as soon as possible and at the latest within 14 days after the withdrawal, provided the product has been received back or the consumer has proven its return.
Article 8 – Exclusion of the right of withdrawal
1. The trader can only exclude the right of withdrawal if clearly stated in the offer, or in any case in good time before concluding the contract.
2. Exclusion is only possible for products:
a. created by the trader to the consumer's specifications;
b. of a clearly personal nature;
c. which by their nature cannot be returned;
d. which spoil or age quickly;
e. whose price depends on financial market fluctuations beyond the trader's control;
f. single newspapers and magazines;
g. audio and video recordings and computer software whose seal the consumer has broken.
3. Exclusion is only possible for services:
a. concerning accommodation, transport, catering or leisure to be performed on a certain date or during a certain period;
b. whose provision began with the consumer's express consent before the reflection period expired;
c. concerning betting and lotteries.
Article 9 – The price
1. During the validity period stated in the offer, prices of the products and/or services offered will not be increased, except for changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where those prices depend on financial market fluctuations beyond the trader's control. This link and the indicative nature of any stated prices are mentioned with the offer.
3. Price increases within 3 months after conclusion of the contract are only permitted if they result from statutory rules or provisions.
4. Price increases from 3 months after conclusion are only permitted if the trader has stipulated this and:
a. they result from statutory rules or provisions; or
b. the consumer is entitled to terminate the contract with effect from the day the increase takes effect.
5. Prices stated in offers include VAT.
Article 10 – Conformity and warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded.
2. A warranty offered by the trader, manufacturer or importer does not affect the rights and claims the consumer may assert against the trader under the law and/or the distance contract in respect of a failure to perform.
Article 11 – Delivery and performance
1. The trader observes the greatest possible care when receiving and executing product orders and when assessing service requests.
2. The place of delivery is the address the consumer has made known to the company.
3. Subject to Article 4 of these conditions, the company will execute accepted orders expeditiously and at the latest within 30 days, unless a longer delivery period was agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer is notified at the latest one month after placing the order and is entitled to dissolve the contract free of charge and to any compensation.
4. In case of dissolution under the previous paragraph, the trader refunds the amount paid as soon as possible, at the latest within 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement article, clearly stating at the latest on delivery that a replacement is supplied. The right of withdrawal cannot be excluded for replacement articles; return costs are borne by the trader.
6. The risk of damage to products rests with the trader until the moment of delivery to the consumer, unless expressly agreed otherwise. Loss of shipments due to incorrectly entered addresses is not included: addresses, postal codes and house numbers entered by the consumer are their own responsibility, and we are not liable for parcels lost through incorrect address details.
Article 12 – Continuing performance contracts
1. The consumer may terminate a contract of indefinite duration at any time, observing the agreed termination rules and a notice period of at most one month.
2. A fixed-term contract runs for at most two years. If tacit renewal was agreed, the contract continues as one of indefinite duration with a notice period after renewal of at most one month.
Article 13 – Payment
1. Unless agreed otherwise later, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, for services, within 14 days after delivery of the contract documents.
2. When selling products to consumers, general conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any right regarding the execution of the order or service before the stipulated advance payment has been made.
3. The consumer must report inaccuracies in payment details provided or stated to the trader without delay.
4. In case of non-payment, the trader has the right, subject to statutory limits, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints
1. The trader has a sufficiently publicised complaints procedure and handles complaints accordingly.
2. Complaints about performance of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints are answered within 14 days from receipt. If a complaint foreseeably requires more time, an acknowledgement is sent within 14 days indicating when a more detailed answer can be expected.
Article 15 – Intellectual property
The buyer expressly acknowledges that all intellectual property rights in displayed information, communications or other expressions regarding the products and/or the website belong to Shipsworld.NL BV, its suppliers or other rightholders.
Article 16 – Personal data
Shipsworld.NL BV will process the buyer's data exclusively in accordance with its privacy policy, observing applicable privacy laws and regulations.
Article 17 – Applicable law and competent court
All offers by Shipsworld.NL BV, its contracts and their performance are governed exclusively by Dutch law, without prejudice to the rights granted to the consumer by the consumer law of their country of residence. Application of the Vienna Sales Convention is expressly excluded.
Article 18 – Links
The Shipsworld.NL BV site may contain third-party advertisements or links to other sites. Shipsworld.NL BV has no influence over and bears no responsibility for the privacy policy of those third parties or their sites.
Article 19 – Your rights
You can always ask Shipsworld.NL BV which of your data is processed, by sending an e-mail. You can also request corrections, additions or other changes by e-mail, which we will process as soon as possible. If you no longer wish to receive information, you can let us know; information is only sent if you have provided your e-mail address for that purpose.
Article 20 – Additional or deviating provisions
Provisions additional to or deviating from these general conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.