Terms and Conditions – Scuba Support
TERMS AND CONDITIONS SCUBA SUPPORT
These terms and conditions apply to all offers, orders, sales agreements and service agreements (including maintenance, repair and cylinder filling) of Scuba Support, located at Franciscusweg 10-1, 1216SK Hilversum, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 321167830000, VAT number NL001959467B52 (hereinafter: "Scuba Support" or "we").
Note: bracketed placeholders such as [KVK NUMBER] must be completed with the correct details before publication. This English version is an adaptation of the Dutch "Algemene Voorwaarden", which remains legally controlling — see Article 23.
Article 1 — Definitions
In these terms and conditions, the following terms have the following meanings:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by Scuba Support or by a third party on the basis of an arrangement between that third party and Scuba Support;
- Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
- Consumer: a natural person not acting in the course of a trade, business, craft or profession, who enters into a distance contract with Scuba Support;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: an agreement covering the regular supply of goods, services and/or digital content over a period of time;
- Durable medium: any tool — including e-mail — enabling the consumer or Scuba Support to store information addressed to them personally in a way that allows future reference for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information;
- Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
- Agreement: any agreement between Scuba Support and the consumer for the sale and delivery of products and/or the performance of services, including repair, maintenance and service work on diving equipment and the filling of diving cylinders;
- Distance contract: an agreement concluded between Scuba Support and the consumer under an organised system for distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication (for example, Scuba Support's webshop);
- Model withdrawal form: the European model withdrawal form included as Annex I to these terms;
- Means of distance communication: any means used to conclude an agreement without the consumer and Scuba Support being in the same place at the same time.
Article 2 — Identity of the trader
Scuba Support
Franciscusweg 10-1
1216SK Hilversum, the Netherlands
Phone: +31 (0)35 631 34 99
E-mail: [email protected]
Website: www.scubasupport.nl
Chamber of Commerce (KvK) number: 321167830000
VAT identification number: NL001959467B52
Availability: see current opening hours at www.scubasupport.nl/nl/service/openingstijden.
Article 3 — Applicability
- These terms and conditions apply to every offer by Scuba Support and to every agreement concluded between Scuba Support and the consumer, whether concluded through the webshop, by phone, by e-mail, or in the physical shop/workshop.
- Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, Scuba Support will indicate, before the distance contract is concluded, how the terms and conditions can be viewed at Scuba Support's premises and that they will be sent free of charge as quickly as possible at the consumer's request.
- If the distance contract is concluded electronically, the text of these terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
- If specific additional terms apply alongside these general terms (for example, specific service terms for repair work), paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.
- If any provision of these terms and conditions is void or voided, the remaining provisions remain in full force. Scuba Support and the consumer will then consult to agree on new provisions to replace the void provision, taking into account, as much as possible, the purpose and intent of the original provision.
Article 4 — The offer
- If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered, including any technical specifications (for example, the suitability of parts for particular regulator brands/models), so that the consumer can properly assess the offer. Obvious mistakes or errors in the offer do not bind Scuba Support.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Product images are a true representation of the products offered. Scuba Support cannot guarantee that displayed colours exactly match the actual colours of the product.
- Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 — The agreement
- Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
- If the consumer has accepted the offer electronically, Scuba Support will promptly confirm receipt of that acceptance electronically. Until receipt of this acceptance has been confirmed, the consumer may terminate the agreement.
- Scuba Support will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment, including a secure payment environment.
- Within statutory limits, Scuba Support may verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Scuba Support has good grounds not to enter into the agreement, it is entitled to refuse an order or request, with reasons, or to attach special conditions to its performance.
- Scuba Support will, together with the product or service, send the consumer the following information, in writing or in such a way that it can be stored by the consumer on a durable medium (for example, by e-mail with the order confirmation):
- the visiting address of Scuba Support's premises where the consumer can address complaints;
- the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
- information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; delivery costs where applicable; and the method of payment, delivery or performance of the distance contract;
- Scuba Support's complaints procedure (see Article 21).
Article 6 — Right of withdrawal for products
- When purchasing products, the consumer has the option to terminate the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and notified to Scuba Support, receives the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical shop.
- The consumer is liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 2. This applies in particular to diving equipment (such as regulators, dive computers or diving cylinders) that has in any way been put into use, opened for servicing, come into contact with water, or has had seals broken.
- The consumer can exercise the right of withdrawal referred to in paragraph 1 by submitting the model withdrawal form (Annex I) or another unambiguous statement to Scuba Support within the cooling-off period, for example by e-mail to [email protected].
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4, the consumer must return the product, or hand it over to (an authorised representative of) Scuba Support. The consumer has observed the return deadline if the product is returned before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and following the reasonable and clear instructions provided by Scuba Support.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The direct costs of returning the product are borne by the consumer, unless Scuba Support has failed to state that the consumer must bear these costs, or Scuba Support states that it will bear the costs itself.
Article 7 — Costs in the event of withdrawal
- If the consumer exercises their right of withdrawal, they will bear, at most, the cost of returning the goods.
- If the consumer has paid an amount, Scuba Support will refund this amount, including any delivery costs charged for the returned product, as soon as possible and within 14 days of the withdrawal, provided that the product has already been received back by Scuba Support, or conclusive proof of complete return can be furnished. Refunds are made using the same payment method used by the consumer, unless the consumer agrees to a different method.
- In the event of damage to the product due to careless handling by the consumer (see Article 6(3)), the consumer is liable for any resulting diminished value. Scuba Support may offset this diminished value against the amount to be refunded.
- The consumer bears no costs for the (partial) supply of digital content not delivered on a physical medium, if:
- they did not expressly consent, prior to delivery, to the performance of the agreement starting before the end of the cooling-off period;
- they did not acknowledge losing their right of withdrawal when giving that consent; or
- Scuba Support failed to confirm this statement by the consumer.
Article 8 — Exclusion of the right of withdrawal
Scuba Support may exclude the consumer's right of withdrawal to the extent set out in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Scuba Support has clearly stated this in the offer, or at least in good time before the agreement was concluded.
- Exclusion for products, including:
- products manufactured by Scuba Support to the consumer's specifications (custom work), such as custom-cut undergarments, adapted rig configurations, personalised engravings or non-standard assembled sets;
- products that are clearly personal in nature;
- products that cannot be returned due to health protection or hygiene reasons, and whose seal has been broken after delivery — this concerns in particular mouthpieces, snorkels, mask skirts with foam/neoprene padding, drysuit undergarments, and similar products that come into contact with the mouth, nose or skin;
- products that, after delivery, have by their nature become irrevocably mixed with other products;
- sealed audio, video recordings and computer software of which the seal has been broken after delivery;
- newspapers, periodicals or magazines, with the exception of subscriptions to these;
- the supply of digital content other than on a tangible medium, but only if performance has begun with the consumer's prior express consent and acknowledgement that they thereby lose their right of withdrawal.
- Exclusion for services, including:
- service contracts, the performance of which has begun, with the consumer's consent, before the cooling-off period has expired, and where the consumer has declared to waive the right of withdrawal once the service has been fully performed. This concerns in particular maintenance, service and repair work on regulators, dive computers, drysuits, BCDs/wings, diving cylinders and underwater scooters that are started at the consumer's explicit request before the 14-day cooling-off period has expired. Scuba Support explicitly requests the consumer's (written or digital) consent to this when accepting the job;
- services delivered according to a strictly personal appointment schedule, such as scheduled cylinder fills at the fill station that are carried out at the consumer's request before the cooling-off period has expired.
- Fill station (compressed air, nitrox, oxygen, trimix)
Filling diving cylinders with compressed air, nitrox, oxygen or trimix is a service that is carried out immediately and irrevocably at the time of performance, and which the consumer explicitly requests to be performed immediately. The right of withdrawal does not apply to this service once the fill has taken place.
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 paragraph 1, Scuba Support may offer products or services with variable prices where those prices are subject to fluctuations in the financial market over which Scuba Support has no influence. Such dependency on fluctuations and the fact that any stated prices are target/indicative prices is stated in the offer (for example, for commodity-dependent parts).
- Price increases within 3 months of concluding the agreement are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after concluding the agreement are only permitted if Scuba Support has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
- Prices stated in the offer of products or services include VAT.
- For work whose scope cannot be determined precisely in advance (for example, repairs where the parts required only become clear during inspection), Scuba Support works with a price indication or a fixed diagnostic/call-out fee, followed by a final quotation which the consumer must approve before further work is carried out (see Article 12).
Article 10 — Conformity and guarantee
- Scuba Support guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded.
- A guarantee provided by Scuba Support, the manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against Scuba Support on the basis of the agreement (statutory conformity, Section 7:17 et seq. of the Dutch Civil Code).
- Any defects or incorrectly delivered products must be reported to Scuba Support in writing or by e-mail within a reasonable time after the consumer discovers them.
- Manufacturer's warranty provided by Scuba Support on branded items (regulators, dive computers, BCDs and similar) is the warranty granted by the relevant manufacturer or its official importer and is processed through the procedures applicable to that warranty. Scuba Support assists the consumer in submitting warranty claims to the manufacturer or importer.
- On repair and service work, Scuba Support provides a 3-month warranty on the labour performed and the original parts used, unless expressly agreed or stated otherwise on the work order. This warranty is limited to defects related to the work performed by Scuba Support and/or the parts used in that work. Defects in other parts or components of the product that were not part of the repair or service performed are not covered by this warranty. This warranty further lapses if:
- the defect arose from normal wear and tear;
- the defect arose from improper or inappropriate use, or use contrary to the instructions given by the manufacturer or Scuba Support;
- after the service, the consumer or a third party made or attempted changes to the product without Scuba Support's prior written consent;
- damage arose from use of the product beyond the depth, pressure or gas limits specified by the manufacturer, or other unauthorised use.
- The warranty does not apply if the defect is a direct result of an accident, misuse, insufficient maintenance, or normal wear of diving equipment components (such as mouthpieces, o-rings, drysuit zippers).
Article 11 — Delivery and performance
- Scuba Support will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address made known to Scuba Support by the consumer, or Scuba Support's shop/workshop if collection is chosen.
- Scuba Support will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be notified no later than 30 days after placing the order. In that case the consumer has the right to terminate the agreement free of charge.
- Following termination under the previous paragraph, Scuba Support will refund any amount paid by the consumer without delay.
- The risk of damage to and/or loss of products rests with Scuba Support until the moment of delivery to the consumer or a representative designated in advance and notified to Scuba Support, unless expressly agreed otherwise.
- For diving equipment which the consumer hands in for repair, maintenance or filling at Scuba Support, the risk of loss or damage lies with Scuba Support for as long as the equipment is actually in Scuba Support's possession, i.e. from actual receipt at Scuba Support's shop/workshop until it is collected by, or returned to, the consumer there.
- Shipping. Where the consumer sends equipment to Scuba Support by post, courier or another carrier (inbound shipment), or Scuba Support sends equipment back to the consumer by post, courier or another carrier at the consumer's request (outbound shipment), that transport is at the risk of the carrier or the sending party, and not at the risk or responsibility of Scuba Support. Scuba Support is not liable for loss, damage or delay occurring during such transport, regardless of who booked the carrier or who bears the shipping costs. The consumer is free to cover this transport risk at their own expense by taking out insurance, for example with the carrier or a third party.
Article 12 — Repair, maintenance and service work
This article sets out additional terms specifically applicable to repair, maintenance or service work carried out by Scuba Support at the consumer's request on diving equipment (including regulators, drysuits, BCDs/wings, dive computers, dive lights, underwater scooters, and cylinders/valves).
- Acceptance and diagnosis. When handing in diving equipment for inspection, maintenance or repair, the consumer receives a work order describing the reported issue and/or request. If the nature or scope of the work cannot be established in advance, Scuba Support may charge a diagnostic and/or call-out fee, which is communicated to the consumer in advance.
- Quotation for additional scope. If, during the work, it becomes apparent that additional work or parts are required beyond the original assignment or price indication, Scuba Support will contact the consumer for approval before carrying out or charging for this additional work. Without the consumer's approval, no costs beyond a reasonable margin on the original indication will be charged.
- Safety. Scuba Support services life-support diving equipment (such as regulators and diving cylinders) in accordance with the relevant manufacturer's instructions and applicable (European) safety standards. The consumer remains responsible for checking the proper functioning of their equipment before use and for complying with the certification and training requirements applicable to its use (for example, diving certification, nitrox certification).
- Uncollected items. Diving equipment that is not collected by the consumer within 3 months after notification that the work has been completed may be stored by Scuba Support against a reasonable storage fee. After a written reminder allowing a further 4 weeks, Scuba Support is entitled to sell the item to recover the outstanding claim, paying out any surplus to the consumer, subject to the applicable statutory provisions on abandonment of property.
- Parts. Where possible, Scuba Support uses original manufacturer parts. If original parts are not (timely) available, Scuba Support will inform the consumer in advance of any equivalent alternatives and will request consent for their use.
- Replaced parts. Unless the consumer expressly requests in advance to have them returned, replaced parts are responsibly disposed of or recycled by Scuba Support after completion of the work.
- Shipping to and from Scuba Support. For the risk during inbound and outbound transport of equipment sent by post, courier or another carrier, Article 11(7) applies: such transport is at the risk of the carrier/sending party, not at the risk of Scuba Support.
Article 13 — Loan equipment
- If Scuba Support provides the consumer with temporary replacement equipment ("loan equipment") in connection with repair, maintenance or service work, this is done only after prior consultation and subject to the conditions set by Scuba Support for this purpose.
- Scuba Support may request a reasonable deposit for the use of loan equipment. This deposit is refunded to the consumer after timely and proper return of the loan equipment, less any costs for damage, loss or excessive wear that occurred to the loan equipment during the loan period.
- From the moment of actual handover until the moment of return, the consumer is liable for loss of, and damage to, the loan equipment, unless that damage results from normal use or is attributable to Scuba Support.
- The consumer must use the loan equipment in accordance with the manufacturer's instructions for use and within the limits of their own certification and experience.
- Loan equipment must be returned no later than the agreed date, or otherwise within the period indicated by Scuba Support when the equipment was issued. In the event of late return, Scuba Support is entitled to charge a reasonable fee for the additional period of use.
Article 14 — Fill station (compressed air, nitrox, oxygen and trimix)
- Scuba Support only fills diving cylinders that have a valid, verifiable inspection/test date in accordance with applicable (European) pressure vessel regulations. Cylinders without a valid inspection, with visible damage, or where the condition of the valve is questionable, will be refused.
- For filling with nitrox, oxygen or trimix, the consumer must, on request, be able to show a valid and applicable certification (for example, Nitrox, Advanced Nitrox or Trimix certification). Scuba Support reserves the right to refuse a fill if the consumer does not hold the required certification, or if there is reasonable doubt about the suitability of the cylinder or valve for the requested gas mixture (in particular in connection with oxygen-compatibility/O2-clean requirements).
- The consumer remains solely responsible for analysing and checking the gas mixture in the cylinder before diving, even where Scuba Support has analysed the gas mixture and recorded it on the analysis form or cylinder label.
- Filling a diving cylinder is a service performed immediately at the consumer's request; see also Article 8(4) regarding the exclusion of the right of withdrawal for this service.
- Refusal of a fill. If Scuba Support refuses a fill under paragraph 1 or 2 (for example, due to an expired inspection, a damaged cylinder, or the absence of the required certification), there is no right to compensation. Where the consumer has already paid in advance for the relevant fill or for a fill subscription, the portion of the amount relating to the fill(s) not carried out will, in consultation with the consumer, be refunded or credited towards a future fill, at the consumer's choice.
Article 15 — Gift cards and vouchers
- Gift cards and vouchers issued by Scuba Support (including digital gift cards via the webshop) are, unless expressly stated otherwise, valid for a period of 12 months from the date of issue.
- Gift cards and vouchers can be redeemed for Scuba Support's products and/or services up to the balance stated on, or remaining on, the card. They cannot be exchanged for cash, and any balance remaining after the validity period expires is forfeited, to the extent permitted by law.
- In the event of loss, theft or misuse of a gift card or voucher, Scuba Support is not obliged to replace it or refund it, unless the consumer can demonstrate that the card was not spent or redeemed by the consumer themselves.
- Gift cards are sold as a service of Scuba Support in their own right and are not subject to the right of withdrawal under Article 8(2)(b) (products of a clearly personal nature), to the extent they have already been (partly) redeemed.
Article 16 — Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6(1), or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer receives confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the relevant order or service(s) until the stipulated advance payment has been made.
- The consumer has a duty to report inaccuracies in payment details provided or stated without delay to Scuba Support.
- If the consumer does not meet their payment obligation(s) on time, then, after Scuba Support has notified the consumer of the late payment and has granted the consumer a period of 14 days to still fulfil their payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the outstanding amount, and Scuba Support is entitled to charge the extrajudicial collection costs it incurred in accordance with the Dutch Extrajudicial Collection Costs Act (WIK).
Article 17 — Retention of title
All products delivered by Scuba Support remain the property of Scuba Support until the consumer has properly fulfilled all obligations under the relevant agreement(s), including full payment of the purchase price, any claims for work performed or to be performed by Scuba Support under the agreement, and claims arising from failure to perform the agreement.
Article 18 — Intellectual property
- All intellectual property rights in the website, webshop, content, texts, photographs, logos and trademarks of Scuba Support belong to Scuba Support or its licensors.
- The consumer may not, without Scuba Support's prior written consent, reproduce, publish or otherwise use material from the website or webshop beyond the intended personal, non-commercial use.
Article 19 — Liability
- Scuba Support is not liable for any damage of any kind arising because Scuba Support relied on incorrect and/or incomplete information provided by or on behalf of the consumer.
- Scuba Support is only liable for direct damage that is the direct result of an attributable failure to perform the agreement by Scuba Support. Direct damage is understood to mean only the reasonable costs of establishing the cause and extent of the damage, any reasonable costs incurred to make Scuba Support's defective performance comply with the agreement, and reasonable costs incurred to prevent or limit damage.
- Scuba Support is not liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption, except in the case of damage caused by intent or deliberate recklessness on the part of Scuba Support or its senior management.
- Diving and the use of diving equipment are not without risk. Nothing in these terms limits Scuba Support's liability for damage resulting from intent or gross negligence on the part of Scuba Support, nor for damage resulting from death or personal injury insofar as this damage is the direct result of an attributable failure of Scuba Support. However, the consumer remains at all times responsible for properly completing adequate dive training, using equipment within the limits of their own certification and experience, and following the manufacturer's user instructions.
- Safety warning. Diving with compressed air, nitrox, oxygen or trimix, and using regulators, dive computers, diving cylinders and other life-support diving equipment, is not without risk. The consumer is and remains personally responsible for checking the proper functioning of their equipment and the gas mixture in their cylinder before every dive, even after this equipment has been serviced, repaired, filled or analysed by Scuba Support. Scuba Support accepts no liability for damage resulting from the consumer's failure to carry out this check.
- Maximum liability. Without prejudice to the rest of this article, Scuba Support's total liability for direct damage per event (a series of related events being treated as a single event) is limited to the amount actually paid out under Scuba Support's liability insurance in the case concerned, plus any applicable deductible. If and insofar as, for whatever reason, no payment is made under that insurance, Scuba Support's liability is limited to the invoice value of the agreement giving rise to the damage, with a maximum of €2,500 per event. *(Note: this amount is a suggested figure — adjust it to match the coverage of your liability insurance.)*
- This limitation of liability does not affect the consumer's statutory rights arising from product liability and statutory conformity rules, and does not apply to damage caused by intent or deliberate recklessness on the part of Scuba Support.
Article 20 — Force majeure
- Scuba Support is not obliged to fulfil any obligation towards the consumer if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and is not for its account under the law, a legal act, or generally accepted standards (force majeure), including but not limited to supply problems at suppliers or manufacturers, malfunctions at the fill station, fire, power outages, and government measures.
- During force majeure, Scuba Support's delivery and/or other obligations are suspended. If the period during which performance is impossible due to force majeure lasts longer than two months, both parties are entitled to terminate the agreement, without any obligation to pay damages in that case.
Article 21 — Complaints procedure
- Complaints about the performance of the agreement must be submitted to Scuba Support fully and clearly described, within a reasonable time after the consumer has discovered the defects, by e-mail to [email protected] or in writing to the address stated in Article 2.
- Complaints submitted to Scuba Support will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Scuba Support will respond within this 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
- A consumer may also submit a dispute to the European Online Dispute Resolution (ODR) platform, accessible via ec.europa.eu/consumers/odr.
- A complaint does not suspend Scuba Support's obligations, unless Scuba Support states otherwise in writing.
- If a complaint is found to be justified by Scuba Support, Scuba Support will, at its discretion, replace or repair the delivered products free of charge, or perform the service again.
Article 22 — Personal data and privacy
- Scuba Support processes the consumer's personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation.
- Personal data is processed solely for concluding and performing the agreement (for example, processing orders, repair jobs and fill requests, customer management and invoicing), for complying with statutory obligations, and — where the consumer has given consent — for sending newsletters and offers.
- A full description of which personal data is processed, for what purpose, on what legal basis, for how long it is retained, and what rights the consumer has (including the right of access, rectification, erasure and data portability) is set out in Scuba Support's separate [privacy statement], available on the website.
- Questions about the processing of personal data can be directed to [email protected].
- For the use of cookies and similar techniques on Scuba Support's website and webshop, please see the separate [cookie statement], also available on the website.
Article 23 — Disputes and governing law
- Dutch law exclusively applies to agreements between Scuba Support and the consumer to which these terms and conditions relate. The Vienna Convention on the International Sale of Goods (CISG) is expressly excluded.
- Disputes between the consumer and Scuba Support concerning the conclusion or performance of agreements relating to products and services delivered or to be delivered by Scuba Support may be submitted by either the consumer or Scuba Support to the competent court in the district where Scuba Support is established, or — if the consumer indicates this within one month of Scuba Support invoking this article in writing — to the court that is competent under the law.
- This English text is a translation and adaptation of Scuba Support's Dutch "Algemene Voorwaarden" for the convenience of English-speaking customers. In the event of any discrepancy or dispute regarding the interpretation or content of these terms, the Dutch text shall prevail.
Article 24 — Amendment and location of the terms
- These terms and conditions are published on www.scubasupport.nl and are available free of charge from Scuba Support on request.
- The version applicable is always the one in force at the time the relevant agreement was concluded, unless the consumer is entitled, after conclusion of the agreement, to a provision more favourable to them in an amended version.
- In the event of interpretation of the content and meaning of these terms and conditions, the Dutch text always prevails over any translations thereof.
Annex I — Model withdrawal form
(Only complete and return this form if you wish to withdraw from the agreement)
To: Scuba Support, Franciscusweg 10-1, 1216SK Hilversum, the Netherlands, [email protected]
I/We* hereby give notice that I/we* withdraw from our agreement relating to the sale of the following products:
[description of product]
Ordered on*/received on*: [date]
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is submitted on paper): ____________________
Date: ____________________
(\*) delete as appropriate.
