GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF KITEFACTORY (a part of Core n More B.V.)

1. Applicability

   1.1 These General Terms and Conditions apply to all products in the webshop of Kitefactory.

   1.2 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain products if explicitly indicated.

   1.3 "Buyer" refers to any visitor to the website or any natural or legal person who is or will be in a contractual relationship of any kind with Kitefactory.

   1.4 Kitefactory reserves the right to modify or supplement these terms from time to time.

   1.5 By using the website of Kitefactory and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.

2. Offers

   2.1 All offers from Kitefactory are non-binding. Offers are subject to the availability of the products. Kitefactory has the right to deliver a similar product or to dissolve the agreement if the ordered product is unavailable.

   2.2 An agreement is concluded at the moment an order confirmation is made via the website.

   2.3 Buyer and Kitefactory explicitly agree that a valid agreement is concluded using electronic communication forms. The absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of Kitefactory, to the extent permitted by law, serve as a presumption of evidence.

   2.4 Information, images, communications orally, by telephone, or via email provided regarding all offers and the main characteristics of the products are as accurately as possible. However, Kitefactory does not guarantee that all offers and products are fully in accordance with the provided information. Deviations cannot be a reason for compensation and/or dissolution.

3. Prices

   3.1 All prices are expressed in Euros, in accordance with legal requirements.

   3.2 All prices include Dutch VAT but exclude other government levies and shipping costs unless otherwise stated in the product-related information. If the buyer is not in the country of dispatch, the buyer is liable for any VAT or import duties payable.

   3.3 Special offers are only valid for the duration stated with the offer.

   3.4 Kitefactory reserves the right to correct any typographical errors in the sales price and to thereby dissolve the purchase.

4. Payment

   4.1 Unless expressly agreed otherwise, delivery will only take place after payment in advance.

   4.2 All extrajudicial costs incurred by Kitefactory due to the non-compliance by the Buyer with their (payment) obligations will be borne by the Buyer.

   4.3 In the event of late payment, Kitefactory is entitled to dissolve the agreement immediately or to suspend further delivery until the Buyer has fully met the payment obligations, including the payment of any interest and costs.

5. Delivery / Delivery Time

   5.1 The delivery times indicated on the website are indicative and not a strict deadline. Kitefactory is never liable for damage resulting from exceeding delivery times.

   5.2 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Delays will be communicated to the Buyer by email or telephone.

   5.3 Kitefactory ensures delivery by post or shipment in another manner of its choice. Ownership transfers upon delivery.

   5.4 Kitefactory is entitled to deliver in parts. The additional costs of subsequent delivery will be borne by Kitefactory.

   5.5 Different conditions may apply for deliveries abroad.

6. Exchange and Right of Withdrawal

   6.1 For agreements concluded via the website or in another manner using only electronic communication, the Buyer has the right to exercise a right of withdrawal within seven working days after delivery of the product without penalty and without giving any reason.

   6.2 If the Buyer exercises the right of withdrawal as mentioned in the previous paragraph, Kitefactory will ensure the refund within 30 days of the amount paid by the Buyer to Kitefactory. The cost of returning the product is borne by the Buyer.

7. Force Majeure

   7.1 In case of force majeure, Kitefactory is not obliged to fulfill its obligations towards the Buyer, respectively the obligation is suspended for the duration of the force majeure.

   7.2 Force majeure includes any circumstance independent of the will of Kitefactory, which prevents the fulfillment of its obligations towards the Buyer wholly or partially. These circumstances include strikes, fire, business interruptions, energy interruptions, non-delivery or late delivery by suppliers or other engaged third parties, and the absence of any government-issued permit. Force majeure also includes failures in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website at any time.

8. Compensation

   8.1 Kitefactory can only be held liable for damage attributable to its intent or gross negligence or arising from circumstances that, according to mandatory legal rules, are at its risk.

   8.2 The provisions in this article do not affect the statutory liability of Kitefactory under mandatory legal provisions.

9. Applicable Law / Competent Court

   9.1 All legal relationships between Kitefactory and the Buyer are governed by Dutch law.

   9.2 All disputes arising from this agreement or subsequent agreements will be settled in accordance with the Regulations of the Netherlands Arbitration Institute or, if Kitefactory chooses, by the competent court in the place of residence or business of Kitefactory or the Buyer. The procedure will be conducted in the Dutch language.