Terms and Conditions

Terms and Conditions of The Beachboxx

The Beachboxx (hereinafter: The Beachboxx) is registered with the Chamber of Commerce under number 91534615 and is located at Sleutelbloem 12 (3553VS) in De Meern.

 

Article 1 - Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
  2. Offer: Any written offer to Buyer for the delivery of Products by Seller to which these terms and conditions are inextricably linked.
  3. Company: The natural or legal person acting in the exercise of a profession or business.
  4. Consumer: The natural person who does not act in the exercise of a profession or business.
  5. Buyer: The Company or Consumer who enters into a (distance) Agreement with the Seller.
  6. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from The Beachboxx.
  7. Products: The Products offered by The Beachboxx are products for the storage of personal belongings during leisure activities.
  8. Seller: The provider of Products to the Buyer, hereinafter: The Beachboxx.

 

Article 2 - Applicability

  1. These general terms and conditions apply to every Offer from The Beachboxx and every Agreement between The Beachboxx and a Buyer and to every Product offered by The Beachboxx.
  2. Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, The Beachboxx will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the The Beachboxx website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
  3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with The Beachboxx.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
  5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same scope as the original provision. .
  6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
  7. If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

 

Article 3 - The Offer

  1. All offers made by The Beachboxx are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the offer. An Offer only exists if it is recorded in writing.
  2. The Offer made by The Beachboxx is without obligation. The Beachboxx is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due. Nevertheless, The Beachboxx has the right to refuse an Agreement with a potential Buyer for a reason justified by The Beachboxx.
  3. The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind The Beachboxx. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). The Beachboxx cannot guarantee that the colors in the image exactly match the real colors of the Product.
  4. Delivery times and terms stated in The Beachboxx's Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
  5. A composite quotation does not oblige The Beachboxx to deliver part of the items included in the offer or Offer at part of the stated price.
  6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.

 

Article 4 - Conclusion of the Agreement

  1. The Agreement is concluded when the Buyer has accepted an Offer from The Beachboxx by paying for the Product in question.
  2. An Offer can be made by The Beachboxx via the website.
  3. If the Buyer has accepted the Offer by concluding an Agreement with The Beachboxx, The Beachboxx will confirm the Agreement with the Buyer in writing, or at least by e-mail.
  4. If the acceptance deviates (on minor points) from the Offer, The Beachboxx is not bound by it.
  5. The Beachboxx is not bound to an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.
  6. The right of withdrawal is excluded for the Buyer being a Company. The buyer being a Consumer has the right to exercise its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are borne by the Buyer.

 

Article 5 - Long-term contracts

  1. The Buyer can only terminate an Agreement of indefinite duration that extends to the regular delivery of Products, subject to a notice period of 90 days and the agreed cancellation rules.
  2. The termination of the above-mentioned Agreement can be terminated by the Buyer in the same manner as it was entered into by the Buyer.
  3. A fixed-term Agreement for the regular delivery of Products ends automatically after the last delivery.
  4. If an Agreement lasts longer than one year, the Agreement may be terminated by the Buyer at any time after one year, with due observance of a notice period of no more than (insert number of days), unless this termination is reasonable and fair before the end of the agreed duration. cannot be justified.

 

Article 6 - Execution of the Agreement

  1. The Beachboxx will execute the Agreement to the best of its knowledge and ability.
  2. If and insofar as proper execution of the Agreement requires this, The Beachboxx has the right to have certain work carried out by third parties at its own discretion.
  3. The Buyer ensures that all information that The Beachboxx indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to The Beachboxx in a timely manner. If the information required for the execution of the Agreement has not been provided to The Beachboxx in a timely manner, The Beachboxx has the right to suspend the execution of the Agreement.
  4. In the execution of the Agreement, The Beachboxx is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions require additional work for The Beachboxx, the Buyer is obliged to reimburse the additional or additional costs accordingly.
  5. Before proceeding with the execution of the Agreement, The Beachboxx may require security from the Buyer or full advance payment.
  6. The Beachboxx is not liable for damage of any nature whatsoever caused by The Beachboxx relying on incorrect and/or incomplete information provided by the Buyer, unless The Beachboxx was aware of this incorrectness or incompleteness. This also includes processing the Agreement by means of automatic decision-making.
  7. The Buyer indemnifies The Beachboxx against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

 

Article 7 - Delivery

  1. In principle, delivery takes place for the Buyer, being a Company, from the warehouse of The Beachboxx, on an Ex works basis (The Beachboxx delivers the Products by making them available to the Buyer in the warehouse) unless expressly agreed otherwise.
  2. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by The Beachboxx or due to other circumstances beyond under the control of The Beachboxx, any delay occurs, The Beachboxx is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give notice of default to The Beachboxx in writing and grant it a reasonable period to be able to deliver. The buyer is not entitled to any compensation due to the delay.
  3. The Buyer is obliged to purchase the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
  4. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, The Beachboxx is entitled to store the goods at the expense and risk of the Buyer.
  5. If the Products are delivered by The Beachboxx or an external carrier, The Beachboxx is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
  6. If The Beachboxx requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data required for the execution available to The Beachboxx.
  7. If The Beachboxx has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
  8. The Beachboxx is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. The Beachboxx is entitled to invoice the items thus delivered separately.
  9. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. The Beachboxx reserves the right to refuse delivery if there is a well-founded fear of non-payment.

 

Article 8 - Packaging and transport

  1. The Beachboxx undertakes to the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless otherwise agreed in writing, all deliveries are made inclusive of sales tax (VAT), including packaging and packaging materials.
  3. Accepting goods without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.
  4. Each Buyer being a Company is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If the goods are not sold through customs clearance by The Beachboxx, a client cannot derive the right to cancel the order.
  5. The risk of war is always borne by the Buyer, being the Company.
  6. If the Buyer, being a Company, agrees that the ordered goods will be delivered via direct delivery from abroad, the risk of (incorrect, timely and/or no) delivery will be entirely borne by the Buyer.

 

Article 9 - Import and Export Restrictions

  1. Buyer understands that the Products may be subject to import and export controls of the country in which the delivery address is located. Buyer must comply with all applicable laws and regulations regarding import and export control.
  2. Any restrictions or requirements may vary depending on time and Products.
  3. The Buyer indemnifies The Beachboxx at the first request of The Beachboxx for any damage and/or loss that The Beachboxx suffers (including all costs, taxes, fines, expenses and levies) that The Beachboxx suffers as a result of the Buyer's failure to comply with the law. - and regulations regarding import and export control.

 

Article 10 - Packaging

  1. The buyer is obliged to return loan packaging empty and in undamaged condition within 14 days. If the Buyer fails to fulfill its obligations with regard to packaging, all resulting costs will be at its expense. Such costs include costs resulting from late returns and costs of replacement, repair or cleaning.
  2. Co-delivery of packaging takes place in accordance with the conditions of the Offer. Separately calculated packaging does not have to be taken back by The Beachboxx and will not be credited.

 

Article 11 - Examination, complaints

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether it retains the Product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
  2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. The Beachboxx accepts no liability for incorrect use of the Product by the Buyer.
  3. Any visible defects or shortages must be reported to The Beachboxx in writing after delivery. The buyer has a period of 14 days after delivery to do this. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any reduction in value of the Product.
  4. If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective items, this will only be done with the prior written permission of The Beachboxx in the manner indicated by The Beachboxx.
  5. If the Buyer, being a Consumer, uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to The Beachboxx, in accordance with The Beachboxx's return instructions. The direct costs for returns are at the expense and risk of the Buyer.
  6. The Beachboxx is entitled to start an investigation into the authenticity and condition of the returned Products before a refund will be made.
  7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
  8. If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
  9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to The Beachboxx, The Beachboxx will, following a request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from The Beachboxx.

 

Article 12 - Prices

  1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
  2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
  3. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. If there are Products or raw materials for which there are price fluctuations on the financial market and over which The Beachboxx has no influence, The Beachboxx can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

 

Article 13 - Payment and collection policy

  1. Payment should preferably be made in advance in the currency in which the invoice was sent via the indicated method.
  2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
  3. The buyer must make a lump sum payment to the account number and details of The Beachboxx made known to it. Parties can only agree on a different payment term after explicit written permission from The Beachboxx.
  4. If a periodic payment obligation of the Buyer has been agreed, The Beachboxx is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, The Beachboxx's claims on the Buyer are immediately due and payable.
  6. The Beachboxx has the right to have the payments made by the Buyer firstly deduct the costs, then the accrued interest and finally the principal amount and the current interest. The Beachboxx can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. The Beachboxx may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.
  7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer, being a Company, is in default. The buyer, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they falls into default.
  8. From the date that the Buyer is in default, The Beachboxx will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
  9. If The Beachboxx has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

 

Article 14 - Retention of title

  1. All goods delivered by The Beachboxx remain the property of The Beachboxx until the Buyer has fulfilled all the following obligations under all Agreements concluded with The Beachboxx.
  2. The buyer is not entitled to pledge or encumber in any other way the items falling under the retention of title if ownership has not yet been fully transferred.
  3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform The Beachboxx of this as soon as can reasonably be expected.
  4. In the event that The Beachboxx wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to The Beachboxx or third parties to be designated by it to enter all those places where The Beachboxx's properties are located. and take those things back.
  5. The Beachboxx has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or issue on the part of The Beachboxx. After the Buyer has fulfilled his obligations, The Beachboxx will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
  6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to The Beachboxx by the Buyer upon first request.

 

Article 15 - Guarantee

The Beachboxx guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified The Beachboxx of this use in writing at the time of entering into the Agreement.

 

Article 16 - Instructions for use of Products

  1. The buyer of Products must follow the regulations and instructions of The Beachboxx.
  2. Buyer and third parties must refrain from adjusting and/or repairing Products themselves.

 

Article 17 - Suspension and Termination

  1. The Beachboxx is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
  2. Furthermore, The Beachboxx is entitled to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations imposed on him by any Agreement concluded with The Beachboxx. ensue.
  3. Furthermore, The Beachboxx is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
  4. If the Agreement is dissolved, The Beachboxx's claims on the Buyer are immediately due and payable. If The Beachboxx suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
  5. The Beachboxx always reserves the right to claim damages.

 

Article 18 - Limitation of liability

  1. If the execution of the Agreement by The Beachboxx leads to liability of The Beachboxx towards the Buyer or third parties, that liability is limited to the costs charged by The Beachboxx in connection with the Agreement unless the damage arose due to intent or gross negligence. The liability of The Beachboxx is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
  2. The Beachboxx is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  3. The Beachboxx is not liable for and/or obliged to repair damage caused by the use of the Product. The Beachboxx provides strict maintenance and usage instructions that must be adhered to by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).
  4. The Beachboxx is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
  5. The Beachboxx is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or unavailability of the website for any reason.
  6. The Beachboxx is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of The Beachboxx, nor for their timely receipt.
  7. All claims by the Buyer due to shortcomings on the part of The Beachboxx lapse if they have not been reported in writing and with reasons to The Beachboxx within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.

 

Article 19 - Force majeure

  1. The Beachboxx is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not its fault. is not her fault and is not her responsibility under the law, legal act or prevailing views.
  2. Force majeure is in any case understood to mean, but is not limited to, what is understood in law and case law, (i) force majeure of suppliers of The Beachboxx, (ii) failure to properly fulfill obligations of suppliers placed by the Buyer to The Beachboxx are prescribed or recommended, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking) , (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of The Beachboxx and (xi) other situations that, in the opinion of The Beachboxx, are beyond its control that the fulfillment of its obligations temporarily or permanently.
  3. The Beachboxx has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after The Beachboxx should have fulfilled its obligation.
  4. Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.
  5. Insofar as The Beachboxx has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or yet to be fulfilled part, The Beachboxx is entitled to part will be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

 

 

 

Article 20 - Risk of transfer

The risk of loss or damage to the Products that are the subject of the Agreement is transferred to the Buyer, being a company, at the time when the goods leave The Beachboxx's warehouse. For Consumers, the above-mentioned risk passes to the Buyer if the Products are provided under the control of the Buyer. This is the case if the Products have been delivered to the Buyer's delivery address.

 

Article 21 - Intellectual Property Rights

  1. All intellectual property rights and copyrights of The Beachboxx rest exclusively with The Beachboxx and are not transferred to the Buyer.
  2. The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents subject to The Beachboxx's intellectual property rights and copyrights without the express prior written permission of The Beachboxx. If the Buyer wishes to make changes to items delivered by The Beachboxx, The Beachboxx must explicitly agree to the intended changes.
  3. The Buyer is prohibited from using the Products to which The Beachboxx's intellectual property rights rest otherwise than agreed in the Agreement.

 

Article 22 - Privacy, data processing and security

  1. The Beachboxx handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, The Beachboxx will inform the person concerned about this.
  2. If The Beachboxx must provide information security under the Agreement, this security will comply with the specifications agreed and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs. is.

 

Article 23 - Complaints

  1. If the Buyer is not satisfied with the Products of The Beachboxx and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to resolve these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. report. Complaints can be reported via info@thebeachboxx.nl with the subject “Complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for The Beachboxx to be able to process the complaint.
  3. The Beachboxx will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
  4. The parties will try to find a solution together.

 

Article 24 - Applicable law

  1. Dutch law applies to every Agreement between The Beachboxx and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. The Beachboxx has the right to unilaterally change these general terms and conditions.
  3. All disputes arising from or in connection with the Agreement between The Beachboxx and the Buyer will be settled by the competent court of the Midden-Nederland District Court, location Utrecht, unless mandatory law provisions designate a different competent court.

 

Utrecht, 29 November 2023