General Terms and Conditions of Sale of Surfshop Xtreme, applying to sales through the web shop

The following definitions apply to these T&Cs:

Surfshop Xtreme: A registered trading name of PWsurfsport
Registered with the Chamber of Commerce under no. 27332919
Adress: 1e Binnenvestgracht 3C, 2312BA Leiden, The Netherlands
Email: service@surfshopextreme.com
VAT number: NL1750 93 349 B02

Buyer: Every natural person who concludes an Agreement with Surfshop Xtreme via the internet or with whom Surfshop Xtreme is negotiating an Agreement.

Agreement: Every agreement between Surfshop Xtreme and Buyer that is concluded via a website of Surfshop Xtreme, every amendment or supplement thereto, as well as all juristic and other acts to complete and fulfill such agreement.

Products: All matters that are subject to an Agreement.

Order: Every order by Buyer that is placed via a Surfshop Xtreme website.

1. Scope

1.1. These Standard Terms and Conditions of Sale (hereafter "T&Cs") apply to all web and other offers of Surfshop Xtreme and to Agreements with Surfshop Xtreme. Any other general or standard terms and conditions are hereby excluded.

1.2. Acceptance of an offer or submission of an order implies that the Buyer agrees to these T&Cs.

1.3. The provisions contained in these T&Cs can only be differed from in writing, in which case the other provisions remain unimpaired and fully enforceable.

1.4. All rights and entitlements that are stipulated in these T&Cs and in any further Agreements on behalf of Surfshop Xtreme apply likewise to intermediaries and other third parties that are engaged by Surfshop Xtreme.

2. Offers

2.1. An offer has a validity period of 31 days starting from the date on which the offer is signed.

2.2. All offers by Surfshop Xtreme are subject to confirmation, and Surfshop Xtreme retains the right to change the prices before the Agreement is concluded.

3. Agreement

3.1. An Agreement is concluded at the time of acceptance of the offer by the Buyer and the related T&Cs being met by the Buyer. The offer by by Surfshop Xtreme identifies the rights and obligations that attach to acceptance of the offer.

3.2. Surfshop Xtreme reserves the right to refuse orders or to attach specific conditions to the delivery, unless explicitly stated otherwise. If Surfshop Xtreme chooses not to accept an order, it will notify the Buyer of this within ten working days after receipt of the order.

4. Price and payment

4.1. All prices are stated in euros including VAT but exclusive of transport costs. Transport costs are notified to the Buyer prior to the conclusion of the Agreement.

4.2. Payment of the full purchase price shall take place in advance or in cash upon delivery. Varying payment terms only apply when agreed in writing. Payment can be made according to the means of payment identified on the website, but in any case by means of a credit card or bank transfer. Surfshop Xtreme is not obliged to deliver as long as the Buyer has not met its payment obligations.

4.3. Surfshop Xtreme has the right to require an advance payment not exceeding 50% of the purchase price upon conclusion of an Agreement with the Buyer. If delivery takes place in installments, Surfshop Xtreme is entitled to require an advance payment per installment.

4.4. In case of out-of-court recovery, the Buyer is liable to pay out-of-court collection costs, in addition to the purchase price and statutory interest, following written demand by Surfshop Xtrteme of payment by the Buyer and the amount receivable remaining outstanding fully or in part. The out-of-court collection costs shall not exceed 15% of the outstanding principal,provided that such costs are reasonable. Out-of-court costs can only be claimed when an external collection agency has been involved.

4.5. If Surfshop Xtreme grants a deferment to the Buyer for any performance for reasons of leniency or otherwise, the new payment terms always involve a strict deadline.

5. Retention of title

5.1. So long as the Buyer has not paid the amount due under the Agreement or only partially, the goods delivered remain the property of Surfshop Xtreme.

6. Satisfaction guarantee and right of return

6.1. The Buyer has the right to dissolve the Agreement within seven working days after receipt of the Products without stating reasons, unless Products are involved that have been created according to specifications of the Buyer, that are of a personal nature, that cannot be returned because of their specific character, or that can become obsolete quickly. The sealing/packaging of the articles may, however, not be broken, and the articles must be delivered to Surfshop Xtreme intact. If this aspect is not adhered to, Surfshop Xtreme will then not take the articles back nor will it issue a refund. The direct costs of the return shipment are for account of the Buyer.

6.2. If the Buyer has already paid all or part of the amount due to Surfshop Xtreme pursuant to the Agreement, Surfshop Xtreme will then refund such amount to the Buyer within 30 days.

7. Defects

7.1. The Buyer is obliged to inspect the Products immediately upon receipt to determine whether they satisfy the requirements of the order and/or contain any defects.

7.2. Should the Products fail to meet the requirements of the order or contain defects, the Buyer must then immediately inform Surfshop Xtreme of this by e-mail to service@surfshopxtreme.com stating the order number and giving a clear explanation why the article is unsatisfactory. If Surfshop Xtreme is convinced that the Buyer refuses the article for solid reasons, Surfshop Xtreme will then replace the article, or have it repaired at its own cost or return the Buyer's payment. Surfshop Xtreme will in such case pay the costs of the return shipment.

7.3. The Buyer may be asked to prove that the article has been purchased from Surfshop Xtreme, for example by submitting the invoice.

8. Electronic communication and evidence

8.1. Surfshop Xtreme is not liable for any misunderstanding, mutilation, delay or improper transmission of data and messages as a result of the use of internet or any other means of communication between the Buyer and Surfshop Xtreme, unless legal provisions determine otherwise.

8.2. The administrative records of Surfshop Xtreme will serve as satisfactory evidence of the existence, content and fulfillment of the Agreement with the Buyer in a legal procedure. This applies in the absence of rebutting evidence by the opposite party that evidence presented by Surfshop Xtreme is not reliable.

9. Delivery

9.1. Surfshop Xtreme shall deliver the goods with due speed, but in any case within 30 days after the Order has been placed. If it turns out to be impossible to deliver the Products within 30 days, for example because the Products are temporarily out of stock, Surfshop Xtreme will inform the Buyer of this as soon as possible.

9.2. Until the time of delivery, the Buyer is authorized to dissolve the Agreement unilaterally if delivery has not taken place within 30 calendar days after the agreed delivery date. Surfshop Xtreme shall in that case fully refund the amount already paid by the Buyer as soon as possible, in any case within 30 days.

9.3. For practical reasons, delivery may take place in instalments.

10. Force majeure

10.1. Without prejudice to its other rights and remedies, Surfshop Xtreme has the right, in case of circumstances beyond its control, to either suspend the fulfillment of the Order of the Buyer or to dissolve the Agreement without recourse to the courts, such by notifying the Buyer of this in writing and without any obligation to compensate for damages, unless the requirements of reasonableness and fairness would dictate otherwise in the given circumstances.

10.2. Force majeure includes all failures that cannot be attributed to Surfshop Xtreme, as such failure is not the result of fault on its part and is not for its account by law or legal action or under generally accepted practice.

11. Disputes and handling of complaints

11.1. The Agreement and these T&Cs are subject to Dutch law.

11.2. Complaints related to the fulfilment of the Agreement by Surfshop Xtreme must be immediately submitted to Surfshop Xtreme by e-mail to service@surfshopxtreme.com

11.3. Surfshop Xtreme shall handle the complaint within 30 days. If more time is required to handle the complaint, Surfshop Xtreme will then notify the Buyer.

11.4. If the complaint cannot be mutually resolved between Surfshop Xtreme and the Buyer, the Buyer (as well as surfshop Xtreme) then has the right to submit the complaint, upon payment of a 25 euro complaint-filing fee, to Geschillencommissie Thuiswinkel, P.O. Box 90600, 2509 LP The Hague, the Netherlands. For detailed information about this disputes handling body see www.sgc.nl. This independent committee will issue a binding verdict regarding the dispute. If the Buyer's complaint is (partially) upheld, then the complaint-filing fee will be (partially) refunded.

11.5. The above does not prejudice the right to submit a dispute to the court which has jurisdiction