Terms and conditions
General terms and conditions Budgetboten
Article 1: definitions
In these General Terms and Conditions the following terms have the following meanings:
- Budgetboten: the trade name of Floris Watersport B.V. registered with the Chamber of Commerce under file number: 50126040 established in: Marinaweg 43, 4924 AD Drimmelen, which trade name is focused on the purchase and sale of vessels or parts of vessels in the lower segment.
- Purchaser: the natural person or legal entity who/which enters into an agreement with Budgetboten with regard to the purchase of a vessel or a part of a vessel of Budgetboten.
- Seller: the natural person or legal entity who/which enters into an agreement with Budgetboten with regard to the sale of a vessel or a part of a vessel to Budgetboten.
- Vessel: an object that is fitted out to stay on water and to move thereon, including the items of equipment and fixtures and fittings forming part thereof, as well as a hull or vessel under construction.
- Electronic: by email, by telephone or website.
- Agreement: every verbal or written agreement for the purchase or sale of a vessel, parts, or any other form of provision of service by Budgetboten.
Article 2: applicability
- These General Terms and Conditions apply to every offer and supply and every purchase and sale agreement for vessels or parts of vessels, as well as outboard and inboard engines.
- The Dutch text of these General Terms and Conditions is the authentic text and will prevail over translations of these General Terms and Conditions.
Article 3: offer and test sailing
- All vessels and/or parts are sold and purchased as margin scheme goods, unless agreed otherwise.
- If the purchaser makes an offer for a vessel, or as the case may be a seller offers a vessel to Budgetboten for purchase, Budgetboten will have twenty four hours to accept this offer, unless another time period has been agreed.
- The purchaser has the option, in consultation with Budgetboten, to at the purchaser's own risk, test sail the vessel. The purchaser and the persons who do the test sailing with the purchaser, must be able to swim with sufficient proficiency, if this is not the case a life jacket must be worn. Budgetboten retains the right to refuse any test sailing, this will inter alia take place if the condition of the vessel permits test sailing, or if the sale price of the vessel does not justify any test sailing.
- In the event that the vessel with which test sailing takes place concerns a vessel for which one must be by law in the possession of a boating licence, the purchaser will submit his/her boating licence to Budgetboten prior to doing the test sailing.
- During the test sailing the purchaser will be fully liable for any damage to the vessel that arises during the test sailing and the damage that is caused to third parties during the test sailing.
- If the seller offers a vessel for purchase to Budgetboten, the seller guarantees that the seller is entitled to sell the vessel and/or the parts. The seller will offer the option to Budgetboten to do test sailing with the vessel at the seller's risk.
- If the seller offers to Budgetboten a vessel for purchase that can sail faster than 20 kilometres per hour, the seller will ensure that the offered vessel is registered with the National Vehicle and Driving Licence Registration Authority (Dutch RDW).
Article 4: the agreement
- The agreement comes into effect by means of acceptance of the offer.
- The agreement will be recorded in writing, or as the case may be electronically. The agreement is provided with these General Terms and Conditions.
- The seller will deliver the vessel in unconditional ownership, free of mortgages and attachments and registrations thereof and free of debts and/or obligations of whatsoever nature, also including the harbour debts. The seller indemnifies Floris Watersport against any claims by third parties.
Article 5: guarantee
- The vessel and/or parts will be purchased by the purchaser in the condition is which these are at the time of the concluding of the agreement. The purchaser has an obligation to investigate the quality and the condition of the entire vessel and/or parts. This obligation to investigate also entails the electronics that are present on board. Budgetboten will offer the option to the purchaser to execute this investigation and will answer in good faith all questions with regard to the condition of the vessel.
- Vessels and/or parts are sold without any guarantee. Budgetboten is specialised in very competitively priced vessels, this mainly concerns vessels and/or parts that still require renovation. The purchaser is aware of the fact that this very competitive asking price cannot entail any guarantee.
- Budgetboten will never be liable for any damage or consequential loss, which has arisen as a result of any bacteria or other kind of pollution in the fuel tank.
Article 6: retention of title and payment
- The vessel and/or the parts remain the property of Budgetboten until the time when the purchase price has been paid in full.
- If the purchaser agrees to the sale price, the purchaser will pay a deposit within twenty four hours for the payment of the reservation of the vessel and/or the parts for the purchaser.
- The remaining amount will be paid prior to taking the vessel and/or the parts away however, this will be no later than within seven days, unless another payment term has been agreed in the contract. In the event that the remaining amount is not paid in a timely manner, Budgetboten will have the option to offer the vessel and/or the parts to other interested purchasers. In that case the purchaser will not have the right to refund of the deposit.
- The purchaser will be responsible for ensuring that the vessel is insured from the time of the payment.
Article 7: cancellation
- In the event of cancellation of the purchase of a vessel and/or parts, Budgetboten will retain the paid deposit amount for the payment of the costs incurred by Budgetboten.
Article 8: force majeure and applicable law
- In the event that Budgetboten or the purchaser cannot fulfil their obligations due to force majeure, these obligations will be suspended for the duration of the force majeure situation.
- Budgetboten and the purchaser will inform each other as soon as possible of a (possible) force majeure situation.
- In the event of force majeure the purchaser has no right to any compensation (of damage).
- Force majeure inter alia includes: all involuntary operational failures or hindrances, such as fire, natural disasters, hindrances by third parties, terrorism, and furthermore in general all circumstances, events, causes and consequences that fall beyond the control or power of one of the parties. Payment problems are not force majeure.
- The law of the Netherlands applies to these General Terms and Conditions and the agreements concluded with Floris Watersport.