2. APPLICABILITY

2.1 These General Terms and Conditions (hereinafter: “Terms”) apply exclusively to all offers, orders, and agreements of the store as well as the webshop, to the exclusion of any other general terms and conditions.

2.2 Acceptance of an offer or placing an order implies acceptance of these Terms by the counterparty.

2.3 Deviations from these Terms are only valid if agreed in writing, in which case the other provisions remain fully in force.

2.4 All rights and claims as stipulated in these Terms and in any further agreements in favor of the webshop and the store are equally stipulated in favor of intermediaries and other third parties engaged by the store and/or webshop.

3. OFFERS

3.1 All offers from both the store and the webshop are non-binding, and Waterman Sport expressly reserves the right to change prices, in particular when required by statutory provisions.

3.2 An agreement is only concluded after acceptance of the order by the webshop or the store. Waterman Sport reserves the right to refuse orders or to attach certain conditions to the delivery, unless expressly agreed otherwise. If an order (via the webshop or otherwise) is not accepted, Waterman Sport will notify the counterparty by email/in writing within ten working days after receipt of the order.

4. PRICES AND PAYMENTS

4.1 The stated prices for the products and services offered are in euros, including VAT, and excluding handling and shipping costs as well as any insurance, taxes, or other charges, unless otherwise stated or agreed in writing.

4.2 Payment must be made without discount or set-off. Delivery will only take place after full payment of the invoice amount: in cash and/or by debit card in the store, or in the webshop by transfer to the account number provided during the ordering process and/or on invoice, within fourteen days of the invoice date.

4.3 If prices for the offered products and services increase in the period between the order and execution thereof, the counterparty has the right to cancel the order.

5. DELIVERY

5.1 The delivery times stated by the webshop are indicative only. Exceeding any delivery period does not entitle the counterparty to compensation, nor to cancel the order or dissolve the agreement, unless the delay is such that the counterparty cannot reasonably be required to maintain the agreement. In that case, the counterparty has the right to cancel the order or dissolve the agreement to the extent necessary.

5.2 Delivery of the products takes place at the place and time at which the products are ready for shipment to the counterparty. Delivery takes place exclusively to the front door at ground level.

6. RETENTION OF TITLE

6.1 Ownership of the delivered products only passes to the counterparty once all amounts due under any agreement with Waterman Sport have been paid in full. The risk regarding the products passes to the counterparty at the time of delivery.

7. RENTAL/SERVICE

7.1 In addition to sales, Waterman Sport also rents skis, snowboards, skates, inline skates, ski luggage boxes, roof racks, and bicycle racks to individuals, schools, and companies, all in the broadest sense of the word.

7.2 At the start of the rental, the counterparty must ensure that the rented goods from Waterman Sport are in good condition and free from defects. After this inspection at delivery, Waterman Sport accepts no liability, other than liability imposed by law and reasonably attributable.

7.3 After inspection in accordance with Article 7.2, the counterparty is fully liable for any loss and/or damage to the goods supplied by Waterman Sport during the rental period.

7.4 If rental goods are ordered, the counterparty may cancel free of charge up to one week before delivery.

7.5 If cancellation occurs less than one week before delivery/rental, the counterparty owes Waterman Sport cancellation costs equal to 20% of the rental price excluding VAT, which will be invoiced.

7.6 For the rental of ski luggage boxes, roof racks, and bicycle racks, the counterparty may request Waterman Sport to install them, or Waterman Sport may install them for reasons of service and safety. After installation, the counterparty must ensure compliance with safety standards and traffic regulations of the country of travel. After installation, Waterman Sport accepts no liability other than liability imposed by law and reasonably attributable.

7.7 Rental fees are non-refundable, even if skates are rented within half an hour before closing time.

8. MAINTENANCE/REPAIR

8.1 In addition to sales and rental, Waterman Sport also maintains and repairs skis and skates, in the broadest sense of the word. See also www.skislijpen.nl

8.2 After maintenance or repair, the counterparty must ensure that the service/repair has been properly performed and that the products are in good condition. After maintenance or repair, Waterman Sport accepts no liability other than liability imposed by law and reasonably attributable.

9. CLAIMS AND LIABILITY

9.1 The counterparty is obliged to check upon delivery whether the products conform to the agreement. If not, the counterparty must notify Waterman Sport as soon as possible, but in any event within seven working days after delivery, or within a reasonable time after discovery, in writing and with reasons.

9.2 If it has been demonstrated that the products do not conform to the agreement, the counterparty may choose to have the products replaced by new ones upon return, or to receive a refund of the invoice value.

9.3 If the counterparty does not wish to accept a product for any reason, they may return it to Waterman Sport within seven working days of delivery. Returns are only accepted if the product packaging is undamaged and any seal has not been broken. The costs of return shipments are borne by the counterparty. Products without packaging must be returned in the same condition as delivered. Dirty and/or damaged goods will not be accepted.

9.4 Products from Waterman Sport are covered only by the manufacturer’s warranty in accordance with the suppliers’ terms and conditions.

9.5 Waterman Sport limits its liability at all times to an amount equal to the value of the goods supplied.

10. ORDERS/COMMUNICATION

10.1 Waterman Sport is not liable for misunderstandings, mutilations, delays, or the improper transmission of orders and communications resulting from the use of the internet or any other communication medium between the counterparty and Waterman Sport (or third parties), unless there is intent or gross negligence on the part of Waterman Sport.

11. FORCE MAJEURE

11.1 Without prejudice to its other rights, in the event of force majeure Waterman Sport is entitled, at its own discretion, to suspend performance of the order or to dissolve the agreement without judicial intervention, by written notice, and without being obliged to pay any compensation, unless this would be unacceptable in the circumstances according to standards of reasonableness and fairness.

11.2 Force majeure shall mean any failure not attributable to Waterman Sport, because it is not due to its fault and is not for its account under the law, legal act, or generally accepted practice.

12. MISCELLANEOUS

12.1 If the counterparty provides Waterman Sport with an address in writing, Waterman Sport is entitled to send all orders to that address, unless the counterparty provides Waterman Sport with a different address in writing.

12.2 If Waterman Sport has allowed deviations from these Terms, whether for a short or longer period and tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with these Terms at any time. The counterparty can never derive any rights from the fact that Waterman Sport applies these Terms leniently.

12.3 If one or more provisions of these Terms or any other agreement with Waterman Sport conflict with any applicable legal provision, the provision in question will lapse and be replaced by a new legally permissible provision determined by Waterman Sport.

12.4 Waterman Sport is authorized to use third parties in the execution of orders.

13. APPLICABLE LAW AND COMPETENT COURT

13.1 All rights, obligations, offers, orders, and agreements to which these Terms apply, as well as these Terms themselves, are governed exclusively by Dutch law.

13.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

14. FILING

14.1 These general delivery and payment terms and conditions are filed with the Chamber of Commerce in Amsterdam.

GENERAL TERMS AND CONDITIONS OF THE WATERMAN SPORT GIFT CARD

1. The gift card is valid for 3 years after issue.
2. Can be used for the entire Waterman Sport and Skipoint range.
3. Can be used for service and maintenance.
4. Can be used at Waterman Sport and Skipoint locations and in the Waterman Sport webshop.
5. The balance of the gift card can be spent in parts.
6. In case of damage or loss, no replacement card will be issued.
7. The balance of the gift card cannot be exchanged for cash.
8. The gift card cannot be exchanged and will not be taken back.
9. Only the original gift card is valid and usable.
10. Not valid for skate leasing, not valid at Smartskate.