Terms and Conditions

Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business Owner
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
Article 9 – Obligations of the Business in the Event of Cancellation
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Long-Term Transactions: Term, Termination, and Renewal
Article 15 – 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, the following definitions apply:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the business or by a third party based on an arrangement between that third party and the business;
2. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
3. Consumer: a natural person who is not acting for purposes related to his or her trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Continuing Contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
7. Durable medium: any medium—including email — that enables the consumer or business to store information addressed personally to them in a way that allows for future access or use for a period appropriate to the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
9. Business: a natural or legal person that offers products, (access to) digital content, and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the business and the consumer as part of an organized system for the distance sale of products, digital content, and/or services, in which one or more means of distance communication are used exclusively or in part up to and including the conclusion of the contract;
11. Model Withdrawal Form: the European Model Withdrawal Form included in Appendix I of these terms and conditions. Appendix I need not be made available if the consumer does not have a right of withdrawal with respect to their order;
12. Means of distance communication: a method that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time.

Article 2 – Identity of the Business
Master Yacht Care
Rendementsweg 4C 3641 SK Mijdrecht

Email address: info@masteryachtcare.com
Chamber of Commerce number: 83039368
VAT identification number: NL862701624B01

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant 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 merchant shall, before the distance contract is concluded, indicate how the general terms and conditions may be viewed at the merchant’s premises and that they will be sent free of charge as soon as possible upon the consumer’s 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the consumer’s request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The Offer
1. If an offer is valid for a limited period or is subject to 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 being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the business.
3. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the business will observe appropriate security measures for this purpose.
4. Within the legal framework, the merchant may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the merchant has good grounds not to enter into the contract, the merchant is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its fulfillment.
5. No later than upon delivery of the product, service, or digital content to the consumer, the business shall provide the following information, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
a. the street address of the business’s location where the consumer can file complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information regarding warranties and available post-purchase service;
d. the price of the product, service, or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal
For products:
1. The consumer may withdraw from a contract regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The merchant may ask the consumer for the reason for the withdrawal but may not require the consumer to state their reason(s).
2. The cooling-off period referred to 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 multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The merchant may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order consisting of multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last component;
c. in the case of contracts for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, received the first product.

Article 7 – Consumer Obligations During the Cooling-Off Period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a store.
2. The consumer is only liable for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any loss in value of the product if the merchant failed to provide the consumer with all legally required information regarding the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
1. If the consumer exercises his right of withdrawal, he must notify the business of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the merchant (or the merchant’s authorized representative). This is not required if the merchant has offered to pick up the product themselves. In any case, the consumer is deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant.
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 merchant has not indicated that the consumer must bear these costs or if the merchant states that it will bear the costs itself, the consumer is not required to bear the costs of return shipping.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to its delivery, the consumer did not expressly consent to the commencement of performance of the contract before the end of the cooling-off period;
b. the consumer has not acknowledged that he loses his right of withdrawal upon giving his consent; or
c. the business has failed to confirm this statement by the consumer.
7. If the consumer exercises his right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 – Obligations of the Business in the Event of Withdrawal
1. If the business allows the consumer to submit a notice of withdrawal electronically, it shall send a confirmation of receipt without delay upon receipt of such notice.
2. The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the withdrawal. Unless the merchant offers to pick up the product himself, he may delay the refund until he has received the product or until the consumer provides proof that he has returned the product, whichever occurs first.
3. The merchant will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the merchant is not required to refund the additional costs associated with the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal
The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the merchant has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the business to a consumer who is physically present or is given the opportunity to be physically present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has stated that he loses his right of withdrawal once the business has fully performed the contract;
4. Package tours as defined in Article 7:500 of the Dutch Civil Code and contracts for the transportation of passengers;
5. Service agreements for the provision of accommodations, where the agreement specifies a particular date or period of performance and is not for residential purposes, freight transport, car rental services, or catering;
6. Contracts relating to recreational activities, if the contract specifies a particular date or period for their performance;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on the consumer’s individual choice or decision, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that, for health or hygiene reasons, are not suitable for return and whose seal has been broken after delivery;
10. Products that, by their nature, have been irrevocably mixed with other products after delivery;
11. Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the business has no control;
12. Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he thereby forfeits his right of withdrawal.

Article 11 – The Price
1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the business may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the business has no control. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases occurring 3 months or more after the conclusion of the agreement are permitted only if the business has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract effective as of the day the price increase takes effect.
5. The prices listed in the offer of products or services include VAT.

Article 12 – Performance of the Agreement and Additional Warranty
1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also guarantees that the product is suitable for use other than normal use.
2. Any additional warranty provided by the business, its supplier, manufacturer, or importer shall in no way limit the statutory rights and claims that the consumer may assert against the business under the contract if the business has failed to fulfill its obligations under the contract.
3. “Additional warranty” means any commitment by the business, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obligated to provide in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and Fulfillment
1. The business will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the merchant.
3. Subject to the provisions of Article 4 of these general terms and conditions, the business will fulfill accepted orders with due diligence, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and is entitled to any compensation for damages.
4. Following termination in accordance with the previous paragraph, the merchant will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the business until the moment of delivery to the consumer or to a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 14 – Long-Term Contracts: Term, Termination, and Renewal
Termination:
1. The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to any agreed-upon cancellation rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
– at any time, without being limited to termination at a specific time or during a specific period;
– terminate them at least in the same manner in which they were originally entered into;
– always terminate them with the same notice period that the business has stipulated for itself.
Renewal:
4. A contract entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of dailynewspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate this renewed contract by the end of the renewal period with a notice period of no more than one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer is permitted to terminate the contract at any time with a notice period of no more than one month. The notice period shall not exceed three months if the contract provides for the regular delivery—but less than once a month—of daily newspapers, news publications, weekly newspapers, and magazines.
7. A fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Duration:
8. If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment
1. Unless otherwise specified in the agreement or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, in the absence of a cooling-off period, within 14 days after the agreement is concluded. In the case of a contract for the provision of a service, this period begins on the day after the consumer receives confirmation of the contract.
2. In the sale of products to consumers, the consumer may never be required in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been stipulated, the consumer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the business.
4. If the consumer fails to meet his payment obligation(s) on time, then—after the business has notified him of the late payment and has granted him a 14-day period to fulfill his payment obligations— if payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount, and the business is entitled to charge the extrajudicial collection costs it has incurred. These collection costs are capped at: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The business may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure
1. The business operator has a complaints procedure that has been adequately publicized and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to the business in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the business will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must in any case give the business at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
1. Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.This applies even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 18 – Additional or Deviating Provisions
Any provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable mediummedium.

Appendix I: Sample Withdrawal Form

Model Withdrawal Form

(Please fill out and return this form only if you wish to cancel the agreement)

– To: [business owner’s name]
[business owner’s physical address]
[business owner’s fax number, if available]
[business owner’s email address or electronic address]

– I/We* hereby notify you that I/we* am/are* withdrawing from our contract regarding
the sale of the following products: [aanduiding product]*
the delivery of the following digital content: [aanduiding digitale inhoud]*
the provision of the following service: [aanduiding dienst]*,

– Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

– [Name of consumer(s)]

– [Consumer(s)’ address]

– [Consumer(s) signature(s)] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what does apply.