Terms and Conditions

Definitions

1. Aqua-Escape: Aqua-Escape, established in Haarlem under Chamber of Commerce no. 81280122.

2. Customer: the person with whom Aqua-Escape has entered into an agreement.

3. Parties: Aqua-Escape and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Aqua-Escape.

2. Parties can only deviate from these terms and conditions if they have expressly agreed in writing.

3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Prices

1. All prices that Aqua-Escape uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.

2. All prices that Aqua-Escape uses for its products or services, on its website or that are otherwise made known, Aqua-Escape can change at any time.

3. Increases in the cost prices of products or parts thereof, which Aqua-Escape could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples / models

If the customer has received a sample or model of a product, then he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond with the sample or model. .

Consequences not paying on time

1. If the customer does not pay within the agreed term, Aqua-Escape is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month. .

2. If the customer is in default, he is also due extrajudicial collection costs and any compensation to Aqua-Escape.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Aqua-Escape may suspend its obligations until the customer has fulfilled his payment obligation.

5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Aqua-Escape's claims against the customer are immediately due and payable.

6. If the customer refuses to cooperate with the performance of the agreement by Aqua-Escape, he is still obliged to pay the agreed price to Aqua-Escape.

Right of Complaint

1. As soon as the customer is in default, Aqua-Escape is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Aqua-Escape invokes the right of complaint by means of a written or electronic notification.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Aqua-Escape, unless the parties make other agreements about this.

4. The costs for the return or return of the products are for the account of the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, on the condition that:

• the product has not been used

• it is not a product that can spoil quickly, such as food or plants

• it is not a product that has been specially tailored or adapted for the consumer

• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

• the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

• the product is not a trip, transport ticket, catering order or form of leisure activity

• the product is not a separate magazine or newspaper

• regarding (order for) urgent repair

• the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 commences:

• on the day after the consumer has received the last product or part of 1 order

• as soon as the consumer receives the first product

3. The consumer can make his appeal to the right of withdrawal known via info@aqua-escape.com.

4. The consumer is obliged to return the product to Aqua-Escape within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.

5. The costs for returns are only for the account of Aqua-Escape if the entire order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Aqua-Escape will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal. condition that the consumer has returned the product to Aqua-Escape on time.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

1. Aqua-Escape can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Aqua-Escape, unless the customer has provided sufficient security for those costs. .

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Aqua-Escape.

3. Aqua-Escape is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Aqua-Escape with a claim on Aqua-Escape.

Retention of title

1. Aqua-Escape remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Aqua-Escape on the basis of any agreement concluded with Aqua-Escape, including claims regarding shortcomings in the compliance.

2. Until that time, Aqua-Escape can invoke its retention of title and take back the goods.

3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

4. If Aqua-Escape invokes its retention of title, the agreement is considered dissolved and Aqua-Escape has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Aqua-Escape, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer.

4. If the agreed amounts are not paid or not paid on time, Aqua-Escape has the right to suspend its obligations until the agreed part has been paid.

5. In case of late payment, there is a default of creditors, with the result that the customer cannot invoke a late delivery to Aqua-Escape.

Delivery time

1. The delivery times stated by Aqua-Escape are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.

2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Aqua-Escape.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Aqua-Escape cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Aqua-Escape cannot be held liable. held for any damage.

2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging to Aqua-Escape prior to transport, failing which Aqua-Escape cannot be held liable for any damage.

Retention

1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Guarantee

1. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.

Exchange

1. Exchange is only possible if the following conditions are met:

• exchange takes place within 14 days after purchase against presentation of the original invoice

• the product is returned in the original packaging or with the original (price) tags still attached

• the product has not yet been used

2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer and livestock cannot be exchanged.

Disclaimer

The customer indemnifies Aqua-Escape against all claims from third parties related to the products and / or services supplied by Aqua-Escape.

Complaints

1. The customer must examine a product or service provided by Aqua-Escape as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Aqua-Escape of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. set.

3. Consumers must inform Aqua-Escape of this within 2 months after discovery of the shortcomings.

4. The customer provides a detailed description of the shortcoming, so that Aqua-Escape is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to current activities, this cannot in any case lead to Aqua-Escape being obliged to perform other activities than agreed.

Notice of default

1. The customer must make notice of default known to Aqua-Escape in writing.

2. It is the responsibility of the customer that a notice of default actually reaches Aqua-Escape (on time).

Joint and several liability of the customer

If Aqua-Escape enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Aqua-Escape on the basis of that agreement.

Liability Aqua-Escape

1. Aqua-Escape is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.

2. If Aqua-Escape is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

3. Aqua-Escape is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

4. If Aqua-Escape is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.

Expiration period

Any right of the customer to compensation from Aqua-Escape expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right to cancel

1. The customer has the right to dissolve the agreement if Aqua-Escape imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.

2. If the fulfillment of the obligations by Aqua-Escape is not permanent or temporarily impossible, dissolution can only take place after Aqua-Escape is in default.

3. Aqua-Escape has the right to dissolve the agreement with the customer, if the customer does not fully or not timely fulfill his obligations under the agreement, or if Aqua-Escape has taken cognizance of circumstances that give him good grounds to fear. that the customer will not be able to properly fulfill his obligations.

Force of the majority

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Aqua-Escape in the fulfillment of any obligation towards the customer cannot be attributed to Aqua-Escape in any of the will of Aqua-Escape. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Aqua-Escape.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.

3. If a force majeure situation occurs as a result of which Aqua-Escape cannot fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Aqua-Escape can meet them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. Aqua-Escape does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

1. Aqua-Escape is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Aqua-Escape will discuss major substantive changes with the customer as much as possible in advance.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Aqua-Escape.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Aqua-Escape had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Dutch law is exclusively applicable to every agreement between the parties.

2. The Dutch court in the district where Aqua-Escape is established / has a practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on December 24, 2020.