GENERAL SALES CONDITIONS FOR PRIVATE INDIVIDUALS SAIL EVENT PARTNERS C.V.
Article 1: Definitions
General Conditions: the general sales conditions applicable to the Sail Event Partners C.V. web shop listed below
Consumer: A natural or legal person not acting in the exercise of a profession or business with which Sail Event Partners enters into a form of Agreement, either directly or indirectly
Event: the nautical event SAIL Amsterdam 2020
Sub-event: Any event organised by Sail Event Partners as part of SAIL Amsterdam 2020
Agreement: an Agreement between SEP and the Consumer in the context of, or related to, a sub-event
SAIL Event Partners: The limited partnership Sail Event Partners C.V., with registered office and place of business at (1021 KP) Amsterdam, het Gedempt Hamerkanaal 257, registered under number 60968265 of the Dutch Chamber of Commerce (KvK) trade register
Article 2: Application
The General Conditions apply to all estimates, offers and contracts, including distance contracts, between Sail Event Partners and the Consumer, and any contractual relationships resulting from these.
If any of the provisions contained in the General Conditions is declared null and void, or has become unenforceable, the applicability of the other provisions is not invalidated. The provision in question will be replaced by a provision that approximates, to the extent possible, the intent of the invalid provision.
Article 3: Contents and validity of the Agreement
An Agreement (including the General Conditions) contains all rights and obligations of Sail Event Partners and the Consumer and replaces all prior oral or written Agreements, statements or comments made by Sail Event Partners and the Consumer.
An Agreement is effective from the moment the Consumer accepts the offer.
An Agreement is concluded on the suspensive condition of sufficient availability of the product in question.
Article 4: Pricing and payment conditions
All prices agreed on by Sail Event Partners and the Consumer are in euros, inclusive of VAT (btw) and exclusive of delivery charges, unless otherwise agreed in writing.
All prices are not bound by type or printing errors. Sail Event Partners is not obliged to deliver the product for the erroneous price.
Payment of the product has to take place on ordering using one of a number of designated ways shown during the ordering process, unless otherwise agreed in writing.
If any payment should not be made within a stipulated reasonable term, the Consumer will be considered in default.
Article 5: Delivery
Sail Event Partners will deliver the accepted orders as quickly as possible, and no later than thirty (30) days after the order has been placed, unless otherwise agreed in writing. In case of late delivery the Consumer has the right to terminate the Agreement.
The delivery time stated is indicative and cannot be considered as a firm term. The Consumer has no right to compensation should this time be exceeded.
The place of delivery is the address provided by the Consumer to Sail Event Partners at the time of ordering.
Article 6: Revocation right
The consumer has the right to revoke the Agreement, without stating the reasons, within fourteen (14) days of the commencement of the Agreement, effective from the day the Agreement it is entered into.
If the purchase concerns a service the revocation right is void from the moment the service has been delivered completely by SEP.
Revocation is preceded by a statement to this effect by the Consumer to Sail Event Partners.
During the stated term of fourteen days the Consumer must handle the delivered product with care and not unpack the product any more than will tell him whether he wishes to keep it or not.
If the Consumer wishes to exercise his revocation right, the product must be returned completely and in its original packaging to Sail Event Partners.
Article 7: Revocation costs and repayment
The Consumer is liable for the delivery charges incurred by returning the product.
If the Consumer has already paid for the product, this amount will be repaid by Sail Event Partners no later than thirty (30) days after the return of the product.
Article 8: Reservation of title
The ownership of a product is transferred to the Consumer from the moment all requirements stated in the Agreement with Sail Event Partners have been fulfilled.
Article 9: Cancellation and modification
9.1 In the event of force majeure or a threat to safety and/or on the instruction of the competent authorities, SEP retains the right at all times to cancel or modify to a reasonable extent the whole of the Event or Sub-event (including, without restrictions, a change of venue and time).
9.2 SEP retains the right to unilaterally modify the execution of the obligations stated in an Agreement on nautical or safety grounds. The former include weather conditions, the tide and blocked waterways.
Article 10: Guarantee
Sail Event Partners guarantees that the purchased products comply with the conditions stated in the Agreement and the usual requirements of usability and soundness.
The Consumer is obliged to check on arrival whether the product complies with the conditions stated in the Agreement. If not, he must immediately and no later than fifteen (15) days communicate the fact to Sail Event Partners in writing. If no such communication is forthcoming, the Consumer will be taken to have no objection to the state in which the product was received.
The guarantee as described in this provision does not apply in the following circumstances:
The Consumer has repaired or otherwise tampered with the product or has commissioned a third party to do this.
The product was exposed to abnormal circumstances, treated without due care or not handled according to the instructions on the packaging.
Article 11: Complaints procedure
Any complaint about the execution of the Agreement must be sent in writing to Sail Event Partners within fifteen (15) days of its occurrence. The Consumer must clearly and completely state the nature of the complaint.
Complaints sent after the stipulated term will result in the Consumer losing his rights, unless it can be shown that the Consumer could not be reasonably supposed to make the complaint within the stipulated term.
Article 12: Suspension or termination
Failure to comply with the requirements stipulated in the Agreement by the Consumer gives Sail Event Partners the right to suspend or terminate the execution of the Agreement.
If, after a written reminder containing a reasonable term, the Consumer fails to comply with his obligations Sail Event Partners has the right to terminate the Agreement without arbitration, legal or otherwise, and claim compensation for damages sustained.
Article 13: Data protection
12.1 For the purposes of this provision the terms ‘controller’, ‘personal data’ and ‘processing’ will be defined according to the General Data Protection Regulation (EU 2016/679) and the Dutch implementation act Uitvoeringswet Algemene Verordening Gegevensbescherming (together: ‘the Applicable Privacy Law’).
12.2 SEP declares it (and any auxiliary person acting on SEP’s behalf) will process the relevant personal data in accordance with the Applicable Privacy Law.
Article 14: Applicable law and arbitration
The legal relationship between Sail Event Partners and the Consumer is governed by Dutch law.
Any dispute resulting from this legal relationship will be settled exclusively by the authorised court in Amsterdam.