general
terms and conditions
General Terms and Conditions of Scheepsstudio
Located at Willem Alexanderstraat 35, 1432 HK, Aalsmeer, Netherlands
+31(0)297 – 547985 CvC 59525509 VAT 823535784B01 info@scheepsstudio.nl
Scheepsstudio is committed to maintaining and protecting its international recognition for providing high-quality products and its commitment to customers and suppliers. These terms and conditions outline the terms under which we provide services or products through Scheepsstudio.nl.
Before ordering products through our website, or directly via e-mail, please read the terms and conditions carefully. These terms and conditions describe who we are, how products will be delivered to you, how we can end the contract with you, what to do in case there is a problem, and other important information. You must agree to these terms and conditions before ordering any product(s) from our website, webshops, or directly via email.
You agree to the terms and conditions when using any of our services, regardless of how or why you subscribe. If you do not agree to the terms, you must not use or subscribe to our services. These terms and conditions apply to you, the user who accesses the website/webshop and its contents, as well as the use of the services provided through it. These Terms and Conditions have been drafted by Scheepsstudio VOF and are applicable to all business transactions with Scheepsstudio.
The purchase of any of the products constitutes the full and complete acceptance of each of the stated Terms and Conditions. These Terms and Conditions are subject to change without prior notice. It is therefore advisable to read their contents carefully before proceeding to purchase the products offered.
Article 1. General
By placing an order and/or taking delivery of products, the buyer accepts these General Terms and Conditions. These conditions always apply to the sale and delivery of our products and their components and are considered an integral part of the purchase agreement. Any deviations from these conditions are only valid if Scheepsstudio has accepted them in writing.
Article 2. Formation of purchase agreement and cooperation
- A purchase agreement between Scheepsstudio and the buyer is only realised when Scheepsstudio accepts the order within eight days after receipt, confirmed by an authorised person of both parties, including any changes. For this purpose, Scheepsstudio sends an order confirmation. If no objection is received within eight days after receipt of our order confirmation, it is considered as fully approved by the buyer.
- An agreement is valid under the condition that the buyer is assessed as creditworthy. Scheepsstudio reserves the right to terminate the cooperation if a reseller fails to meet the payment obligations.
Article 3. Prices
- Unless otherwise stated, all quotations by Scheepsstudio are without obligation and are subject to price changes. Any discounts given by Scheepsstudio are valid only once and do not bind Scheepsstudio in the case of a follow-up order or later agreement, unless explicitly agreed otherwise.
- Prices are quoted in Euros (€), and any applicable exchange rate changes will be passed on.
- Prices are exclusive of VAT, import duties, insurance, and other taxes, levies, and duties.
- If cost prices, import or export duties, insurances, or other taxes change after the offer or order confirmation due to an agreement or legal regulation, we reserve the right to adjust the mentioned prices.
- We charge € 10, excluding VAT, per transport within the Netherlands. For transports outside the Netherlands, a quotation will be provided in advance.
- For packages with special dimensions or weight, actual transport costs may be charged. Scheepsstudio will always announce this in advance.
- Unless otherwise stipulated by law, we cannot guarantee that images and technical data in our price lists are accurate. Of course, Scheepsstudio strives to inform the buyer immediately if a change is applicable.
Artikel 4 Delivery and delivery time
- Fast Shipping: Products in stock at Scheepsstudio will leave our warehouse as soon as possible, usually on the day of the order. Normal transit time is 1-2 days, except for unforeseen circumstances.
- For shipments outside the Netherlands and/or for expedited orders, a quotation and estimated delivery time will be provided in advance. These costs will be charged to the buyer upon agreement by Scheepsstudio.
- Dropshipment: Upon request, we can deliver directly to an end user, optionally with a packing slip from the buyer/retailer. Contact and responsibilities of the end-user remain the responsibility of the reseller. Prepayment of products and transport costs for new resellers is required, unless otherwise agreed with Scheepsstudio.
- We also offer direct delivery on board. Please include the name of the port, the contact person, and the boat in the delivery address to ensure accurate delivery.
- Tracking: Once we hand over the parcel to our transport partner, the buyer (or the end user, if desired) will receive an email with the tracking number. This allows you to track the status of the package at any time.
- Global shipping: Together with transport partners, we have extensive experience in shipping to destinations all over the world.
- The delivery period takes effect after realisation of the agreement, after Scheepsstudio disposes of all documents and data to be provided by the buyer and after any amount to be paid in advance has been received by Scheepsstudio or security for payment has been provided on behalf of Scheepsstudio.
- Insofar as the law does not imperatively provide otherwise, exceeding the delivery time, for whatever reason, shall not give the buyer any right to compensation.
- Scheepsstudio reserves the right to deliver in parts. In such a case, each delivery will be regarded as a separate transaction. Part-deliveries can be invoiced separately. In case of partial deliveries, Scheepsstudio will always inform the buyer first.
- The stated delivery time is approximate, unless otherwise agreed in writing. Exceeding shall not oblige Scheepsstudio to compensate and shall not entitle the reseller to additional compensation, dissolution, or suspension of obligations. If exceeded, Scheepsstudio shall set a new delivery date in consultation with the reseller; otherwise the buyer may dissolve the agreement without any right to compensation.
- In case of delay in order execution due to factors beyond our control, such as war, strike, import or export ban, shortage of raw materials, labour shortage, or natural disasters, we reserve the right to cancel the contract without judicial intervention. No compensation will be due. Alternatively, we may extend the delivery time by a period equal to the duration of the delaying causes, even if they were foreseeable at the time of the offer or order confirmation, unless otherwise stipulated by law.
- The buyer is obliged to take delivery of the goods as soon as they are offered by Scheepsstudio. All costs and damages incurred by Scheepsstudio as a result of non-acceptance by the buyer of (a part of) the goods ordered by the buyer, shall be at the expense and risk of the customer, including storage and/or return costs.
- Except in the cases excepted by mandatory law, we have the right to cancel the contract without judicial intervention if our suppliers change their conditions after our order confirmation. We also retain this right if, for whatever reason, the goods we had intended for delivery are destroyed or damaged to such an extent that they are no longer suitable for delivery.
Article 5 Guarantee and Complaint Handling
- The guarantee for (parts of) products of the respective supplier/manufacturer, delivered by Scheepsstudio, is limited to the guarantee obtained by Scheepsstudio from the supplier/manufacturer.
- The guarantee is limited to free repair of any defects in the delivered or free delivery of new parts or where necessary product(s). Scheepsstudio shall never be liable for any damage suffered by the buyer as a result.
- Unless otherwise prescribed by mandatory law, complaints about the delivered goods must be submitted to us in writing within eight days of delivery at the latest, clearly stating the reasons and stating the date and number of the invoice concerned.
- The goods complained about must remain at our disposal and inspection.
- Complaints shall not entitle the reseller to suspend payments. Settlement is excluded.
- If the buyer fails to meet any obligation under the agreement concluded with Scheepsstudio or fails to do so on time, any right to warranty lapses.
- Upon delivery, the buyer must immediately inspect the delivered product and its packaging for any shortcomings or damage. Any damage or shortcomings must be reported immediately, within 8 days after delivery, so that we can act appropriately in case of a possible return.
- Returning goods is only possible after permission from Scheepsstudio, by means of a completed RMA form and assigned RMA number. Returned goods must be packed in the original packaging.
- Returned goods will only be accepted if they are, undamaged, in the original packaging and suitable for resale.
- Products that have been ordered especially for the retailer/end user or that we do not keep in stock as standard, cannot be returned.
- We reserve the right to charge 15% of the invoice value for returned products as an administration fee.
Artikel 6 Protection of rights
- Catalogues and/or visual materials, texts, price lists, etc., made available by Scheepsstudio that may be subject to any industrial, intellectual property, and trademark rights, or rights equivalent to these, shall remain the property of Scheepsstudio or the relevant trademark represented by us. These documents may not be copied by the reseller, provided to third parties for inspection, or used in any way other than agreed upon, without the written consent of Scheepsstudio. They must be promptly returned upon Scheepsstudio’s request.
- In the case of manufacturing items based on visual materials, models, samples, or other instructions in the broadest sense of the word received from the buyer, the buyer assumes full responsibility to guarantee that the manufacture and/or delivery of these items do not infringe upon any trademark, patent, utility or trade model, or any other rights of third parties. The buyer shall indemnify Scheepsstudio against all claims by any party in this regard.
Artikel 7 Property
- In case of non-payment, suspension of payment, bankruptcy, application for a moratorium, receivership, death, or liquidation of the buyer, or in case of fear of breach of contract, Scheepsstudio may rescind the order without notice of default and judicial intervention. It shall have the right to reclaim and set off any goods already delivered but not paid for based on its own assessment. Any compensation for loss or damage shall be retained. In these cases, any claim is immediately due and payable, and the buyer must facilitate the take-back, with the costs being borne by it.
- The buyer may not sell, encumber with restricted rights, or pledge the goods subject to retention of title. Nor may they serve as security for the claim of third parties. The buyer shall, however, be entitled to sell and transfer the goods delivered under retention of title to third parties in the normal course of its business.
- The buyer shall be obligated to insure the goods against normal business risks, including fire, water damage, and theft, during the reserved property period.
- The buyer is not entitled to retain the goods.
- The buyer is not permitted to modify the products delivered by Scheepsstudio in whole or in part, provide them with different packaging, or subsequently offer them for sale under the name of the reseller or third parties.
Artikel 8 Payment
- Payment of the invoice issued by Scheepsstudio shall be made – without set-off or compensation – within the period stated on the invoice by transferring the amount to the bank account indicated by Scheepsstudio.
- In the event that the buyer fails to pay the due amount within the specified period, Scheepsstudio may claim the statutory interest for commercial transactions, which is 12.5% as of January 1, 2024.
- In the event of non-payment (or late payment) of the amount due and furthermore, in the case of the suspension of payment or bankruptcy of the buyer, Scheepsstudio can, without notice of default, dissolve the agreement entirely or partly out of court.
- If Scheepsstudio is compelled by the buyer to seek legal assistance in connection with a dispute relating to an agreement concluded between them, the buyer shall – in the event that he is wholly or partly ruled against by the court – owe the costs associated with the legal assistance, which costs shall be 12.5% of the amount due with a minimum of € 250.00 excluding VAT to be increased by the actual out-of-pocket expenses incurred.
- If Scheepsstudio has concluded several (separate) purchase agreements with a buyer, it retains the right to suspend all deliveries that are due until the buyer has fully complied with all his financial obligations towards Scheepsstudio. Each delivery shall in this context be regarded as a separate agreement.
- Ownership of the product shall only be transferred to the reseller at the moment the latter has (fully) fulfilled all his (financial) obligations towards Scheepsstudio.
- New customers of Scheepsstudio must pay the invoices in advance during the first six months, counting from the day of the first order. Unless otherwise agreed.
- Unless otherwise agreed in writing, payment shall be made within 30 days of the invoice date without deduction or set-off. Payment shall be made into the bank account of Scheepsstudio.
- Filing complaints does not suspend the buyer’s payment obligations.
The realisation, validity, interpretation and/or execution of an agreement between Scheepsstudio and the buyer will be judged according to Dutch law.
Documented in Aalsmeer, January 2024