General Terms and Conditions

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Cooling-off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Entrepreneur's Obligations in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
  7. Durable data carrier: any means - including email - that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
  11. Return form for withdrawal: the European return form for withdrawal included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal for their order;
  12. Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously present in the same room.


Article 2 - Identity of the Entrepreneur

Name of entrepreneur: Hart Beach Surfshop
Trade name: Hart Nederland B.V.
Registered address: Vissershavenweg 55b, 2583DL ‘s-Gravenhage

Phone number: +31 (0) 70 3502591 Monday to Friday between 10:00 - 18:00
Email address: shop@hartbeach.nl
Chamber of Commerce number: 27117944
VAT identification number: NL008374600B01

Article 3 - Applicability

  1. 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.
  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 not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge 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 to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise, upon the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.


Article 4 - The Offer

  1. If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. 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 products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set thereby.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
  5. The entrepreneur will, at the latest upon delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

    a. the visiting address of the entrepreneur's establishment 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 about guarantees and existing after-sales service;
    d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

  6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of Withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

    a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
    b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
    c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

    For services and digital content not supplied on a tangible medium:

  3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
  4. The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
  5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
  6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Consumer's Obligations During the Cooling-off Period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a store.
  2. The consumer is only liable for any diminished value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the return form for withdrawal or by any other unambiguous means.
  2. As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
  3. The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.
  6. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:

    a. they have not explicitly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
    b they have not acknowledged losing their right of withdrawal by giving their consent; or
    c. the entrepreneur has failed to confirm this declaration from the consumer.

  7. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

 

Article 9 - Entrepreneur's Obligations in Case of Withdrawal

  1. If the entrepreneur enables the consumer's notification of withdrawal electronically, they will send an immediate confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments from the consumer, minus any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
  3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period; Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  2. take delivery of;
  3. Service agreements, after full performance of the service, but only if:

    a. the performance has begun with the consumer's explicit prior consent; and
    b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
  5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and for purposes other than residential, goods transport, car rental services and catering;
  6. Agreements relating to leisure activities, if a specific date or period for the performance thereof is provided for in the agreement;
  7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
  10. Products that are irrevocably mixed with other products after delivery due to their nature;
  11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  12. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  14. The supply of digital content other than on a tangible medium, but only if:

    a. the performance has begun with the consumer's express prior consent; and
    b. the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

    a. these are the result of legal regulations or provisions; or
    b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

  5. The prices mentioned in the offer of products or services include VAT.

 

Article 12 - Performance of the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
  3. Extra guarantee means any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

 

Article 13 - Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 14 - Duration transactions: duration, termination and extension

Termination:

  1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    - at any time and not be limited to termination at a specific time or in a specific period;
    - at least in the same way as they were entered into by him;
    - always with the same notice period as the entrepreneur has stipulated for himself.

    Extension:
  4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
  5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in cases where the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period. Duration:
  8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer does not meet his payment obligation(s) on time, he will, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, owe the statutory interest on the amount still due after payment is not made within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the next € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

 

Article 16 - 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 execution of the agreement must be submitted to the entrepreneur fully and clearly described 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 foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.


Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

 

Article 18 - 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 laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.