Terms of service

General Terms and Conditions Floatland Webshop

You can ask for our general conditions on PDF: mailto info@floatlandeurope.com

Table of contents:

Article 1 - Definitions

Article 2 - Identity of economic operator

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the customer during the reflection period

Article 8 - Exercise of the right of withdrawal by the customer and costs thereof

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 – Compliance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Long term transactions: termination and extension and duration

Article 15 – Ordering and payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 - Definitions

For the purposes of these terms and conditions:

Supplementary agreement: an agreement whereby the customer acquires products, digital content and / or services in connection with a distance contract and these items, digital content and / or services are supplied by the operator or by a third party on the basis of an agreement between that third party and the operator;
Withdrawal period: the period within which the customer can exercise his right of withdrawal;
Customer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Business Customer: the person who is acting in the name of his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content during a specific period of time;
Durable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information addressed to him personally in a way that future consultation or use during a period tailored to the purpose for which the information is intended, and that unaltered reproduction of the stored information is possible;
Right of withdrawal: the possibility for the customer to withdraw from the distance contract within the cooling-off period;
Floatland: the entrepreneur who offers products, (access to) digital content and / or services at a distance to customers;
Distance contract: an agreement concluded between the trader and the customer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or jointly use one or more means of distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the customer and Floatland having to be together in the same room at the same time.
General Terms and Conditions: the present Terms and Conditions of Floatland.

Article 2 - Identity of economic operator

Name: Aligned Growth Support, operating under name of Floatland Europe;

Address: Waterlinie 601, 5658 NR Eindhoven, The Netherlands

Telephone: +31 6 181 75 687 (during office hours);

E-mail address: info@floatlandeurope.com

Chamber of Commerce (kvk) number: 9717 25 45;

VAT identification number: NL

Article 3 - Applicability

These general terms and conditions apply to every offer from Floatland and to every distance contract concluded between Floatland and customer.
Before the distance contract is concluded by checking the checkbox, a text of these terms and conditions is available to the customer by a link. If this is not reasonably possible, Floatland will, before the distance contract is concluded, send them free of charge to the customer at the customer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of terms and conditions will be made available electronically to the customer in such a way that the customer can store them in a simple manner on a durable medium.
If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay. approached the tenor of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. Floatland is entitled to withdraw or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer.
If Floatland uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding Floatland. All images, specifications data in the offer are indicative and are subject to stock and changes, updates or improvements. Nothing can lead to compensation or dissolution of the agreement.
Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price excluding taxes;
any shipping costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term within which Floatland guarantees the price;
the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the customer, described in the privacy policy;
the way in which the customer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
that, in addition to English, the agreement can be concluded in Dutch.

Article 5 - The agreement

The conclusion of the agreement is confirmed by Floatland.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, Floatland will take appropriate security measures.
Floatland can, within the legal framework, check whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Floatland has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
Every agreement is made under the suspensive conditions of sufficient availability of the concerning products.

Article 6 - Right of withdrawal

The right of withdrawal only applies to private customers: customers who do not act for purposes related to trade, business, craft or professional activity.

For products:

The customer can revoke one or more items of the purchase agreement without stating reasons during 14 days after confirmation of the agreement. The reflection period starts on the day after receipt of the email from Floatland confirming the agreement. This also applies to agreements for regular delivery of products during a certain period.
During the reflection period, the customer will handle the product and the packaging with care. If the customer subsequently makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original packaging to Floatland, in accordance with the reasonable and clear instructions provided by Floatland. In sealed product packaging, the original seal must not have been broken or removed.
The customer must make known his right of withdrawal via an unambiguous statement by e-mail. After the customer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
Floatland may ask the customer for the reason for withdrawal, but not oblige him to state his reason(s).

For services and digital content that are not provided on a tangible medium:

The customer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium without stating reasons during 14 days after confirmation of the concluded agreement. The reflection period starts on the day after receipt of the email from Floatland confirming the conclusion of the agreement. This also applies to agreements for regular delivery of services or digital services during a certain period.
Floatland may ask the customer for the reason for dissolution, but not oblige him to state his reason(s).

Extended cooling-off period for products, services and digital content that are not delivered on a tangible medium if you do not inform about the right of withdrawal:

If Floatland has not provided the customer with the legally required information about the right of withdrawal, the reflection period will expire three months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If Floatland has provided the customer with the information referred to in the previous paragraph within three months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the customer received that information.

Article 7 - Obligations of the customer during the cooling-off period

During the cooling-off period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.

Article 8 - Exercise of the right of withdrawal by the customer and costs thereof

If the customer makes use of his right of withdrawal, he shall report this to Floatland within the cooling-off period in another unambiguous manner by e-mail.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product.
The customer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Floatland.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
The customer shall bear the direct costs of returning the product.
The customer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
1. he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period prior to its delivery;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. Floatland has failed to confirm this statement from the customer.
If the customer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of Floatland in case of withdrawal

If Floatland receives the notification of withdrawal by the customer by e-mail, it will send a confirmation of receipt after receipt of this notification.
If the customer makes use of his right of withdrawal, at most the costs of return will be for his account.
If the customer has paid an amount, Floatland will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by Floatland.
Floatland uses the same payment method that the customer has used for reimbursement, unless the customer agrees to another method.
If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, Floatland does not have to reimburse the additional costs for the more expensive method.
In the event of damage to the product received back due to careless handling by the customer, the customer is liable for any reduction in value of the product.

Article 10 - Exclusion of right of withdrawal

Floatland can exclude the following products and services from the right of withdrawal, but only if Floatland has clearly stated this in the offer, at least in good time before concluding the contract:

Products or services whose price is subject to fluctuations in the financial markets that are beyond Floatland's control and which may occur within the withdrawal period;
Service agreements, after full execution of the service, but only if:
1. performance has commenced with the explicit prior consent of the customer; and
2. the customer has declared that he loses his right of withdrawal as soon as Floatland has fully performed the contract;
Products made to the customer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision made by the customer, or which are clearly intended for a particular person;
Products which are liable to deteriorate rapidly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken or removed after delivery;
Products which, by their nature, have been irrevocably mixed with other products after delivery;
Sealed audio, video recordings and computer software, of which the seal has been broken or removed after delivery;
The supply of digital content other than on a tangible medium, but only if:
1. the execution has started with the explicit prior consent of the customer; and
2. the customer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

The prices stated in the offer of products or services are exclusive of VAT and exclusive of shipping costs. For customers without a VAT number (natural persons/private purchases), the VAT of the country of final destination is charged. For business customers who provide a valid VAT number and associated invoicing information, the VAT is exempt in all EU countries (except the Netherlands) where this rule applies.
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, Floatland can offer variable prices for products or services whose prices are subject to fluctuations in the financial markets and over which Floatland has no influence. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 1 month after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 1 month after the conclusion of the agreement are permitted and the customer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
All prices are subject to typing errors. No liability is accepted for the consequences of typing errors. In case of typing errors, Floatland is not obliged to deliver the product according to the incorrect price.

Article 12 - Compliance and additional guarantee

Floatland 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 existing on the date of the conclusion of the agreement and /or government regulations. The general guidelines for use and safety regulations must always be followed closely. If agreed, Floatland guarantees that the product is suitable for other than normal use.
The use of products and accessories must always be tested against the guidelines of the manufacturer of the equipment to be treated and the locally applicable legal guidelines.
Any defects or incorrectly delivered products must be reported to Floatland in writing within 2 weeks after delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the product supplied by Floatland corresponds to the manufacturer's warranty period. However, Floatland is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The customer has processed the delivered products himself or has had them processed by third parties, or the customer has used the delivered products incorrectly, or the customer has used the delivered goods other than for which they are exclusively intended;
2. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of Floatland and/or have been treated, used or stored on the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 13 - Delivery and execution

The place of delivery is the address that the customer has made known to the company.
With due observance of what is stated in paragraph 3 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed for more than 30 days, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs. The customer is not entitled to compensation.
All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, Floatland will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, Floatland has the right to make a replacement item available. It will be communicated in a clear and comprehensible manner by e-mail that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Floatland.
The risk of damage and/or loss of products rests with Floatland until the moment of delivery to the customer or a representative designated in advance and made known to Floatland, unless expressly agreed otherwise.

Article 14 – Subscription agreements: termination and extension and duration

Termination:

The customer can terminate a subscription agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and can only be charged a maximum of one month upon notice.
The customer can cancel the above-mentioned agreement
1. at any time and is not limited to cancellation at a specific time or period;
2. at least in the same way as he has entered into the agreement;
3. always with the same notice period as Floatland has stipulated for itself.

Extension:

An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
An agreement that has been 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 customer is allowed to cancel at any time and can only be charged a maximum of one month upon notice.

Duration:

If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year and can only be charged a maximum of one month upon notice, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 – Ordering and payment

Full payment precedes each order. After receipt of full payment, Floatland will send a confirmation email. From then on, the extradition will be processed as soon as possible
The customer has the obligation to immediately report inaccuracies in payment details provided or stated to Floatland.
If the customer does not meet his payment obligation(s) in time, after Floatland has informed him of the late payment and Floatland has granted the customer a period of 14 days to still meet his payment obligations, then the statutory interest will be owed on the amount still owed and Floatland is entitled to charge the extrajudicial collection costs incurred by it. 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, =. Floatland may deviate from the stated amounts and percentages in favor of the customer.
In the event of non-payment by the customer, Floatland also has the right, subject to legal restrictions, not to send the products.

Article 16 - Complaints procedure

The quality of the product, or its packaging, must be checked for conformity within a period of 48 hours after delivery to the customer (correctness, suitability, packaging breakage). Complaints about this must be submitted within this period by e-mail with as detailed a picture as possible of the content of the complaint with (if possible) a photo of the (damaged) item.
If a complaint is found to be well-founded by Floatland, Floatland will replace the delivered products free of charge.
Complaints submitted to Floatland will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Floatland will reply within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
The customer must give Floatland at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

Agreements between Floatland and the customer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the customer is a resident or established abroad.
Disputes arising from an agreement concluded between Floatland and the customer will be handled to the exclusion of any other court by the competent court of the court in the district of Den Bosch, East Brabant.
The Vienna Sales Convention does not apply.

Article 18 - Additional or different provisions

Only the General Terms and Conditions of Floatland apply to this agreement. Different agreements or conditions only apply if they have been expressly accepted in writing by both parties.