1 Applicability
1.1 These terms and conditions apply to all agreements, transactions, and/or offers made by JachtXL, registered under Chamber of Commerce number 59513896, or orders resulting from the JachtXL website.
1.2 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products if expressly indicated. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, then, in principle, the provisions of the Additional Terms and Conditions shall prevail over the General Terms and Conditions, unless otherwise specified.
1.3 Deviations from the provisions of these General Terms and Conditions are only permitted if expressly agreed in writing, in which case the other provisions of these terms and conditions will remain in full force.
1.4 If the Buyer also refers to his general terms and conditions, these terms and conditions will not apply unless JachtXL has expressly agreed to them in writing.
1.5 “Buyer” means any visitor to the website or any natural person or legal entity that has or will have a contractual relationship of any kind with JachtXL.
1.6 JachtXL reserves the right to change or supplement these terms and conditions from time to time.
1.7 By using the JachtXL website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.8 JachtXL is authorized to use third parties in the execution of an agreement with the Buyer.
2 Agreements/offers
2.1 An agreement is concluded when payment has been received in full.
2.2 A purchase agreement is only concluded by the sending of the order confirmation by JachtXL to the other party, in response to an order placed by the other party. The order confirmation is sent immediately after the order in the form of an e-mail. This agreement can be revoked by JachtXL if the Buyer does not meet the conditions or has not met them in the past. In that case, the Buyer will inform JachtXL of this within ten (10) days after receipt of the order.
2.3 All offers, communicated in any way whatsoever regarding prices, quotations, delivery times, etc. are entirely without obligation and while stocks last, unless expressly stated otherwise.
2.4 A personalized quotation is valid for two (2) weeks, unless a different term is stated in the quotation.
2.5 If JachtXL has issued a personalized quotation, the quotation must be signed by the Buyer and received by JachtXL.
2.6 Information, images, communications provided orally, by telephone or by e-mail and specifications etc. with regard to all offers and the most important characteristics of the products are given or made as accurately as possible. However, JachtXL does not guarantee that all offers and products are fully in accordance with the information etc. provided. Deviations cannot in principle be a reason for compensation and/or dissolution.
3 Prizes
3.1 All prices in JachtXL are in Euros (€). Payments in other currencies are in principle not accepted.
3.2 Prices stated in JachtXL include 21% VAT and exclude shipping costs.
3.3 Delivery costs are not included in the price. Special rates apply for delivery outside the Netherlands.
3.4 Price and stock information on the JachtXL website may be changed without prior notice.
3.5 Upon receipt of the order and payment by the Buyer, JachtXL will no longer pass on any price change to the Buyer.
3.6 The Buyer owes the price that JachtXL has communicated to it in its confirmation in accordance with article 2.2 of these conditions. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can also be corrected by JachtXL after the agreement has been concluded.
4 Order and Payment Methods
4.1 By placing an order, the Buyer agrees to the General Terms and Conditions of JachtXL.
4.2 To process the order and payment, the Buyer must provide the following information:
– name incl. initials
- address
– telephone number – shipping address – email address
4.3 The Buyer will receive a confirmation of the order by e-mail. JachtXL reserves the right to hold or cancel the order if: – the name and/or address details of the Buyer still need to be verified; – products are temporarily or permanently unavailable; – payment has not been made or has not been made on time. If one of these situations occurs, JachtXL will contact the Buyer as soon as possible (see also article 5, Delivery conditions).
4.4 JachtXL uses two (2) payment methods: –Á cash: The Buyer can collect the order by appointment, and must then pay for it in cash. – Advance payment to bank account in the name of JachtXL: Upon shipment, the Buyer must pay in advance by bank or giro. The order amount can be transferred by bank or giro using a transfer form or electronic banking, stating the order number, bank/giro account and the name of the account holder. The order will be executed as soon as the amount has been credited.
4.5 Since the number of attempted frauds has increased enormously recently, JachtXL checks the address details of the orders very carefully. The telephone number provided must be correct and free e-mail addresses (Hotmail etc.) can also lead to delays. So make sure that the details you enter are correct, then there will be no delays
5 Terms of delivery
5.1 Delivery is always deemed to take place at JachtXL's company, unless otherwise specified. Transport to the Buyer's address is at the Buyer's expense and risk.
5.2 Any insurance costs shall be borne by the Buyer.
5.3 JachtXL will observe the agreed delivery conditions as much as possible. Exceeding these conditions will not make JachtXL liable and will not give any right to cancel the agreement.
5.4 All JachtXL products are usually available from stock. However, it may happen that a product is temporarily out of stock. In that case, the Buyer will be notified of this within 2 weeks and JachtXL will hold the order. This message will also indicate what the expected delivery time will be. If subsequent delivery is not possible, the order will be cancelled and the payment will be refunded immediately.
5.5 Delivery within the Netherlands will take place approximately 7 to 10 working days after payment has been finalised and products are in stock, unless the ordered item is not in stock at either JachtXL or its supplier.
5.6 For deliveries outside the Netherlands, JachtXL will contact the Buyer to make agreements about the delivery method, delivery time and costs.
5.7 JachtXL reserves the right to change these terms of delivery at its own discretion, without being accountable to third parties.
6 Shipments and shipping costs
6.1 Most items can also be shipped provided that the total amount is first transferred to our account in the name of Gerwin Dijkman number
6.2 Shipping costs will be charged to the Buyer.
6.3 Additional costs for preparing the item for shipment will be charged to the Buyer.
6.4 The shipping costs and preparation for shipping are per order, so it is relatively cheaper to order multiple items at once.
6.5 Shipping is via TPG-Post or by courier. For shipping the order, the rates of TPG-Post and courier apply.
6.6 The shipping costs and shipping methods of the order depend on the weight and dimensions of the package, the destination and the preference for priority or standard shipping.
6.7 It is appreciated if the Buyer collects the purchased goods or very fragile items by appointment at the JachtXL site.
6.8 If the Buyer collects the order himself against cash payment by appointment, we will not charge the Buyer any shipping and administration costs.
6.9 Shipments are always at the risk of the Buyer. The choice of the method of shipment and packaging is up to JachtXL. The time of legal delivery is the moment at which the goods leave our company. JachtXL is entitled to make partial deliveries.
7 Packaging
7.1 Damage to packaging is not considered product damage and JachtXL cannot be held liable for damage to packaging due to transport.
8 Exchanges and right of withdrawal
8.1 The Buyer is obliged to inspect the products immediately upon receipt and to report any defects to JachtXL immediately. Returns regarding deliveries must be made to us, preferably in writing, within 7 days after the goods have reached the Buyer. Defects must be reported in writing within 24 hours. The products can only be exchanged in the original packaging and upon presentation of the original invoice/purchase receipt.
8.2 Returns are at the expense and risk of the Buyer and do not grant him any rights.
9 Warranty and Liability
9.1 For products supplied by JachtXL, only the warranty applies as determined by the manufacturer of the product in question. During such a warranty period, JachtXL only fulfils a counter function.
9.2 No warranty applies to damage caused by incorrect use or application of the delivered products.
9.3 JachtXL is not liable for damage or injury to persons caused by incorrect use or incorrect handling of the products, even if this is within the warranty period.
9.4 JachtXLNordic Lifestyle is never obliged to pay any kind of compensation to the Buyer or others, unless there is intent or gross negligence on the part of JachtXL. JachtXL is never liable for consequential or business damage, indirect damage and loss of profit or turnover.
9.5 If JachtXL, for whatever reason, is obliged to compensate any damage, the compensation will never be higher than an amount equal to the invoice value with regard to the product or service that caused the damage.
9.6 Without prejudice to the provisions of this article, there can be no question of warranty if the wear and tear can be considered normal and further in the following cases: - if changes have been made to or in the product, including repairs that have not been carried out with the permission of or the manufacturer JachtXL; - if the original invoice/purchase receipt cannot be presented, has been changed or made illegible; - if defects are the result of use that does not correspond with the intended purpose or improper use; - if damage has been caused by intent, gross negligence or negligent maintenance.
9.7 The Buyer is obliged to indemnify JachtXL against any claim that third parties may make against JachtXL in connection with the performance of the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the Buyer.
9.8 It is possible that its website includes links to other websites that may be interesting or informative for the visitor. Such links are purely informative. JachtXL is not responsible for the content of the website to which reference is made or the use that may be made of it.
9.9 JachtXL is not bound by any other guarantee than that stipulated in this article.
10 Disputes / Applicable law
10.1 All offers and agreements are exclusively governed by Dutch law.
10.2 The applicability of the Vienna Sales Convention is expressly excluded.
10.3 All disputes relating to or arising from offers made by JachtXL or agreements concluded with JachtXL will be submitted to the competent court in Rotterdam, unless the law expressly designates another court as competent.
11 Extrajudicial collection costs
11.1 If we have to incur legal costs due to non-compliance with the agreement by the Buyer, the Buyer is obliged to reimburse us for the costs in full.
12 Force majeure
12.1 In the event of force majeure, JachtXL is not obliged to fulfil its obligations towards the Buyer, or the obligation is suspended for the duration of the force majeure.
12.2 Force majeure is understood to mean any circumstance beyond its control, which prevents it from fulfilling its obligations towards the Buyer in whole or in part. Such circumstances include strikes, fire, operational disruptions, power failures, non-delivery or late delivery by suppliers or other third parties and the absence of any permit to be obtained from the government. Force majeure is also understood to mean disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
13 Property for preservation
13.1 All delivered products remain the property of JachtXL until they have been paid for in full.
13.2 The Buyer may not encumber, sell, deliver, alienate or otherwise encumber the products before ownership thereof has been transferred.
14 Intellectual property
14.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the website are vested in JachtXL, its suppliers or other rights holders.
14.2 Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
14.3 The Buyer is prohibited from using, including making changes to, the intellectual property rights as described in this article, such as reproduction, without the express prior written permission of JachtXL, its suppliers or other rights holders, unless it concerns purely private use in relation to the product itself.
15 Complaints
15.1 All complaints regarding the delivery, quality, condition of the product or any other complaint will be taken seriously by JachtXL.
15.2 Complaints regarding visible defects in delivered products must be reported to JachtXL within 24 hours of receipt, by written confirmation, with a detailed description of the complaint.
16 Privacy Statement
16.1 JachtXL will not make the personal data available to third parties. JachtXL values the trust that the Buyer places in it and will do everything in JachtXL's power to protect the personal information. Upon request, JachtXL will send the registered data to the Buyer.
not make available to third parties. JachtXL values the trust that the Buyer places in it and JachtXLJachtXL will do everything in its power to protect the personal information. Upon request, the registered data will be sent to the Buyer.
17 Privacy guaranteed
17.1 The personal data has been included in JachtXL's customer database so that JachtXL can inform the Buyer about interesting offers. If the Buyer does not wish this, he can let us know via [email protected] with the subject: Stop. Furthermore, JachtXL uses the personal data for the execution of the agreement and risk management. The Buyer has the right to access his data and to have this data corrected.
18 Other provisions
18.1 If individual provisions contained in these General Terms and Conditions should lose their validity in whole or in part, this will not affect the validity of the remaining provisions of these General Terms and Conditions.
19 Address and registration Nordic Lifestyle
19.1 – JachtXL is part of Gerwin Dijkman Address: Henric de cranestraat 14 8374KP Kuinre- The Netherlands.
20 Copyright
20.1 The trade name JachtXL is a registered and filed trade name. All trade names, logos, etc. are the property of JachtXL and of the respective owners who have granted JachtXL the right to use them for commercial purposes.
20.2 The design of the website and all texts, photos, illustrations and graphics used by JachtXL are subject to copyright.
20.3 Copying parts of this page, images and/or use of the product name is prohibited.
20.4 Visitors to the website only have the right to copy images etc. for the purpose of placing an order with JachtXL. Any other use of material on this website, including copying, is strictly prohibited.
20.5 It is not permitted to distribute parts and/or the entire contents of this page on diskette, CD-ROM, DVD or any other medium without the permission of the author/rights holder.
20.6 Where applicable, the copyright of the information provided and made accessible via the links rests with the rights holder of the respective pages. This also applies to all trademarks and logos.
20.7 JachtXL is a registered trade name with the Chamber of Commerce.
21 disclaimer
21.1 The content of the JachtXL website as well as the content of other expressions of JachtXL on the internet has been compiled with the greatest care.
21.2 JachtXL cannot, however, give a 100% guarantee regarding the nature, correctness or content of this information. JachtXL is not liable for any errors or inaccuracies that may occur, or for the consequences of using the information in question.
21.3 The Buyer or visitor of the JachtXL website must convince themselves of the correctness and usability of the information on the website. In case of doubt, the Buyer can contact JachtXL [email protected]
