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General Conditions

General conditions for the Boskalis shop

1. General

1.1 These general conditions apply to all offers, orders and agreements entered into by Baggermaatschappij Boskalis bv, trading under the trade name Boskalis shop and registered with the Chamber of Commerce and Industry in Rotterdam under number 23011424 (VAT number: NL0019.20.509.B.01).

1.2 The Boskalis shop name is the brand property of Baggermaatschappij Boskalis bv.

1.3 The general conditions are available to the public and can be found on the website of Royal Boskalis Westminster nv (http://www.boskalis.com/). Written copies can be provided upon request.

1.4 By placing an order, clients indicate that they have agreed to these general conditions. Boskalis shop retains the right to change or amend its general conditions.

1.5 Boskalis shop guarantees that the product supplied complies with the agreement and with the specifications stated in the offer.

1.6 Derogation from the provisions of these general conditions is possible only subject to express written agreement and shall leave unimpaired all other provisions of these general conditions.

1.7 Baggermaatschappij Boskalis B.V. is located at the Rosmolenweg 20, 3356 LK Papendrecht in the Netherlands.

2. Prices

2.1 All prices for the products on offer are listed in euros (€) and include turnover tax (VAT).

2.2 Prices will not be raised during the course of the offer and/or the agreement unless statutory measures or economic developments render this necessary.

2.3 Printing or typing errors in prices are reserved. No liability shall be accepted for the consequences of printing or typing errors.

3. Pictures and specifications

3.1 All pictures; photographs, drawings, specifications, descriptions and conditions etc. on the website of the Boskalis shop are approximate only and indicative in nature. They shall not serve as grounds for any compensation for damages or termination of the agreement.

4. Delivery

4.1 Products will be supplied as long as stocks last.

4.2 The delivery time for dispatch in the Netherlands is two working days, unless stated otherwise on the website of the Boskalis shop. The delivery time for dispatch in Europe is seven working days. These delivery times are indicative; Boskalis shop shall agree to a maximum delivery time of 30 days.

4.3 If a client provides Boskalis shop with a delivery address in writing (through the website), Boskalis shop shall be entitled to send all orders to that address until the client provides a new address in writing.

4.4 All terms stated on the website are indicative. All rights relating to those terms are reserved.

4.5 Boskalis shop accepts full responsibility for any goods it dispatches that go missing in transit as a result of loss, theft or in any other way.

4.6 When Boskalis shop exceeds the agreed delivery time for whatever reason, Boskalis shop shall inform the client accordingly either orally or in writing (by fax, letter or e-mail). The client shall then be entitled to terminate the agreement with Boskalis shop by submitting a request to that effect in writing (by fax, letter or e-mail) to Boskalis shop.

4.7 Any payments already made by the client will be paid back into the bank account of the client as quickly as possible after Boskalis shop has received the request for the termination of the agreement referred to in clause 4.6, but within a maximum of fourteen (14) days.

4.8 Boskalis shop reserves the right to make partial deliveries to the client so that orders are sent in two or more installments.

5. Execution

5.1. Boskalis shop shall be entitled at all times when executing orders placed by the client and agreements with the client to make use of the services of third parties.

6. Cooling-off period

6.1 The client shall be entitled to terminate the underlying agreement with Boskalis shop without stating any reason during a period of seven (7) days after the client has received the product he/she has ordered.

6.2 If the client wishes to terminate the agreement under clause 6.1 of these general conditions, the client shall inform Boskalis shop accordingly in writing (via e-mail, letter or fax). The client shall, after consultation with Boskalis shop, return the product in person or send it to a return address given by Boskalis shop immediately after termination or no later than the end of the guarantee period. If the client returns the product to a return address, the associated costs and risk shall be for the account of the client.

6.3 If the client has already made some payments when the client has revoked the agreement with Boskalis shop in accordance with clauses 6.1. and 6.2 of these general conditions, Boskalis shop shall return these payments to the client immediately or no more than fourteen (14) working days after Boskalis shop has received the product returned by the client. Any shipping costs for the return of the product shall be for the account of the client at all times.

6.4 Boskalis shop accepts no responsibility whatsoever for any returned goods that go missing in transit as a result of loss, theft or in any other way.

6.5 Boskalis shop reserves the right to refuse returned products or to credit only a part of the amount already paid if there is a suspicion that the product is not in the same condition as when it was sold.

6.6 If a product is returned that, in the opinion of Boskalis shop, has incurred damage that can be attributed to actions or negligence on the part of the client or that is at the risk of the client in any other way, Boskalis shop shall inform the client accordingly in writing (by fax, letter or e-mail). Boskalis shop shall be entitled to deduct any reduction in value of the product as a result of this damage from the amount to be reimbursed to the client.

7. Guarantees

7.1 Boskalis shop guarantees that the products supplied shall comply with the agreement and the specifications stated in the order and therefore vouches for the factory guarantee of the product supplied to the client.

7.2 The guarantee period for products supplied by Boskalis shop is twelve (12) months. This guarantee shall not apply in the case of 1. incorrect use 2. deliberate damage 3. theft or 4. negligence.

7.3 Claims under guarantee shall become invalid if servicing/repairs are carried out by services other than those designated by the manufacturer as qualified to carry out repairs or other work on the product.

7.4 A guarantee means that Boskalis shop: 1. accepts for its account the costs of repairs and rectification work, 2. guarantees replacement of the product by an equivalent product and, if there is no reasonable possibility of doing this, 3. shall return the purchase sum.

8. Privacy & data protection

8.1 If you place an order with Boskalis shop, your data will be entered into the Boskalis shop client database.

8.2 Boskalis shop will not sell your data under any circumstances and only supply them to third parties in so far as this is necessary for the execution of an order or the fulfillment of an agreement.

8.3 Boskalis shop respects your privacy and takes the steps required for the confidential handling of your personal data. Processing of the data of clients conforms with the Personal Data Protection Act and all applicable legislation and regulations.

8.4 Boskalis shop makes use of a mailing list. Every mailing contains instructions for being removed from this list.

8.5 The client shall have unencumbered access to the personal data recorded by Boskalis shop about the client. The client shall be entitled at all times to request changes to, or the removal of, the data.

9. Force majeure

9.1 Boskalis shop shall be liable for any failure to meet its commitments in full or in part as a result of force majeure.

9.2 Force majeure is taken to mean any outside cause or circumstance that cannot reasonably be considered to be under the control of Boskalis shop. Delays caused by, or breach or negligence on the part of, suppliers, or strikes, government measures, staff illness, defective auxiliary or transport equipment or technical defects in the website and associated systems and technical systems shall explicitly be considered to constitute force majeure.

9.3. Boskalis shop reserves the right in the case of force majeure to suspend its commitments and shall also be entitled to terminate an agreement in full or in part, or to require the content of the agreement to be amended in such a way that execution remains possible. Under no circumstance shall Boskalis shop be required to pay any penalty or damages.

10. Complaints

10.1 Clients shall submit complaints in writing (by fax, letter or e-mail) to the sales department of Boskalis shop (contact details can be found at the bottom of the page).

10.2 All complaints relating to delivery, quality, the condition of the product or any other complaint shall be treated seriously by Boskalis shop.

10.3 Boskalis shop will investigate complaints within ten (10) working days and attempt to resolve them. Boskalis shop shall inform clients in writing (by fax, letter or e-mail) about investigations and solutions.

11. Intellectual and industrial property rights

11.1 All pictures, texts and other content on the website of Boskalis shop are the intellectual property of Boskalis shop and are therefore protected by copyright.

11.2 The client shall respect in full and without reservation all intellectual and industrial property rights relating to goods supplied by Boskalis shop.

11.3 Boskalis shop does not provide any assurances that the goods supplied to the client do not infringe any intellectual and/or industrial property rights of third parties and accepts no liability whatsoever in the matter of claims from third parties on the grounds that goods supplied by Boskalis shop may have infringed upon any rights of third parties.

12. Applicable law and disputes

12.1 The proper law for all offers, orders and agreements to which Boskalis shop is a party shall be Dutch law.

12.2 Disputes relating to agreements between Boskalis shop and the client which are not settled by mutual agreement shall be submitted to the competent court in the district of Amsterdam, unless Boskalis shop indicates a preference for submitting the dispute to the competent court in the domicile of the client, with the exception of disputes that come within the jurisdiction of the sub-district court.