1) General

a. Het Noorden Watersport BV trading under the name Alumacraft Europe, hereafter to be called Alumacraft Europe, is engaged in retail trade, rental, repair and maintenance of water sport articles.

b. Dutch law applies to all disputes that may arise in connection with an agreement. The District Court in Alkmaar is exclusively authorised to take cognisance of the dispute if the dispute falls within its absolute competence.

2) Offer and acceptance

All offers are entirely without obligation, unless expressly stated otherwise. All offers, via whichever information medium, are only binding if confirmed in writing by Alumacraft Europe . An agreement is realised when Alumacraft Europe confirms the order orally or in writing within fourteen days after it was received, or when the execution of the activities is started.

3) Price

The price is that which was agreed between the parties when the agreement was concluded.

Agreed or quoted prices are based on the cost price factors known at the time of the offer. In the event of an increase in one or more of these factors, Alumacraft Europe is entitled to adjust the agreed price accordingly, insofar as this increase was not foreseeable when the agreement was concluded and the price increase is reasonable.

4) Delivery

Delivery shall take place at the place determined in the agreement. The costs of transport and packaging will be borne by the client. Delivery of new products from the web shop will take place within 14 days, unless indicated otherwise. The customer must report any damage/defects present at the time of delivery in writing to Alumacraft Europe , at the latest within seven days of delivery. In case of untimely reporting, Alumacraft Europe is entitled not to handle the complaints. The delivery times applied by Alumacraft Europe start at the moment that all necessary permits, authorisations or prepayments have been received. Unless otherwise agreed upon in writing, the used terms are not to be considered as fatal terms. In case of untimely performance of the agreed services, Alumacraft Europe must be declared in default in writing. Alumacraft Europe is entitled to store the goods at the expense and risk of the customer, if the customer fails to take delivery of the products, even if the customer cannot take delivery due to force majeure, without prejudice to the right of Alumacraft Europe to claim the purchase price and/or damages. The trial period is 10 working days, in the event of return the shipping costs must be paid. Articles ordered/adapted especially for you cannot be cancelled after the conclusion of the purchase agreement.

5) Force majeure

If, during the execution of an agreement, it appears that the execution of the agreement is not possible due to force majeure, or if this execution is due to force majeure or circumstances which cannot be attributed to Alumacraft Europe and which were not foreseeable at the time the agreement was entered into, Alumacraft Europe has the right, without being obliged to pay any form of compensation, to suspend the execution of the agreement or to declare the agreement non-binding. Force majeure shall include: all involuntary business disruptions or impediments, such as fire, natural disasters, impediments by third parties, strikes, war, riots, the withdrawal or expiry of licenses and further, in general, all circumstances, events, causes and consequences beyond the control or control of Alumacraft Europe .

6) Liability

Alumacraft Europe shall never be liable for damage incurred by the customer or third parties as a result of goods delivered or activities performed by it, unless intent or gross negligence on the part of Alumacraft Europe is demonstrated. Stalling on or around our sites takes place entirely at your own risk. Alumacraft Europe accepts no liability whatsoever for theft, loss or damage of whatever nature, caused by whomever, however and during whatever period.

It is the responsibility of the principal to take out damage insurance against the risks of fire, storm, precipitation, water, burglary, theft, damage, etc. for all goods given in custody to Alumacraft Europe. In the unlikely event that Alumacraft Europe is liable for any damage, that liability shall be limited to the amount paid out by the insurance company. If the insurance company does not pay out, the liability is limited to the invoice amount. Alumacraft Europe is in no way liable for trading losses at the customer or third parties, such as business interruptions and loss of income, whatever the cause. Alumacraft Europe is never liable for injudicious use of what is delivered by the other party, or use of it for any other purpose than for which it is suitable according to objective standards.

7) Retention of title

All goods delivered by Alumacraft Europe remain its property until the full purchase price has been paid. If the purchase price is not paid in time, Alumacraft Europe is entitled to take possession of the goods, in which case the agreement is dissolved, without prejudice to the right of Alumacraft Europe to compensation of incurred costs and further compensation of damages if present. Client authorises Alumacraft Europe to take back the goods after expiry of the payment term, without any proof of default. At the first request of Alumacraft Europe the customer must cooperate by providing access or by returning the goods. All costs associated with this shall be borne by the customer.

8) Warranty

Alumacraft Europe gives a six-month guarantee on delivered new goods. Alumacraft Europe gives a guarantee of 3 months on delivered used goods, except for repairs for which a guarantee period of one month applies. Unless otherwise agreed. The above-mentioned guarantee periods are still limited to the guarantee provided by the importer or manufacturer. All goods eligible for warranty or repair must be delivered postage paid to Alumacraft Europe with purchase receipt. In the absence of these documents, all claims on warranty expire. The costs of sending by Alumacraft Europe to the importer or manufacturer are at the expense of the customer, as well as the costs which are charged to Alumacraft Europe by the importer or manufacturer. All goods are returned at the expense and risk of the client. Defects in goods delivered which fall under the guarantee will, at the exclusive discretion of Alumacraft Europe, either be repaired or replaced by a new delivery if, in the opinion of Alumacraft Europe or the manufacturer, the defects are attributable to construction faults, the materials used or the design which means that they are unusable by the client for the purpose for which the goods are intended. All warranty claims lapse if the client himself has carried out changes or repairs to the delivered goods, or does not use the delivered goods accurately in accordance with the supplied instructions or acts injudiciously in any other way.

9) Payment

Unless otherwise agreed, payment for used goods must be made on delivery. Products ordered via the web shop must be paid in advance by bank. No claims or complaints entitle the client to suspend or omit the fulfilment of the payment obligation or to consider it expired. If the customer does not fulfil his payment obligations, does not fulfil them on time or does not fulfil them properly, he is legally in default and must pay all extrajudicial collection costs incurred by Alumacraft Europe .

10) Disputes

It may happen that you are not satisfied with our products or services. Please contact us as soon as possible. Within 30 days we will respond to your complaint.