Algemene voorwaarden
General Terms and Conditions
Nedsail — last updated 29/03/2026
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period:
the period within which the consumer may exercise their right of withdrawal;
Consumer:
the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day:
calendar day;
Continuing contract:
a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium:
any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal:
the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form:
the model withdrawal form that the trader makes available, which the consumer can complete when they wish to exercise their right of withdrawal.
Trader:
the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract:
a contract whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication:
a means that can be used for concluding a contract without the consumer and trader being physically present in the same place at the same time.
General Terms and Conditions:
these General Terms and Conditions of the trader.
Article 2 - Identity of the trader
Nedsail
Bommelweg 2
4171BK Herwijnen
The Netherlands
Phone number: 0418584115
Email address: info@nedsail.nl
Chamber of Commerce number: 30264657
VAT identification number: NL001480229B89
Article 3 - Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or voidable, the contract and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not governed by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to claims for damages or dissolution of the contract.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:
- the price inclusive of taxes;
- any shipping costs;
- the manner in which the contract will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the time limit for accepting the offer, or the period for which the trader guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding it;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing contract.
Article 5 - The agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within legal limits, inform itself of whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, the trader is entitled to refuse an order or application, giving reasons, or to attach special conditions to performance.
The trader will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:
- the visiting address of the trader's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For the delivery of products:
When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the consumer will return the product with all accessories supplied and — if reasonably possible — in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must give notice using the model withdrawal form or by other means of communication such as email. After notifying the trader of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example by means of a proof of shipment.
If the consumer has not exercised the right of withdrawal or returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.
For the delivery of services:
When services are delivered, the consumer has the right to dissolve the contract without giving reasons for at least 14 days, commencing on the day the contract is entered into.
To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the trader or conclusive proof of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminution in value of the product.
The consumer cannot be held liable for any diminution in the value of the product if the trader has not provided all legally required information about the right of withdrawal prior to the conclusion of the purchase contract.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been produced by the trader in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- that by their nature cannot be returned;
- that can deteriorate or expire quickly;
- whose price is subject to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has commenced with the consumer's explicit consent before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or fitness for purpose, and the statutory provisions and/or government regulations in force at the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the contract.
The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly, or contrary to the trader's instructions and/or the instructions on the packaging;
- the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The trader will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to contractual compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a time limit does not give the consumer the right to contractual compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.
Article 12 - Continuing contracts: duration, termination and renewal
Termination
The consumer may terminate a contract entered into for an indefinite period of time that relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a definite period of time that relates to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- at minimum in the same manner in which they were entered into;
- always with the same notice period as the trader has stipulated for itself.
Renewal
A contract entered into for a definite period of time that relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, a contract entered into for a definite period of time that relates to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of up to three months, provided the consumer can terminate the renewed contract before the end of the renewal period with a notice period of no more than one month.
A contract entered into for a definite period of time that relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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 a contract for the regular delivery, but less than once a month, of daily, news and weekly papers and magazines.
A contract with a limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end upon expiry of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service contract, this period commences after the consumer has received confirmation of the contract.
The consumer has an obligation to immediately report inaccuracies in payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
The trader has a sufficiently publicised complaints procedure and will handle complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader within 2 months of the consumer discovering the defect, in a fully and clearly described manner.
Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
In the event of complaints, the consumer should first contact the trader. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. You can check whether this webshop holds a current membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose ruling is binding, and both trader and consumer agree to this binding ruling. Costs are involved in submitting a dispute to this committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This applies even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from 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 the consumer can store them in an accessible manner on a durable medium.