General conditions of webshop
Grondenco Limited Partnership
Margareta van de Vaghevierelaan 1, 9992 Middelburg
+32 475 79 59 15
0649 786 568
VAT BE 0649 786 568
RPR [Register of Legal Entities] of Ghent
EBS Services SARL
7 Rue des Cerisiers,
+33 6 88 03 23 41
SARL [Limited Liability Company] with capital of 100,000 Euro
RSC [Company and Trade Register] Niort 822 118 253
VAT FR 82 822 118 253
Article 1: General provisions
The e-commerce website of Sailwell, a limited partnership with corporate headquarters at Margareta van de Vaghevierelaan 1, 9992 Middelburg, VAT BE 0649 786 568 RPR Ghent, (hereinafter 'Sailwell') offers its customers the opportunity to purchase products from its webshop online.
The present General Conditions ("Conditions") are applicable to every order placed by a visitor to this e-commerce website (“Customer”). In placing an order via the Sailwell webshop, the Customer must expressly accept these Conditions, whereby he agrees to the applicability of these Conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded except when they have been expressly accepted in writing in advance by Sailwell.
Article 2: Price
All indicated prices are expressed in EURO; gift vouchers always include VAT and all other fees or taxes that must be borne by the Customer. The prices of the packages and services always exclude VAT (21%) (20% France).
If delivery, reservation or administrative costs are charged, this is listed separately. Gift vouchers are sent free of charge within Europe. For countries outside Europe a flat fee of 5 Euro including VAT is charged.
The price quoted refers exclusively to the item as it is described in writing. The accompanying photos are intended to be decorative and may contain items that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website have been composed with the greatest possible care, it is possible that the information provided is incomplete, contains material errors, or is not up-to-date. Manifest mistakes or errors in the offer do not commit Sailwell. Sailwell is only committed to an obligation of means with regard to the accuracy and completeness of the information provided. Sailwell is under no circumstances liable in the event of manifest material errors, typesetting errors or printing errors.
If the Customer has specific questions about e.g. sizes, colour, availability, delivery period or method of delivery, we ask that the Customer contact our customer service in advance.
The offer remains valid as long as supplies last, and can be modified or revoked by Sailwell at any time. Sailwell cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is valid under certain conditions, this is expressly stated in the offer.
Article 4: Online purchases
A gift voucher can be purchased by choosing the gift voucher by value on the Sailwell website. The bronze package and the storm check package can also be purchased online, as these are fixed prices for all yachts, but you should log in first so that we have sufficient data to enable us to perform the service.
The Customer can choose from the following payment methods:
• by credit card
• by bank card
• by bank transfer to account number BE73 7340 4245 2360 (All countries except France)
• by bank transfer to account number FR76 3002 7175 3300 0201 2590 257 (France).
Sailwell is entitled to refuse an order in the event of a serious deficiency of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and implementation of the agreement
Services are performed according to the period booked; see www.sailwell.eu for more information.
Gift vouchers ordered via this webshop are delivered to all countries; however, service can only take place in the ports listed on the website www.sailwell.eu.
Gift vouchers are delivered by post.
Unless otherwise agreed or expressly otherwise specified, gift vouchers are delivered to the Customer’s residence within 30 days after the order is received.
Any visible damage and/or qualitative deficiency in an item or other deficiency in the delivery must be reported to Sailwell by the Customer without delay.
The risk of loss or damage is transferred to the Customer as of the time he (or a third party designated by him who is not the carrier) has taken physical possession of the goods. However, the risk is already transferred to the Customer upon delivery to the carrier if the Customer’s carrier has received the assignment to transport the goods and this choice was not offered by Sailwell.
Article 6: Retention of title
The items delivered remain the exclusive property of Sailwell until the time of payment in full by the Customer.
The Customer undertakes to indicate to third parties the retention of title by Sailwell as necessary, e.g. to anyone who might levy an attachment on the not yet fully paid items.
Article 7: Right of withdrawal
The provisions of this article hold only for Customers who purchase items online from Sailwell in their capacity as consumer.
The Customer can never revoke a gift voucher; likewise, a service that has been paid for online can never be revoked.
Services or packages: "If the Customer has asked to have performance of services begin during the withdrawal period, the Customer pays an amount proportional to that for the services that were already provided at the time that he informed us that he was revoking the agreement, compared to complete implementation of the agreement."
If the Customer revokes the service or package, Sailwell will refund all the payments received from the Customer up to that time for the services or packages that have not yet been performed to the Customer within a maximum of 14 calendar days after Sailwell has been informed of the Customer’s decision to revoke the service or package. For sales agreements, Sailwell can wait to refund until it has recovered all the goods, or until the Customer has demonstrated that he has returned the goods, whichever occurs first.
Any extra costs due to the Customer’s choice of a method of delivery other than the least expensive standard delivery offered by Sailwell are not refunded.
Sailwell repays the Customer by bank transfer or by the same payment method as that with which the Customer conducted the original transaction, unless the Customer has expressly agreed otherwise; in any case the Customer shall be charged no costs for such a refund.
The Customer cannot exercise the right of withdrawal for:
• service agreements, after the service has been fully performed;
• delivery or provision of goods or services the price of which is subject to fluctuations in the financial market over which Sailwell has no influence and that may occur within the withdrawal period;
• delivery of goods produced according to specifications of the Customer, or that are clearly intended for a specific person;
• delivery of goods that perish quickly or have a limited shelf life;
• delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and which are unsealed after delivery;
• delivery of goods that are inseparably mixed with other products after delivery by their nature;
• gift vouchers;
• agreements in which the Customer has specifically asked Sailwell to visit him to carry out urgent repairs or maintenance there;
• delivery of newspapers, journals or magazines, with the exception of agreements for a subscription to such publications;
• provision of accommodations other than for residential purposes, goods transport, car rental services, catering and services relating to leisure, if a certain date or period for performance is provided in the agreements;
• delivery of digital content that is not provided on a tangible medium, if performance thereof is begun with the express prior permission of the Customer and provided that the Customer has acknowledged that he loses his right of withdrawal in doing so (e.g. downloading music, software);
• agreements for services for bets and lotteries.
Article 8: Guarantee
Under the law of 21 September 2004 on consumer protection in the sale of consumer goods, the consumer has legal rights. This legal guarantee holds as of the date of delivery to the first owner. Any commercial guarantee leaves these rights intact.
To apply the guarantee, the Customer must be able to present a proof of purchase. Customers are advised to keep the original packaging of the goods.
For items that have been purchased online and delivered to the Customer at home, the Customer should contact the Sailwell customer service and return the item to Sailwell at his own expense.
If a defect is detected the Customer should inform Sailwell as soon as possible. In any event any defect should be reported within a period of two weeks after it is detected by the Customer. Any right to repair or replacement lapses thereafter.
The (commercial and/or legal) guarantee is never applicable to defects that arise due to accidents, negligence, falls, use of the item for purposes other than those for which it was designed, failure to comply with the user instructions or manual, adjustments or alterations to the item, harsh use, poor maintenance, or any other abnormal or incorrect use.
Defects that become apparent after a period of 4 weeks following the date of purchase or delivery, as the case may be, are deemed not to be latent defects in the absence of proof to the contrary by the Customer.
Article 9: Customer service
The Sailwell customer service can be reached at telephone number +32 475 79 59 15, via e-mail at email@example.com, or by post at the following address: Sailwell, Margareta van de Vaghevierelaan 1, 9992 Middelburg, Belgium.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that Sailwell has, in the event of non-payment or late payment as of the due date the Customer is liable, by operation of law and without prior notice, to pay an interest of 1% per month or part-month, where any month commenced counts as a full month. Moreover, the Customer, by operation of law and without prior notice, owes a fixed compensation of 10% of the amount concerned, with a minimum of 50 euro per invoice, without prejudice to any other collection and/or legal costs. In the event that one invoice is unpaid by its due date, this automatically makes payable all invoices of a later date, even if a different due date is indicated on these invoices.
Without prejudice to the foregoing, Sailwell reserves the right to recover items not (fully) paid for.
Article 11: Impairment of validity – non-waiver
If a provision of these Conditions is declared invalid, unlawful or null and void, this shall in no way impair the validity, legality and applicability of the other provisions.
The failure of Sailwell to enforce one of the rights enumerated in these Conditions at any time, or to exercise any right herein, shall never be viewed as a waiver of such a provision and shall never impair the validity of these rights.
Article 12: Change in conditions
These Conditions are supplemented by other conditions to which explicit reference is made, and the general sale conditions of Sailwell. In the event of conflict, the present Conditions take priority.
Article 13: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 14: Applicable law – Disputes
Belgian law is applicable, with the exception of the provisions of private international law with regard to applicable law.
The courts of the Consumer’s domicile are competent in legal disputes. The Consumer can also make use of the ODR platform (http://ec.europa.eu/consumers/odr/).
APPENDIX 1: STANDARD FORM FOR REVOCATION
Dear Customer, you should fill in and return this form only if you want to revoke the agreement.
To Sailwell, Margareta van de Vaghevierelaan 1, 9992 Middelburg – firstname.lastname@example.org:
I/We () hereby inform () you that I/we () revoke our agreement regarding the sale of the following goods/provision of the following service () (*):
Ordered on ()/Received on ():
Name/Names of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(*) Delete as appropriate.