Preface-Applicability

These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will before the distance contract is concluded, which the General conditions at the entrepreneur and that at the request of the consumer as quickly as possible be sent free of charge.

If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can easily stored on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer's request, by electronic means or otherwise will be sent free of charge.

In addition to these general conditions specific product or service conditions apply, the secondand third paragraph apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.

 

Article 1-pre-contractual information

The consumer shall be informed of the fact that the op Www.powerwatersport.nl items for sale new are, in accordance with the applicable European legislation and the standards that apply in Europe. Power water sports does not sell used items through the website.

By the current general terms and conditions of sale to tick recognizes the consumer:

  • To have full decision-making power or to have the permission of the competent person before placing an order at the Power water sports;
  • Taking note of the present general conditions of sale and of the essential characteristics of the items that he orders; the essential characteristics are indicated on the technical data sheet of the articles on the website; in this respect, clarifies Power water sports that the pictures of the items that were on Www.powerwatersport.nl are offered for sale as faithfully as possible, but that they do not guarantee perfect resemblance to the items offered; the pictures on Www.powerwatersport.nl theyn so purely indicative and Power water sports can not be held liable.

If the consumer feels that he is insufficiently is capable of (the) article (s) that (which) is (are) the most appropriate for him to choose, he is to be assisted by a chosen Advisor. In each case, the consumer has the ability to contact by e-mail/phone Power water sports in order to obtain additional information about the items on Www.powerwatersport.nl stand.

Article 2-Order

2.1. Recording of the order

Consumers can order only through www.powerwatersport.nl.

Power water sports the consumer wishes to point out that the online order via Www.powerwatersport.nl is secure. Power water sports wishes also to point out that when the consumer, in the event of online order via the website, be typed wrong or incomplete data (especially the address of the addressee) this can lead to errors in the execution of the order (mostly in the delivery) for which the Power water sports in no case can be held liable.

The consumer should carefully, confirm that the following information is correct: ordered article (s), quantity ordered and delivery address of the order.

2.2.Order confirmation

If Power water sports the order accepts, she make known that acceptance by sending an order confirmation to the email address of the consumer.

Power water sports reserves the right to, with legitimate reason, to refuse a consumer's order, in accordance with the relevant legislation.

2.3. Cancellation of the order

2.3.1 Cancellation of the order by Power water sports

An order can be cancelled at any time by Power water sports in the case of:

  • Unavailability of the article (s) and/or inability to deliver the service (s) for which a service order was posted;
  • Lack of payment by the consumer of the price of the order within the period allowed, as referred to in article 4.1;
  • Force majeure (i.e. unforeseen delay in deliveries or incorrect deliveries by the suppliers).

Unavailability of the ordered article (s) Although Power water sports is doing everything possible to deliver the articles mentioned on the order confirmation, however, ordered items or services are not supplied to the consumer can be because, for example, large fluctuations in the stock allow not the absolute availability.

2.3.2 Cancellation of the order by the consumer

An order can be by the consumercancelled in the event of:

  • Delay in the delivery of the item (s) ordered by the consumer (s) as indicated in article 5.2;
  • Transport abrasion damage or if the number of delivered items does not match, determined in accordance with the terms and conditions hereinafter specified in article 5.5;
  • () The article (s) provided to the consumer was (and) delivered high not accordance (t) (s), as required in article 5.6;
  • The consumer exercises his right of withdrawal as follows in article 6.1 or in case of error in the article (s) ordered by the consumer.

2.4. Consequences of the cancellation of the order

In the event of cancellation of the order for reasons set out in articles 2.3.1 and 2.3.2 above:

  • The payments that have already been carried out by the consumer and which were retrieved by Power water sports will be refunded to the bank account of the consumer, by bank transfer or on his PayPal account, to the exclusion of all other compensation or damages, in accordance with the legal provisions in the Benelux countries, within not more than thirty (30) days following the day on which the consumer has his order;
  • The return costs shall be borne by the consumer in accordance with the provisions of article 6 below.

Article 3-Price

3.1. List price

The sales price of an item or service is fairly certain by Power water sports; These prices may vary at any time. Power water sports tries the price fluctuations of the items for sale and services as soon as possible to capture, by the credentials Www.powerwatersport.nl to update as often as possible.

In each case, the price at the time of the order is in effect, the price are provided to the consumer is invoiced.

All prices are listed on Www.powerwatersport.nl and are expressed in euro, including all taxes, but do not include shipping costs.

3.2. Invoices

The total price of the order (T.P.B.), consisting of the additional costs of delivery to which reference is made in article 3.1, respectively, will be included on the invoice that by Power water sports is made after confirmation of the order. The invoice will be made available to consumers through the website, via his personal account.

Article 4-payment of the articles and/or services

4.1. Payment modalities

The consumer can pay in accordance with the terms and conditions included the Articles under the heading "method of payment" listed on the website, i.e., by bank card (VISA, MasterCard), PayPal, bank transfer, IDEAL. The consumer, payment must be made in euro. The online payment is secured by RBS WorldPay, a company specializing in secure online transactions.

At the indication of the order by the consumer to Power water sports to ensure that he has the necessary authorization to use the payment method.

If the consumer pays by bank transfer, will (will) the article (s) and service (s) but be delivered or performed after receipt of payment.

Power water sports reserves the right to ask at each payment a photocopy of the identity card and a proof of address of the buyer.

To fraud on the internet, information about orders for review can be provided to a third party.

All payments made on www.powerwatersport.nl are reviewed and checked. In order to avoid delays by these controls, encourages consumers to Power water sports following information at its order:

  • Email address
  • Phone number of each specified address

If necessary, additional information may be requested or even demanded by the consumer in order to validate his Order.

In the event of risk of non-payment of a transaction preserves Power water sports the right not to grant the order.

Article 5-Delivery of the items or services

5.1. Place of delivery

Power water sports delivers the articles only on the delivery address that is indicated on the order. The consumer is solely responsible for the data that he at the order specify: in the event of error when entering the address details of the addressee of the delivery, Power water sports can not be held responsible for the impossible can deliver the item (s).

After payment of the order changes to the delivery address of the article (s) or service (s) will no longer be accepted. The consumer can, however, at your own risk, to ask the delivery person to change the delivery address. In this case, Power water sports not be held liable for any errors in delivery or for any loss of the package by the delivery boy.

5.2. Delivery time

The article (s) and/or service (s) become (s) usually provided and/or implemented within 3 to 5 business days from the order (with the exception of weekends and holidays). The term can be significantly longer for hard to reach areas. The time frame between specifying the order and the first delivery by the delivery person at the address specified by the consumer is determined by 2 factors:

1. the preparation time (24 to 48 h) = payment, preparation and care of the order by the delivery boy. 2. the delivery timeof your order by the delivery boy (48 to 72 h). The consumer shall receive an email when their order with us.

Data from the delivery and shipping are purely indicative and do not bring any contractual obligations. In the event of an exceptional delay in shipping, consumers will receive an email on this in each case.

5.3. Partial delivery

When a consumer has ordered multiple items or services, may, in the event of unavailability of one or more articles on date of dispatch of the Order, only the items will be shipped on this date.

In this case, Power water sports the price of the item or the service that was not delivered.

5.4. Transfer of risk

The transfer of risk to the consumer shall be made at the time of the delivery of the items.

5.5. Receipt of the items

The delivery will be carried out by a delivery boy, as proof of delivery will produce a paper or electronic receipt, the delivery note called, by the consumer and/or the recipient designated by the consumer, signed.

In the case of transport abrasion damage, if the delivered item (s)/dienst (s) not accordance (t) one with the order, or in the event of a mistake by the consumer who was brought to the notice in advance of the Power water sports in accordance with theconditions listed under article 6.3, the addressee, upon receipt, to clarify his reservation directly on the delivery slip.

To this end, the consumer of the content, the accuracy and the State of the article (s) at time of delivery check.

This control shall be deemed to have been performed when the consumer, or his agent, the delivery order by the delivery person signing.

If the consumer makes a reservation, it shall make the required to refuse delivery and the delivery boy to require that the item (s) immediately repossess, there he advance the compliance with the return policy listed under article 6.4 c) for the article (and) has checked.

In the absence of a reservation mentioned on the delivery note will be a complaint of the consumer not by Power water sports be accepted if a wrong number of articles was delivered or in the event of visible defects in the delivered item (s).

Later complaints are only possible in the event of a lack of conformity in the nature of the delivered item (s), these complaints must be made in accordance with article 5.6 or as the legal guarantee for hidden defects under article 8.

When the consumer the ordered article (s) refuses at the time of delivery, can this be regarded as unjustified if the consumer the existence of the defects indicated on the delivery order can't show. In the case of van is an unjustified refusal of the article (s) can Power water sports a flat-rate charge of €29 t. p. B per individual item delivered in Netherlands.

If the Power water sports actually finds the deviations, the order of the consumer will be cancelled and the consequences will be described under article 2.4 in force, with the exception that the consumer must pay any return costs in relation to the immediate return of the item (s) by the delivery boy.

The consumer must place a new order if he wants a new delivery.

5.6. Complaints

If the delivered goods do not correspond to what the consumer has ordered (wrong reference), the consumer should this, if he's not on the Bill of lading has indicated, by e-mail or by phone to Power water sports. This should be done within 14 days of delivery date, otherwise the complaint will not be accepted. In the complaint the consumer should disclose:

  • Order number;
  • Reference (s) and number of delivered items;
  • Reference (s) of the received items;
  • Exact reason of the complaint.

If the Power water sports actually finds the lack of conformity, the consumer's order will be cancelled and the consequences will be described under article 2.4 and 6.2.

The consument a new order if he wants a new delivery.

Article 6-right of the consumer to return the items

6.1. Right of withdrawal

If the consumer is a non-professional consumer and he is not satisfied with one of the items or services purchased, he may, in accordance with the relevant legislation in the country of delivery (Netherlands), the article (s) returning or cancel the order of the service in question if he contact Power water sports, only by email or phone, within a period of 14 working days from delivery of the item (s) (signature on the delivery note is dated as date of delivery

Provided that compliance with the above mentioned period of 14 working days, consumers will be reimbursed within a period of 14 days from delivery date of the article (s) or of shutting down the order of the service (s) in question. The consumer can use the unsubscribe request form.

The return costs (transport) amounting to a flat-rate amount of € 7.95 (transport) for the returned item (s) will be taken in deduction of the fee for the articles.

The cost of the ordered, delivered and then returned item (s) will in each case only take place provided that the returned item (s) by Power water sports became (and) controlled and voincomplete to some extent and in good condition was (and) stood (non-used and without fitting traces).

6.2. Return of articles due to non-compliance in respect of the nature of the articles

In case of non-conformity under the nature of the ordered article (s) and/or service (s) at the time of delivery, the consumer may, when he sent his complaint to Power water sports in accordance with the conditions listed under article 5.6, this return to Power water sports without the authorisation according to the conditions under article 5.6.

If the complaint is well founded, the consumer's return will not be billed for (the) ordered, delivered and then returned item (s). The remuneration of the return cost will be done after the consumer has submitted a written evidence.

6.3. Return of the articles in case of error in order by the consumer

In case of mistake in the order (reference, destination, brand, quantity, addresses) should contact the consumer Power water sports by e-mail or telephone, at the latest one hour after receipt of the order confirmation, in order to ask the immediate cancellation of his order. The cancellation of the order can, where appropriate, lead to the consequences described in article 2.4, in particular:

1. in the event that the shipping of the item (s) already was voorbereid or the service (s) (s) was performed at the time of Power water sports the cancellation request by the consumer shall receive, the latter may not different than the delivery of the item (s) or the service (s) to the delivery person to ask to reject the order by immediately returning it and on the delivery note {refused} to mention without this voucher to sign. 2. the compensation of the ordered, delivered and then returned item (s) will in each case only take place provided that the returned item (s) by Power water sports became (and) controlled and complete and in good condition was (and) stood (non-used and without fitting traces).

With the article are both the article as its packaging. The packaging may in no case be torn, soiled or described. If the item is returned incomplete or damaged, Power water sports reserves the right to refuse or to a reduction in the fee up to 70% on the sales price of the item. In the case that the consumer is not reimbursed or if a reduction is applied, consumers will receive explanations about this via email.

The consumer must place a new order if he wants a new delivery.

6.4. Conditions for returning the articles

So that Power water sports the returned item (s) would accept should de consumer the following steps:

1. Contact Power water sports by e-mail (info@Powerwatersport.nl) with order number 2. The full and damaged item back in its original packaging stop.

3. The original packaging in a protective packaging stop. 4. copy of order Add.

  1. Packaging "after opening, not return" are not returned this applies only after opening; Starter motors, rectifiers, regulators, ignition coils, fuel pumps, impellers, stators, CDI, triggers, relais, trim/tilt motors, water pump kits and rectifiers. 

Following these steps allows the item (s) as soon as possible and in good condition the right destination range (t) (s). If the consumer does not follow these steps, it is possible that the returned item (s) upon receipt not word (t) (s) accepted.

Power water sports reserves the right to each item that was returned, not in accordance with the rules.

Article 7-Warranty

7.1. General

The articles by Power water sports offered are in accordance with the applicable European legislation and the standards that apply in Europe.

The articles by Power water sports are sold may only be mounted on vessels or systems recommended by the manufacturer or manufacturer or by an authorised person and enkEl on his responsibility. Power water sports may not be held responsible for the consequences of a wrong installation or use of an article that is not customized for a given vessel.

7.2. Factory warranty

Some articles have a factory warranty of usually one year. In cases where an article fails during the warranty period, repairs are ensured by the manufacturer in question. The article to the manufacturer's shipping costs are at the expense of the consumer.

7.3. Warranty for hidden defects

In accordance with the legislation on guarantee of hidden defects shall apply in the Benelux countries enjoy the consumer a legal guarantee for hidden defects. Only items with a recognized hidden defect can be the subject of a return to Power water sports for this reason.

When a consumer indicates that an article that was delivered by Power water sports has a hidden defect, he shall submit proof of this.

So the consumer to ask an expert examination at an authorized expert so that it would fix the hidden defect. If the experts ' research shows that a hidden defect is present, the document that this shows as soon as possible be remitted to the consumer service of Power water sports.

Upon receipt of this document will be the numberthe permission to return and the procedure to be followed for returning the article by the consumer service of Power water sports. The return cost for the item are payable by Power water sports. Power water sports will accept the return of the article after the hidden defect by the services of Power water sports. Once the remand by the services of Power water sports was approved, the purchase price of the item will be refunded.

Subject to proven hidden defects, the cost for the expert examination by Power water sports will be reimbursed upon presentation of the invoice relating to these costs.

7.4. Disclaimer of warranty

The warranty does not apply to:

  • Replacement of consumables (batteries, filters, impellers, etc.);
  • Abnormal or incorrect use of the articles;
  • Malfunctioning due to a use for which the article is not intended (League ...);
  • Malfunctioning due to an external cause.

Article 8-Liability

8.1. If the consumer is a non-professional consumer, nothing in the current general terms and conditions of sale limit or exclude the liability of Power water sports with regard to failure to fulfil one of its obligations under any legal determination ofpublic order.

8.2. If the consumer is a professional consumer:

1. describe the current general sales conditions the whole of obligations and liabilities of Power water sports with regard to the provision of articles and the implementation of services; 2. the only obligations and guarantees provided to Power water sports are imposed, these are expressly mentioned in the current general terms and conditions of sale are included, to the exclusion of all other warranties and/or obligations; 3. Power water sports close this explicitly the applicability of all warranties with regard to the items or services that possibly by law (including, but not limited to those regarding quality and fitness for a particular purpose, reasonable care and skill) joining the agreement. Power Water sports enthusiasts in particular is not responsible for the items suitable for the purposes of the consumer.

8.3. Power water sports is not responsible for loss of income, profits, contracts, data, or for any other indirect or consequential damages, arising out of a tort, (including negligence).

The total liability of Power water sports-no matter from which it arises-is limited to the amount which the consumer for the relevant item (s) and/or paid services.

Article 9-force majeure

Will be considered as force majeure: war, rebellions, strikes, lock-out, coups, natural disasters, and more generally all cases by the jurisdiction of Dutch courts were recognized with respect to the unforeseen, irresistible and external nature of these events.

Power water sports, however, cannot be held liable for the non-performance of his obligations if such non-performance is caused by force majeure and these circumstances reasonably not Power water sports may be charged.

Article 10-applicable law and jurisdiction

The current general terms and conditions of sale are subject to Dutch law.

Any dispute concerning the interpretation or execution of the present terms and conditions or the sequel will only be subject to:

  • The jurisdiction of the courts of common law in the country of provision if the consumer no trader is.
  • The competence of the commercial court in Amsterdam (Netherlands) if the consumer a trader.

Article 11-General provisions

11.1. The provisions of the present terms and conditions of sale constitute the entire agreement between Power water sports and the consumer (hereinafter referred to as the «Agreement») having regard to its objective and farcaptures and cancels any oral or written statement, negotiation, commitment, communication, acceptance, appointment and prior agreement between the parties with respect to the provisions contained in this agreement are provided with or apply.

11.2. If one of the parties fails to enforce any term of this agreement, this failure is not a waiver of rights. This omission therefore in no way affects the right to later enforce that condition.

11.3. If any provision of this agreement is unlawful, void or unenforceable, then such provision shall be deemed unwritten without touching on the enforceability of all remaining provisions.

11.4. Any amendment to the agreement must be included in an appendix written by common agreement of the parties.

Article 12-protection of personal data

By his order explains the consumer agree that Power water sports the data that were collected through the order, may store, process and use, in order to be able to process the order. Certain information may be transmitted to companies that guarantee the delivery of the items. When the consumer pays, the ordered items will be transferred certain data it issued, aan the companies responsible for this payment.

The consumer Power water sports gives permission to send commercial messages to him via email with regard to items and services of Power

Protect your email address: Power water sports gives your email address to third parties. It will only be used for communication purposes between the Power water sports and the consumer. This communication contains the sending of our newsletter and emails related to your order. If you are subscribed to the newsletters of our partners you will also receive at the indicated e-mail address. All emails contain a link at the bottom of Power water sports to stop sending. You can cancel the subscription to the newsletter via info@mspi-marine.com

Article 13-defined terms

In these general terms and conditions of sale should be:

Power water sports, registered in the Chamber of Commerce with the song 52488551

"Consumer" means a professional or non-professional consumer articles and/or services of Power water sports

buy.

"Agreement" means the whole of the contract involving the current terms and conditions of sale and the order confirmation

.

"Party (s)": the consumer and/or Power

water sports.

"Articles" means the articles on the Www.powerwatersport.nl available and which POwer water sports accepts to supply with compliance with the current terms and conditions of sale and services.

"Price" means the price of the item (s) and/or service (s) on whose assistance a consumer in Power water sports has bought, as defined in article 3 of the current

conditions of sale.

"Order" means the electronic order that is specified by the consumer through the website, in accordance with the provisions of the current

conditions of sale.

 “Orderbevestiging”: de orderbevestiging die Power Watersport aflevert om de consument te laten weten dat zijn order werd aanvaard.

"Non-professional consumer" means a consumer who purchases items and/or services for other needs than those of his

professional activity.

 “Factuur”: de factuur die door Power Watersport wordt uitgegeven voor de betaling van de prijs van de artikelen en/of diensten.

"Business day" means any day of the week excluding Saturdays, Sundays or public holidays in

Netherlands.

"Order number" means the order number by Power water sports is passed to the consumer.

"Delivery" means any delivery that is welded with the delivery of the ordered article (s), i.e., to circumstance: GLS, Fedex,

PostNL, etc.