Silver Ocean Club, Silver Ocean Seltzer does not provide alcoholic products to persons under the age of 18.
- Silver Ocean Seltzer: Silver Ocean Club, established in Valkenswaard under CoC No. 77718275.
- Client: the person with whom Silver Ocean Seltzer has entered into an agreement.
- Parties: Silver Ocean Seltzer and client together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Silver Ocean Seltzer.
- Parties can only deviate from these terms and conditions if they have explicitly agreed to this in writing.
- Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
- All prices used by Silver Ocean Seltzer are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
- All prices Silver Ocean Seltzer uses for its products or services, on its website or otherwise made known, Silver Ocean Seltzer may change at any time.
- Increases in the cost prices of products or parts thereof, which Silver Ocean Seltzer could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Consequences of not paying on time
- If the client does not pay within the agreed term, Silver Ocean Seltzer is entitled to charge interest of 1% per month from the day the client is in default, whereby a part of a month will be counted as a whole month.
- If the client is in default, he will also owe Silver Ocean Seltzer extrajudicial collection costs and possible damages.
- The collection costs will be calculated on the basis of the Besluit vergoeding voor buitengerechtelijke incassokosten.
- If the client fails to pay on time, Silver Ocean Seltzer may suspend its obligations until the client has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the client, Silver Ocean Seltzer’s claims against the client will be immediately due and payable.
- If the client refuses to cooperate in the execution of the agreement by Silver Ocean Seltzer, he is still obliged to pay the agreed price to Silver Ocean Seltzer.
Right of complaint
- As soon as the client is in default, Silver Ocean Seltzer is entitled to invoke the right of complaint with regard to the unpaid products delivered to the client.
- Silver Ocean Seltzer invokes the right of complaint by means of a written or electronic communication.
- As soon as the client has been informed of the invoked right of complaint, the client must immediately return the products to which this right relates to Silver Ocean Seltzer, unless the parties agree otherwise.
- The costs of retrieving or bringing back the products will be for the account of the client.
RIGHT OF REVOCATION
- A consumer may cancel an online purchase during a 14-day cooling-off period without giving a reason, provided that this is the case:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product specially made or customized for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).
- the seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering order or form of leisure activity
- the product is not a loose magazine or newspaper
- it does not concern (an order for) emergency repairs
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as mentioned in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- once the consumer the first product
- has received with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he is going to purchase digital content via the Internet
- Consumers can exercise their right of withdrawal via firstname.lastname@example.org, if desired using the withdrawal form that can be downloaded from Silver Ocean Seltzer’s website, https://silverocean.club.
- The consumer is obligated to return the product to Silver Ocean Seltzer within 14 days after stating his right of withdrawal, failing which his right of withdrawal will expire.
- The costs for returning the product will only be at Silver Ocean Seltzer’s expense if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Silver Ocean Seltzer will reimburse these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Silver Ocean Seltzer on time.
RIGHT OF SUSPENSION
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
- Silver Ocean Seltzer may invoke his right of retention and in that case keep the client’s products in his possession, until the client has paid all outstanding invoices with respect to Silver Ocean Seltzer, unless the client has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the client still owes Silver Ocean Seltzer payments.
- Silver Ocean Seltzer shall never be liable for any damage the client may suffer as a result of using his right of retention.
Unless the client is a consumer, the client waives his right to set off a debt to Silver Ocean Seltzer against a claim against Silver Ocean Seltzer.
RETENTION OF TITLE
- Silver Ocean Seltzer shall remain the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Silver Ocean Seltzer on the basis of any agreement entered into with Silver Ocean Seltzer, including claims regarding failure to fulfil obligations.
- Until that time Silver Ocean Seltzer may invoke its retention of title and repossess the goods.
- Prior to the transfer of ownership to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
- In the event Silver Ocean Seltzer invokes his retention of title, the agreement shall be considered dissolved and Silver Ocean Seltzer shall be entitled to claim damages, loss of profit and interest.
- Delivery takes place as long as stocks last.
- Delivery will take place at Silver Ocean Seltzer, unless parties have agreed otherwise.
- Delivery of products ordered online will take place to the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Silver Ocean Seltzer has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment there will be a default of the creditor with the result that the client will not be able to object to a late delivery to Silver Ocean Seltzer.
- The delivery times indicated by Silver Ocean Seltzer are indicative and, if exceeded, do not entitle the client to dissolution or compensation, unless the parties have explicitly agreed otherwise in writing.
- The delivery time will commence at the moment the client has completed the (electronic) ordering process and has received an (electronic) confirmation from Silver Ocean Seltzer.
- Exceeding the specified delivery time does not entitle the client to compensation or to dissolve the agreement, unless Silver Ocean Seltzer is unable to deliver within 14 days after being reminded to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless parties have agreed otherwise.
PACKAGING AND SHIPPING
- If the packaging of a delivered product has been opened or damaged, the client must have a note made of this by the forwarder or deliveryman before receiving the product, failing which Silver Ocean Seltzer cannot be held liable for any damage.
- If the client takes care of the transport of a product himself, he must report any visible damage to the products or the packaging to Silver Ocean Seltzer prior to transport, failing which Silver Ocean Seltzer cannot be held liable for any damage.
- If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or delayed purchase of products shall be borne entirely by the customer.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
The client indemnifies Silver Ocean Seltzer against all claims of third parties related to the products and/or services delivered by Silver Ocean Seltzer.
- The client must examine a product or service provided by Silver Ocean Seltzer for any shortcomings as soon as possible.
- If a product delivered or service provided does not meet what the client could reasonably expect from the agreement, the client must inform Silver Ocean Seltzer as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers should inform Silver Ocean Seltzer at the latest within 2 months after observation of the shortcomings.
- In doing so, the client will provide as detailed a description of the shortcoming as possible, so Silver Ocean Seltzer will be able to respond adequately.
- The client must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint concerns work in progress, this can in any case not result in Silver Ocean Seltzer being obliged to perform work other than that agreed upon.
NOTICE OF DEFAULT
- The client must notify Silver Ocean Seltzer in writing of any notice of default.
- It is the responsibility of the client that a notice of default actually (timely) reaches Silver Ocean Seltzer.
JOINT AND SEVERAL LIABILITY CLIENT
If Silver Ocean Seltzer enters into an agreement with several clients, each of them will be jointly and severally liable for the full amounts due to Silver Ocean Seltzer on the basis of that agreement.
LIABILITY SILVER OCEAN SELTZER
- Silver Ocean Seltzer is only liable for any damage suffered by the client if and to the extent that such damage was caused by intent or deliberate recklessness.
- If Silver Ocean Seltzer is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- Silver Ocean Seltzer is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damage to third parties.
- If Silver Ocean Seltzer is liable, this liability is limited to the amount paid out by a (professional) liability insurance taken out and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the client to compensation from Silver Ocean Seltzer expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
RIGHT OF DISSOLUTION
- The client shall be entitled to dissolve the agreement if Silver Ocean Seltzer fails imputably in the fulfilment of its obligations, unless such failure does not justify the dissolution in view of its special nature or minor importance.
- If fulfilment of the obligations by Silver Ocean Seltzer is not permanently or temporarily impossible, dissolution can only take place after Silver Ocean Seltzer is in default.
- Silver Ocean Seltzer has the right to dissolve the agreement with the client if the client does not fully or timely fulfil his obligations under the agreement, or if Silver Ocean Seltzer has become aware of circumstances which give him good reason to fear that the client will not be able to properly fulfil his obligations.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming on the part of Silver Ocean Seltzer in the fulfilment of any obligation towards the client cannot be attributed to Silver Ocean Seltzer in a situation independent of the will of Silver Ocean Seltzer, as a result of which the fulfilment of his obligations towards the client is wholly or partially prevented or as a result of which the fulfilment of his obligations cannot reasonably be demanded of Silver Ocean Seltzer.
- The force majeure referred to in paragraph 1 also includes – but is not limited to – a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure occurs as a result of which Silver Ocean Seltzer is unable to fulfill one or more obligations towards the client, those obligations will be suspended until Silver Ocean Seltzer is able to fulfill them again.
- From the moment that a situation of force majeure has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Silver Ocean Seltzer shall not owe any (damage) compensation in a force majeure situation, not even if it benefits from any advantage as a result of the force majeure situation.
MODIFICATION OF THE AGREEMENT
If, after the conclusion of the agreement for its execution, it appears necessary to amend or supplement its contents, the parties shall amend the agreement accordingly in good time and in mutual consultation.
AMENDMENT OF GENERAL TERMS AND CONDITIONS
- Silver Ocean Seltzer is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at all times.
- Silver Ocean Seltzer will discuss major changes of content with the client as much as possible in advance.
- Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
TRANSFER OF RIGHTS
- Rights of the client from an agreement between the parties cannot be transferred to third parties without the prior written consent of Silver Ocean Seltzer.
- This provision is considered to be a stipulation with property law effect as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
CONSEQUENCES NULLITY OR VOIDABILITY
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is null and void or voidable will be replaced by a provision that comes closest to what Silver Ocean Seltzer had in mind when drawing up the terms and conditions on that point.
APPLICABLE LAW AND COMPETENT COURT
- Any agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where Silver Ocean Seltzer has its registered office / practice / keeps its office is exclusively competent to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drawn up on 01 October 2020.