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General Terms and Conditions

General Terms and Conditions

GlobalFishing B.V.

Article 1.             Definitions
1.1.           In these General Terms and Conditions the following terms shall have the meanings here under assigned to them unless expressly stated otherwise or unless the context otherwise requires:
a.       GlobalFishing B.V.: the User of these General Terms and Conditions: GlobalFishing B.V. registered at Soest, Koningsweg 2 -18, registered with the Chamber of Commerce under “KvK” number 69479763;
b.       Agreement: the Agreement between GlobalFishing B.V. and Customer;
c.       Customer: the natural person or legal entity that concludes an Agreement with GlobalFishing B.V.;
d.       Company: a Customer, being a legal entity or natural person acting in the course of a profession or operation of a business;
e.       Consumer: a Customer, being a natural person not acting in the course of a profession or operation of a business;
f.        Distributor: a company that has been appointed Distributor by GlobalFishing B.V.;
g.       Website: the Website that is operated by GlobalFishing B.V., through which the products may be ordered.

Article 2.             General
2.1.           These General Terms and Conditions apply to all Agreements between GlobalFishing B.V. and Customer.
2.2.           Deviation of these General Terms and Conditions is valid only if expressly agreed in writing or by email.
2.3.           The applicability of any purchase or other conditions of the Company is expressly rejected.
2.4.           In case one or more provisions of these General Terms and Conditions should be void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by GlobalFishing B.V., taking into account the purpose and purport of the original provision(s) to the extent as possible.

Article 3.             Offer
3.1.           The offer of GlobalFishing B.V. is free of engagement.
3.2.           Apparent errors or mistakes, such as clerical errors, on the Website or in offers, Agreements, publications and email messages shall not be binding upon GlobalFishing B.V.
3.3.           Offers do not automatically apply to future orders.

Article 4.             Prices and shipping
4.1.           The prices of the Products indicated on the Website are inclusive of 21% btw (Dutch VAT) and exclusive of shipping.
4.2.           GlobalFishing B.V. has the right to modify its prices from time to time.
4.3.           Customer will be informed of the amount of shipping before or on conclusion of the Agreement.

Article 5.             Payment
5.1.           In case Customer has ordered a bait boat from GlobalFishing B.V., Customer is obliged to pay in advance 50% of the invoice amount. After GlobalFishing B.V. has received the down payment, construction of the bait boat will commence. Customer is obliged to pay the remaining 50% of the invoice amount by means of a bank transfer before Customer collects the bait boat at GlobalFishing B.V. or by means of a PIN or cash payment during collection of the bait boat at GlobalFishing B.V.
5.2.           Article 5.1 expressly also applies to bait boats that have been ordered from GlobalFishing B.V. through the Webshop. If the order placed through the Website by Customer does not consist of a bait boat, Customer is obliged to pay in advance 100% of the invoice amount, or alternatively, the order may be delivered COD. If Customer chooses delivery COD, any additional costs of delivery COD shall be borne by Customer. Customer will be informed of the amount of said additional costs during placement of the order through the Website.

Article 6.             Delivery
6.1.           A delivery that has been placed through the Website will be sent by GlobalFishing B.V. to the address indicated by Customer, unless a bait boat is part of the order. In such cases article 6.2 will apply.
6.2.           A bait boat that has been ordered, will not be sent to Customer by GlobalFishing B.V. Customer is obliged to collect the ordered bait boat at GlobalFishing B.V. GlobalFishing B.V. will inform Customer by email or telephone at the time at which the bait boat has been constructed, and will make an arrangement with Customer for collection of the bait boat. On collection of the bait boat GlobalFishing B.V. will provide Customer with instructions for the use of the bait boat.
6.3.           Article 6.2 does not apply to Distributor. A bait boat ordered by a Distributor will be sent insured and by registered post to the address indicated by Distributor.

Article 7.             Time of delivery
7.1.           All times of delivery indicated by GlobalFishing B.V. are given to the best of our knowledge and will be complied with to the extent as possible. An indicated time of delivery shall never be considered a final deadline.
7.2.           In case GlobalFishing B.V. is not able to deliver the Product within 30 days after the order has been placed through the Website, GlobalFishing B.V. will inform Customer of this by email; in that case Consumer shall have the right to terminate the Agreement free of charge. In case Consumer terminates the Agreement, GlobalFishing B.V. will repay any amounts that have already been paid, within 14 days of termination.
7.3.           Article 7.2 does not apply to orders for bait boats. Bait boats are built by hand, as a result of which times of delivery longer than 30 days are often agreed with Customer.

Article 8.             Right of withdrawal of Consumer
8.1.           In case the order has been placed through the Website, Consumer will have the right to terminate the Agreement within 14 days without stating reasons. This term will commence at the time at which Consumer has received the entire order from GlobalFishing B.V. Consumer will be informed of the right of withdrawal by email prior to delivery or in writing on delivery of the products ordered.
8.2.           During the withdrawal term as described in article 8.1 Consumer shall handle the product and packaging with due care. Consumer shall unpack and use the product only to the extent as necessary in order to decide whether Consumer wishes to keep the product.
8.3.           If Consumer wishes to exercise his right of withdrawal Consumer is obliged to expressly notify GlobalFishing B.V. of this within 14 days after receipt of the entire order. Consumer will be provided the model withdrawal form (“Modelformulier voor herroeping”), which Consumer may use if he wishes to terminate the Agreement.
8.4.           After Consumer has invoked his withdrawal right Consumer is obliged to send back the product to GlobalFishing B.V. within 14 days, provided that it is not damaged or changed and, if reasonably possible, in its original packaging.
8.5.           Consumer may also, without first informing GlobalFishing B.V. that he invokes his withdrawal right, send back the product to GlobalFishing B.V. within the withdrawal term as described in article 8.1. In such a case Consumer is obliged to enclose in the return shipment the “Modelformulier voor herroeping” or a different unequivocal declaration showing that Consumer invokes his withdrawal right.
8.6.           In case Consumer informs GlobalFishing B.V. by electronic means that he invokes his withdrawal right, GlobalFishing B.V. will sent Consumer a confirmation of receipt after receipt of this declaration.
8.7.           If the returned product is damaged or shows signs of use the amount that GlobalFishing B.V. will repay to Consumer in accordance with article 8.10 will be reduced by this damage.
8.8.           In case Consumer terminates the Agreement in accordance with this article the costs of shipping in connection with returning the product shall be borne by Consumer.
8.9.           The risk in return shipment shall lie with Consumer. Consumer is obliged to return the shipment with sufficient postage prepaid.
8.10.           In case of termination as described in this article GlobalFishing B.V. will refund amounts already paid (purchase price + shipping for delivery of the order) within 14 days after Consumer has invoked his right of withdrawal and GlobalFishing B.V. has received the product returned. In case Consumer keeps part of the order, shipping shall not be refunded to Consumer.

Article 9.             Exclusion of right of withdrawal
9.1.           The right of withdrawal as described in article 8 does expressly not apply:
a.       to a product that has been ordered through the Website and has been built to specifications of Customer, such as a bait boat or a feed auger.
b.       to a Company that ordered a product through the Website.

Article 10.          Obligation of Customer
10.1.           Customer is obliged to use the product only in accordance with the instructions and the technical specifications provided and/or supplied.

Article 11.          Warranty
11.1.           A three-year warranty is granted for the bait boat supplied.
11.2.           A fishfinder which has been installed in the bait boat at the request of Customer shall not be covered by the warranty of the bait boat as described in article 11.1.
11.3.           The warranty on the bait boat will lapse in case the fishfinder or other accessories demanded by Customer have not been installed or assembled by GlobalFishing B.V. or Distributor in accordance with the guidelines of GlobalFishing B.V.
11.4.           A 3 year warranty is granted for the feed auger supplied.
11.5.           No warranty is granted for the manual transmitter supplied.
11.6.           The warranty granted for batteries supplied is identical to the warranty granted by the manufacturer. For lead batteries this warranty is 3 months and for optional Lithium Ion, or Lithium Iron Phosphate 24 months.
11.7.           Other products supplied are covered by the manufacturer warranty, which warranty will never cover more than the warranty granted for the product by the manufacturer or supplier.
11.8.           The invoice is the warranty certificate.
11.9.           Customer is obliged to give GlobalFishing B.V. the opportunity to inspect a claim for warranty. The fact that GlobalFishing B.V. looks into a claim for warranty does not imply that GlobalFishing B.V. accepts the claim for warranty.
11.10.           In case the product is defective during the warranty term and the claim for warranty is accepted by GlobalFishing B.V., GlobalFishing B.V. will repair the product.
11.11.           Repairs to (parts of) the product do not extend the warranty term.
11.12.           In case it appears, during the inspection of the claim for warranty or a complaint, that one of the circumstances below applies, the claim for warranty shall be rejected or the complaint will not be looked into any further:
a.       defects caused by inexpert use, incorrect maintenance or cleaning, improper use or improper storage conditions for the product, such as but expressly not limited to storage of the bait boat without evaporation (storing with cover closed), too frequently and unnecessarily charging and discharging of a battery, charging a battery using an incorrect charger and rough handling of the product, causing visible damage to the product;
b.       performance of work and/or modifications (of construction) and/or repairs to the product by Customer and/or a third party without the prior written or electronic approval of GlobalFishing B.V. For the purpose of this a third party is not considered to include Distributor, provided that Distributor has acted in accordance with the guidelines of GlobalFishing B.V.;
c.       damage caused by the user of the product or a third party (destruction);
d.       if the product has not been used in accordance with the instructions and/or technical specifications provided and/or supplied;
e.       if the product has not been used for the purpose for which it is intended;
f.        if defects are caused by external circumstances such as: fire, natural catastrophes, explosion, cleansing agents, accumulated dirt and such.
11.13.           In order to repair the product and/or replace a part thereof Customer is required to deliver or send the product to GlobalFishing B.V.
11.14.           Customer may invoke the warranty only if he has complied with all his payment obligations toward GlobalFishing B.V.
11.15.           In case Customer is not entitled to warranty and/or the claim for warranty is rejected and GlobalFishing B.V. has nevertheless performed repairs to the product and/or supplied one or more replacement parts as ordered by Customer, the costs of said repair services and/or replacement parts shall be charged to Customer.

Article 12.          Liability and prescription
12.1.           The colours that are visible on the screen of Customer may differ from the actual colours of the product. GlobalFishing B.V. is not liable for such differences in colours.
12.2.           GlobalFishing B.V. is not liable for damage of any kind caused by the fact that GlobalFishing B.V. has acted on the basis of incorrect and/or incomplete information provided by Customer.
12.3.           GlobalFishing B.V. is not liable for damage to or caused by the product, for instance by incorrect or inexpert use or use of the product contrary to the instructions for use or instructions provided.
12.4.           GlobalFishing B.V. is not liable for damage in case Customer or a third party has changed or modified (the construction of) the product.
12.5.           GlobalFishing B.V. will in no case be liable for damage that has occurred or has been caused by use of the product for a different purpose than the purpose for which it is intended.
12.6.           GlobalFishing B.V. is not liable for damage such as physical injury, material damage or damage to third parties due to the use of the product. Use of the product is entirely at user’s risk.
12.7.           GlobalFishing B.V. is never liable for damages on account of consequential damage. Consequential damage will in any case include: loss of turnover, loss of profit, loss of savings, production damage, operating damage, malfunctions, interruption of operations, damage caused by delay, reputational damage, cost of labour, environmental damage, imposed fines and indirect damage irrespective of their cause.
12.8.           In case GlobalFishing B.V. should be liable for any damage, the liability of GlobalFishing B.V. shall be limited to the amount paid by the insurer of GlobalFishing B.V. In case the insurer should not make any payment in any give case or the damage is not covered by the insurance the liability of GlobalFishing B.V. – to the extent that this is not a violation of any mandatory statutory regulation – shall be limited to the invoice amount, i.e. to that part of the Agreement to which said liability applies.
12.9.           The limitations of liability contained in this article shall not apply in case damage is due to intent or conscious recklessness on the part of GlobalFishing B.V.
12.10.           Rights of action will become prescribed after 1 year, however, for Consumer a prescription period of 2 years applies.

Article 13.          Contact and complaints
13.1.           For questions about the order or submission of a complaint Customer may contact GlobalFishing B.V. GlobalFishing B.V. is available:
a.       by email, address;
b.       by telephone, number 035-7632849.
13.2.           In case a question and/or complaint is submitted by email and it is not possible to respond to that immediately, a confirmation of receipt will be sent to Customer, which will contain the time in which Customer may expect a response.
13.3.           Complaints submitted to GlobalFishing B.V. will be responded to within a term of 14 days, commencing on the date of receipt. In case it is expected that a complaint requires more time for processing, GlobalFishing B.V. will respond within the term of 14 days with a confirmation of receipt and an indication as to when Customer may expect a more detailed response.

Article 14.          Applicable law and competent court of law
14.1.           The Agreement between GlobalFishing B.V. and Customer is governed by Dutch law.
14.2.           Any disputes in connection with Agreements between Customer and GlobalFishing B.V. shall be submitted to the jurisdiction of the competent court of law in the district in which GlobalFishing B.V. has been registered. Consumer has the option, within 1 month after GlobalFishing B.V. has invoked this article towards Consumer in writing, to submit the dispute to the court of law that has jurisdiction according to the law.

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