Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
Article 9 – Entrepreneur’s Obligations in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Execution
Article 14 – Long-Term Transactions: Duration, Termination, and Extension
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-Off Period: the period during which the consumer can make use of their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Duration Agreement: an agreement which aims at the regular delivery of goods, services, and/or digital content for a certain period;
Durable Data Carrier: any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a manner that allows future consultation or use for a period aligned with the purpose for which the information was intended, and which makes unchanged reproduction of the stored information possible;
Right of Withdrawal: the consumer’s option to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
Distance Agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where up to and including the conclusion of the agreement only or partly one or more techniques for remote communication are used;
Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions;
Remote Communication Technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet simultaneously in the same place.

Article 2 – Identity of the Entrepreneur

Company Name: Wanderlust Dive Center B.V.

Managing Directors: Mr. S. Velema and Mrs. L. Velema-Willems

Business Address/Visiting Address:
Kaya Perenales 3, Kralendijk (Bonaire)

Phone Number: +599 – 786 99 18

Email Address: info@wanderlustdivecenter.com

Chamber of Commerce Number: 14115

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be reviewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, deviations from the previous paragraph are possible, and before the distance agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs are correspondingly applicable and the consumer may always rely on the most favorable applicable provision in the event of conflicting conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description must be sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products, services, and/or digital content. Apparent mistakes or errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and fulfilling the conditions set for this.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will also take appropriate security measures for this.
  4. The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
  5. The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information in writing or in such a way that it can be stored by the consumer on a durable data carrier:
    a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
    b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
    c. information on guarantees and existing after-sales service;
    d. the price including all taxes of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or execution of the distance agreement;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For Products:

  1. The consumer can dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
    a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have informed the consumer clearly before the ordering process, refuse an order of multiple products with different delivery times.
    b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
    c. for agreements for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

For Services and Digital Content Not Delivered on a Tangible Medium:
3. The consumer can dissolve a services agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Cooling-Off Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium When Not Informing About the Right of Withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined according to the previous paragraphs of this article.
6. If the entrepreneur has provided the information mentioned in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received this information.

Article 7 – Consumer Obligations During the Cooling-Off Period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The rule here is that the consumer can handle and inspect the product as they would in a physical store.
  2. The consumer is only liable for diminished value of the product resulting from handling the product beyond what is necessary to establish its nature, characteristics, and functioning.
  3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs

  1. If the consumer makes use of the right of withdrawal, they will notify the entrepreneur of this within the cooling-off period using the model withdrawal form or another unambiguous statement.
  2. As soon as possible, but within 14 days from the day following the notification as referred to in paragraph 1, the consumer will return the product or hand it over to (a representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer is on time if they return the product before the cooling-off period has expired.
  3. The consumer will return the product with all accessories if reasonably possible, in its original condition and packaging, and in accordance with the entrepreneur’s reasonable and clear instructions.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
  5. The consumer will bear the direct costs of returning the product unless the entrepreneur has agreed to bear these costs.
  6. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days from the day on which the entrepreneur is informed of the consumer’s decision to withdraw from the agreement. The entrepreneur may wait with the reimbursement until they have received the product back or the consumer has demonstrated that they have returned the product, whichever comes first.
  7. The entrepreneur will use the same payment method for the reimbursement as the one used by the consumer, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 9 – Entrepreneur’s Obligations in Case of Withdrawal

  1. If the entrepreneur allows the consumer to submit a withdrawal request electronically, they will send a confirmation of receipt without delay after receiving such a request.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but no later than 14 days from the day on which the entrepreneur is informed of the consumer’s decision to withdraw from the agreement. The entrepreneur may wait with the reimbursement until they have received the product back or the consumer has demonstrated that they have returned the product, whichever comes first.
  3. For the reimbursement, the entrepreneur will use the same payment method as the one used by the consumer unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the right of withdrawal of the consumer for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. that have been created by the entrepreneur according to consumer specifications;
    b. that are clearly personal in nature;
    c. that cannot be returned due to their nature;
    d. that can spoil or age quickly;
    e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    f. for individual newspapers and magazines;
    g. for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
    b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired.

Article 11 – The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. The offer will state that the prices are subject to fluctuations and the fact that any prices mentioned are target prices.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or stipulations.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    a. they are the result of legal regulations or stipulations;
    b. the consumer has the authority to cancel the agreement as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Performance and Additional Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
  2. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement if the entrepreneur has not fulfilled their part of the agreement.
  3. An additional warranty is understood to mean any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in case the entrepreneur has not fulfilled their part of the agreement.

Article 13 – Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without cost and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Long-Term Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:
    a. at any time and not be limited to termination at a specific time or period;
    b. at least in the same way as they were entered into by the consumer;
    c. always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:
4. A fixed-term agreement that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a period of up to three months if the consumer has the option to terminate the agreement towards the end of the extension period with a notice period of no more than one month.
6. A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right to terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement that extends to the regular delivery of daily or weekly newspapers and magazines.
7. An agreement with a limited duration of less than one year that extends to the regular delivery of daily or weekly newspapers and magazines may only be tacitly extended for a fixed term of less than one year if the consumer has the option to terminate the agreement towards the end of the extension period with a notice period of no more than one month.

Article 15 – Payment

  1. As long as no other agreement has been made, the consumer must pay the amount owed within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for reasonable costs made known beforehand.

Article 16 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Disputes arising from an agreement between the entrepreneur and the consumer and to which these general terms and conditions apply will be submitted to the competent court within the district where the entrepreneur is established.

Article 18 – Additional or Different Terms

  1. Additional or different terms to these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.