Terms of service

These general terms and conditions apply to every purchase in the Knives Surfing Fins web shop at knivesfins.co. Our refund policy and shipping policy are part of them.

Definitions

• Knives Surfing Fins: Knives Surfing Fins, established at Jupiterkade 7, 2516 BS Den Haag, the Netherlands, Chamber of Commerce (KvK) no. 73573566, VAT no. NL002357917B92.
• Customer: the person with whom Knives Surfing Fins has entered into an agreement.
• Parties: Knives Surfing Fins and the customer together.
• Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions apply to all offers, orders, agreements and deliveries of products or services by or on behalf of Knives Surfing Fins.
2. Parties can only deviate from these terms if they have explicitly agreed so in writing.
3. The parties expressly exclude the applicability of supplementary or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices of Knives Surfing Fins are in euros and include VAT. Shipping costs are shown separately at checkout, unless stated otherwise.
2. Knives Surfing Fins may change the prices in its shop at any time. The price shown when you place your order is the price you pay.
3. Increases in cost prices that Knives Surfing Fins could not foresee when making an offer or concluding the agreement may lead to price increases.
4. A consumer may terminate an agreement because of such a price increase, unless the increase follows from statutory regulation.

Samples and images

1. Images, photos, colours and descriptions on the website are an indication of the product. Small differences cannot lead to compensation or dissolution of the agreement.

Payment

1. Orders are paid at checkout, using one of the payment methods offered there.
2. If a payment fails or is reversed, Knives Surfing Fins may suspend delivery until the order has been paid in full.

Consequences of late payment

1. If the customer does not pay within the agreed term, Knives Surfing Fins may charge interest of 1% per month from the day the customer is in default, a part of a month counting as a whole month.
2. When the customer is in default, the customer also owes extrajudicial collection costs, calculated on the basis of the Dutch decree on reimbursement for extrajudicial collection costs, and may owe further compensation.
3. If the customer does not pay on time, Knives Surfing Fins may suspend its obligations until the customer has paid.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the claims of Knives Surfing Fins on the customer are immediately due.

Retention of title

1. Knives Surfing Fins remains the owner of all delivered products until the customer has paid everything owed under the agreement.
2. Until then, Knives Surfing Fins may invoke its retention of title and take back the products. The customer may not pledge, sell or otherwise encumber the products before ownership has passed.
3. If Knives Surfing Fins invokes its retention of title, the agreement is dissolved and Knives Surfing Fins may claim compensation, lost profit and interest.

Right of withdrawal

1. A consumer may cancel an online purchase within a cooling-off period of 14 days without giving a reason. The period starts on the day after the consumer has received the last product of the order.
2. This right does not apply to products made to the consumer's specifications, to products that cannot be returned for reasons of hygiene once their seal has been broken, or when the consumer has renounced the right of withdrawal.
3. The consumer notifies Knives Surfing Fins of the withdrawal within the 14 days through the contact page or by email to farnorthgear@gmail.com, if desired using the model withdrawal form below.
4. The consumer returns the products within 14 days after the notification, unused, in the condition received and in the original packaging. The cost of returning the products is for the consumer.
5. Knives Surfing Fins refunds the purchase price, and the standard shipping cost if the complete order is withdrawn, within 14 days of the notification, using the original payment method. Knives Surfing Fins may wait with the refund until the products have been received back.
6. Model withdrawal form: "I hereby give notice that I withdraw from my contract of sale of the following goods: [products], ordered on [date] / received on [date], order number [number], name [name], address [address], date [date]."

Delivery

1. Delivery takes place while stocks last.
2. Products ordered online are delivered to the address given by the customer, within the countries listed in our shipping policy.
3. If the agreed price has not been paid on time, Knives Surfing Fins may suspend its obligations until the price has been paid in full.

Delivery period

1. Any delivery period we give is an indication. Not meeting it does not give the right to dissolution or compensation, unless parties have expressly agreed otherwise in writing, or unless we cannot deliver within a reasonable additional period set by the consumer.
2. The delivery period starts once the customer has completed the order and received an order confirmation by email.

Packaging and shipping

1. If the package of a delivered product is opened or damaged on arrival, the customer reports this to us within 14 days, preferably with a photo, so that we can sort it out with the carrier.
2. The risk of loss or damage of the products passes to the customer once the products have been delivered to the customer or to a third party who receives them on behalf of the customer.

Guarantee

1. Products meet the agreement and the reasonable expectations of the customer. The statutory rights of consumers always apply.
2. Our guarantee covers defects caused by faulty manufacture, construction or material.
3. The guarantee does not cover normal wear and tear, or damage caused by accidents, changes made to the product, negligence or improper use. Fins can break on impact with the bottom, rocks or other surfers: that is why every Butterknives fin is also sold on its own.

Complaints

1. The customer checks a delivered product as soon as possible for shortcomings.
2. If a product does not meet what the customer could reasonably expect, the customer informs us as soon as possible. Consumers do so within two months after discovering the shortcoming.
3. The customer describes the shortcoming as precisely as possible, with photos where useful, so that we can respond properly.
4. We answer complaints within 14 days of receipt.

Liability of Knives Surfing Fins

1. Knives Surfing Fins is only liable for damage the customer suffers if and insofar as it is caused by intent or gross negligence.
2. If Knives Surfing Fins is liable, it is only liable for direct damage that results from or relates to the execution of an agreement, and never for indirect damage such as consequential loss, lost profit or damage to third parties.
3. If Knives Surfing Fins is liable, its liability is limited to the amount paid out by its liability insurance, or, without such payment, to the invoice amount the liability relates to.
4. These limitations do not apply insofar as the law does not allow them towards consumers.

Expiry period

1. Every right of the customer to compensation from Knives Surfing Fins expires 12 months after the event from which the liability arises. This does not exclude article 6:89 of the Dutch Civil Code.

Dissolution

1. The customer may dissolve the agreement if Knives Surfing Fins imputably fails to fulfil its obligations, unless the shortcoming is of minor significance.
2. If fulfilment by Knives Surfing Fins is not permanently impossible, dissolution can only take place after Knives Surfing Fins is in default.
3. Knives Surfing Fins may dissolve the agreement if the customer does not fully or timely fulfil its obligations, or if circumstances give good grounds to fear that the customer will not be able to fulfil them.

Force majeure

1. In addition to article 6:75 of the Dutch Civil Code, a shortcoming of Knives Surfing Fins cannot be attributed to it in any situation beyond its control that prevents fulfilment in whole or in part, or in which fulfilment cannot reasonably be required.
2. This includes, without limitation: emergencies such as war, riots and natural disasters; failures of suppliers, carriers or other third parties; disruptions of power, internet or telecom; strikes; government measures; unforeseen transport problems and bad weather.
3. During force majeure our obligations are suspended. If it lasts at least 30 calendar days, both parties may dissolve the agreement in writing, without any compensation being owed.

Changes to these terms

1. Knives Surfing Fins may change or supplement these terms. The terms that apply are those published when the order was placed.
2. Consumers may cancel an agreement in the event of a substantial change to these terms that affects it.

Transfer of rights

1. The customer cannot transfer rights arising from an agreement with Knives Surfing Fins to third parties without our prior written consent. This provision has property law effect as referred to in article 3:83(2) of the Dutch Civil Code.

Nullity

1. If one or more provisions of these terms are void or voidable, the other provisions remain in force. Such a provision is replaced by one that comes as close as possible to what Knives Surfing Fins intended.

Applicable law and competent court

1. Dutch law applies to all agreements between the parties. A consumer living in another EU country keeps the protection of the mandatory law of that country.
2. The competent Dutch court in the district where Knives Surfing Fins is established settles any disputes, unless the law prescribes otherwise. Consumers may also go to the court of their place of residence.