1. Definitions
Entrepreneur: An individual or legal entity offering products and/or services remotely to consumers or wholesalers.
Website: The entrepreneur’s website accessible at https://cap-vis.nl and all associated subdomains.
Customer: An individual or legal entity, regardless of whether they are acting in a professional or business capacity, who enters into an agreement with the entrepreneur and/or registers on the website.
Agreement: Any agreement or arrangement between the entrepreneur and the customer, which includes these general terms and conditions.
Product: Fishing equipment or other fishing-related items offered to the customer on the entrepreneur’s website.
General Terms and Conditions: These general terms and conditions.
2. Application of General Terms and Conditions
1. The General Terms and Conditions apply to all offers, agreements, and deliveries by the entrepreneur, unless expressly agreed otherwise in writing.
2. If the customer includes provisions or conditions that deviate from or are not covered by the General Terms and Conditions, such provisions or conditions are binding on the entrepreneur only if they have been explicitly accepted in writing by the entrepreneur.
3. Offers, Pricing, and General Store Use Conditions
1. All prices listed on the Website and in other offers by the entrepreneur include VAT and, unless stated otherwise on the Website, other government-imposed charges.
2. The online store has been developed with the utmost care. However, the entrepreneur cannot guarantee that all information on the website is always accurate and complete, as it may contain programming and typographical errors.
3. If shipping costs are applicable, they will be clearly indicated before the agreement is concluded and will be displayed separately during the ordering process.
4. Orders can be placed via the website 24/7.
5. The entrepreneur is not responsible for color variations resulting from screen quality or differences in screen settings.
6. Customers have the option to use the store by registering an account.
7. To register an account, the customer must complete the registration form on the store’s website, providing accurate information. Upon registration, an agreement is formed between the seller and the customer regarding the provision of account management services.
8. After successful registration, the customer will receive a confirmation email at the address provided in the registration form. Account access is protected by a password set by the customer. From the account, the customer can view order history, payment details, and available discount vouchers. The customer may update previously provided registration data.
9. Account services are provided free of charge and indefinitely. The customer may terminate the agreement regarding the account at any time by sending a termination notice to info@cap-vis.nl. Upon termination, the account will be removed from the store’s database. If the store is processing an order at the time of termination, the account will be deleted only after the order is fulfilled.
10. Customers are prohibited from submitting unlawful content. By accepting the terms of this agreement, the customer agrees not to violate this prohibition.
11. All products listed on the website match the manufacturer’s images provided by MIKADO. Some images are provisional and may differ from the actual product specifications described.
4. Sales Agreement
1. The agreement is concluded when the customer accepts the entrepreneur’s offer and complies with the conditions set by the entrepreneur.
2. If the customer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until confirmation is received, the customer may withdraw from the agreement.
3. If it turns out that incorrect information was provided during the acceptance of the offer or otherwise when concluding the agreement, the entrepreneur is entitled to fulfill their obligations only after receiving correct information.
4. The entrepreneur may, within legal limits, verify whether the customer can meet their payment obligations and other factors relevant for responsibly entering into the agreement. If the entrepreneur has reasonable grounds based on this verification not to conclude the agreement, they may refuse to process the order or impose special conditions such as a deposit.
5. Registration, Ordering, and Order Processing
1. To place an order and optimally use the online store, the customer must register via the registration form/account registration option on the website.
2. During the registration process, the customer selects a username and password, which they use to log in to the site after registration. The customer is responsible for choosing a sufficiently secure password.
3. The customer must keep their login details (username and password) confidential. The entrepreneur is not liable for improper use of login details and may assume that the person registering on the site is indeed the customer. All actions taken via the customer’s account are at the customer’s own risk and responsibility.
4. If the customer knows or suspects that their login details have been compromised, they should promptly change their password and/or notify the entrepreneur to take appropriate action.
5. The seller reserves the right not to fulfill orders that cannot be processed due to incomplete data or reasonable suspicion of incorrect information. The seller will attempt to contact the customer to verify this information.
6. The sales agreement is concluded upon the seller’s confirmation of the order. For electronic orders, confirmation will be sent to the customer’s email address.
7. Orders placed on business days will be processed within 48 hours of order confirmation.
8. Orders placed on Saturdays, Sundays, or public holidays will be processed within 48 hours of the next business day. The entire order processing typically takes 4 business days.
9. The order processing time should be extended by the delivery time, depending on the delivery method chosen by the customer.
6. Implementation of the Agreement
1. Immediately after receiving an order, the entrepreneur will dispatch the products as quickly as possible, following the conditions specified in Article 6 of these terms.
2. The entrepreneur may involve third parties in fulfilling their obligations under the agreement.
3. If the entrepreneur cannot deliver the products within the agreed timeframe, they will inform the customer. In such cases, the customer may agree to a new delivery date or opt for a free cancellation of the agreement.
4. The entrepreneur advises the customer to inspect the delivered products and report any concerns or defects via email within the specified timeframe. The responsibility for checking the condition of the product immediately upon receipt lies with the customer, even if the product is collected by a third party appointed by the customer.
5. Risk related to the products passes to the customer upon delivery to the specified delivery address. If agreed otherwise, risk passes to the customer earlier. If the customer chooses to collect the products, risk passes upon transfer of the products.
7. Complaints and Returns
1. Complaints are only considered in cases where the product is incomplete, damaged, differs from what was represented at the time of sale, does not function as expected for that type of product, or software ceases to work after a short period.
2. By placing an order, the customer acknowledges their decision and has no right to return the product for reasons other than those mentioned in point 1 of Article 7.
3. Any complaints about purchased goods can be submitted electronically to info@cap-vis.nl.
4. The seller will address complaints within 14 days of receipt. The customer will be notified of the outcome of the complaint via email or phone.
8. Payment
1. All prices for goods offered in the store are gross amounts and include the applicable VAT.
2. Delivery costs are not included in the product price and are borne by the customer.
3. The customer must make payments to the entrepreneur according to the payment methods specified in the ordering process and possibly on the website. The entrepreneur has the freedom to choose and change the available payment methods.
4. If the customer fails to meet their payment obligations on time, after being notified of the delay and given a 14-day period to settle their obligations, the entrepreneur may charge statutory interest and additional extrajudicial collection costs. Collection costs are a maximum of: 15% of overdue amounts up to EUR 2,500; 10% of amounts over EUR 2,500; and 5% of amounts over EUR 5,000, with a minimum of EUR 40. The entrepreneur may deviate from these amounts and percentages to the customer’s benefit.
9. Warranty
1. This article applies only when the customer is a private individual not acting in a professional or business capacity.
2. The entrepreneur guarantees that the products conform to the agreement, specifications provided in the offer, reasonable requirements of solidity and/or usability, and legal requirements and/or government regulations in force on the date of the agreement.
3. The warranty provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims the customer may have based on the agreement.
4. If the delivered product does not comply with the agreement, the customer must notify the entrepreneur of the defect within 14 days of receiving the product. The customer must provide necessary photos to convincingly demonstrate that the products do not meet the agreement.
5. If the entrepreneur deems the complaint valid, the product will be repaired, replaced, or refunded in consultation with the customer. The maximum refund is equal to the price paid by the customer for the product.
10. Liability
1. This article applies only if the customer is an individual or entity acting in connection with their profession or business.
2. The entrepreneur’s total liability to the customer for a culpable breach of contract is limited to the return of the amount paid under the agreement.
3. The entrepreneur is not liable for indirect damages, including but not limited to consequential damages, lost profits, lost savings, loss of data, and damages resulting from business interruption.
4. Except for the cases mentioned in the previous two paragraphs, the entrepreneur is not liable for damages, regardless of the grounds on which the claim would be based. However, these limitations will be lifted if the damage is due to deliberate actions or gross negligence by the entrepreneur.
5. Entrepreneur’s Liability
The Entrepreneur’s liability towards the Customer for any breaches of contract caused by the Entrepreneur’s fault shall only arise if the Customer has first notified the Entrepreneur in writing of such a breach and set a reasonable deadline for the Entrepreneur to remedy the breach. If, after this period, the Entrepreneur continues to fail in fulfilling its obligations, liability may be considered. The notification of the breach must include a detailed description of the deficiency (with photos) to enable the Entrepreneur to respond appropriately.
6. Conditions for Claiming Compensation
To claim compensation, the Customer must report any defects to the Entrepreneur as soon as possible, but no later than within five (5) days, with due respect to the Customer’s responsibility to check the condition of the product upon receipt.
7. Force Majeure
In the event of force majeure, the Entrepreneur shall not be obligated to compensate for any damages caused to the Customer.
11. Personal data
The Entrepreneur processes the Customer’s personal data in accordance with the Privacy Statement published on the Website.
The Customer consents to receiving commercial information electronically through registration and product purchase in the online store.
The Customer has the right to access their personal data, correct it, and request its deletion.
In matters not regulated by these terms, the provisions of the Polish Civil Code, relevant Polish laws, and European Union law, particularly the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), shall apply.
12. Final Provisions
All agreements between the Customer and the Entrepreneur, as well as any disputes arising from them, shall be governed by Dutch law.
These terms and conditions come into effect on the date of publication on the website www.cap-vis.nl.
The Seller may amend the terms and conditions. Any amendments will be announced on the Store’s website. Customers with a registered account will also be notified via email to the address associated with their account.