Terms & Conditions | Never Try Never Know

General Terms and Conditions NeverTryNeverKnow (NTNK) B.V.

1 Definitions

  • Offer: an offer by NTNK for the purchase of a product, including a purchase
    price, payment obligations, additional costs, an indication/expected delivery
    time, and in which the applicability of these general terms and conditions is
    included;
  • NTNK: the company that products and accessories for watersporters under the NTNK
    trade name;
  • Cooling-off period: the 14-day period after receipt during which the Customer
    can exercise his/her right of withdrawal;
  • Warranty Conditions: conditions related to the warranty, which are applicable
    to NTNK products and all agreements between NTNK and the Customer and
    which are available on the Website;
  • Right of Withdrawal: the possibility of the Customer to withdraw from the
    Distance Agreement within the Cooling-off period;
  • Customer: the natural person, not acting in the exercise of a profession or as
    a business, with whom NTNK enters into an agreement;
  • Standard form for withdrawal: the European standard form for withdrawal,
    included in Annex 1 of these general terms and conditions;
  • Distance Agreement: Any agreement concluded between NTNK and the
    Customer in the framework of an organised system for selling products, digital
    content and/or services, whereby one or more distance communication
    techniques are used exclusively, including to enter into the agreement;
  • Website: NTNK’s website: www.NTNK.today


2 Applicability
1. These general terms and conditions apply to each offer and agreement
between NTNK and the Customer, onto which NTNK has declared these
conditions to be applicable, insofar as parties have not explicitly deviated from
these general terms and conditions in writing.
2. Before the Distance Agreement is concluded, the content of these general
terms and conditions is made available to the Customer. If this is not
reasonably possible, NTNK shall, before the Distance Agreement is
concluded, indicate the way in which the general terms and conditions can be
consulted, and that they will be sent to the Customer at his/her request, free
of charge.
3. If the Distance Agreement is concluded electronically, prior to the Distance
Agreement being concluded, the text of these general terms and conditions
shall be made available electronically to the Customer, in such a way that the
Customer can easily store them on a durable data carrier. If this is not
reasonably possible, prior to the Distance Agreement being concluded, it will
be indicated where the general terms and conditions may be consulted
electronically. These terms and conditions will be provided to the Customer at
his/her request, electronically or otherwise, free of charge.
4. If a situation that is not stipulated in these general terms and conditions
occurs between the parties, then this situation must be judged in the spirit of
these general terms and conditions.

5. If NTNK not always requires strict compliance of these terms and conditions, it
does not mean that the provisions thereof are not applicable, or that the
Customer in any degree would lose the right to require strict compliance of
these terms and conditions in other cases.
6. In the event that specific product or service conditions are also applicable
besides these general terms and conditions, the provisions in the second and
third paragraph of this article shall apply.

3 Quotations and Offer
1. All offers by NTNK are without obligation, unless a period of acceptance is
established. An Offer expires if a product to which the offer relates has
become unavailable in the meantime.
2. NTNK cannot be held to its offers if the Customer can reasonably understand
that the offers, or a part thereof, contain an apparent error or typographical
error.
3. Each Offer includes the necessary information clearly showing the Customer’s
rights and obligations attached to the acceptance of the Offer. This concerns
in particular the price, including taxes, the possible delivery fees, the way the
agreement will be concluded and which actions are required thereto, whether
or not the right of withdrawal is applicable, the payment method, delivery and
execution of this agreement, the period of acceptance of the offer, or the
period within which NTNK guarantees the price, the amount of the rate for
distance communication if the costs of using distance communication
techniques are calculated on a different basis than the regular base rate for
the used method of communication, whether the agreement is archived after it
is concluded, and if so, which way it can be consulted by the Customer and
the way in which the Customer, prior to concluding the agreement, can check
the information he/she provided and, if required, can amend it.
4. The prices in the Offer include VAT and other government taxes, as well as
possible costs to be made in the framework of the agreement, including
administrative costs, unless otherwise indicated. Transportation and assembly
costs are mentioned separately and are explicitly not included in the prices
listed on the offers.
5. If the acceptance (whether based on minor items or not) deviates from the
quotation included in the Offer, NTNK shall not be bound to it. The agreement
will then not be concluded in accordance with said deviating acceptance,
unless NTNK indicates otherwise.
6. All statements by NTNK regarding numbers, measurements, weights, colours
and/or other indications are formulated carefully. However, NTNK cannot
guarantee that deviations will not occur in this respect. Errors, such as pricing
errors on the www.NTNK.today website, in advertisements, offers, quotations,
publications, order confirmations, invoices and other documents from NTNK,
do not bind NTNK.
7. Quotations and offers, including brochures and the Website, are without
obligation and only serve as an invitation to place an order.

4 The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the
time the Customer accepts the Offer and complies with the conditions of the
Offer set by NTNK.

2. If the Customer has accepted the offer electronically, NTNK shall immediately
and electronically confirm receipt of the acceptance of the Offer. As long as
the receipt of said acceptance has not been confirmed by NTNK, the
Customer can rescind the agreement.
3. If the agreement is concluded electronically, NTNK will take appropriate
technical and organizational measures to securely transfer data electronically
and to ensure a secure web environment. If the Customer can pay
electronically, NTNK shall observe the appropriate security measures.
4. NTNK may, within the framework of the law, gather information related to the
Customer’s ability to fulfil his/her payment obligations, and all facts and
factors relevant to responsibly concluding the Distance Agreement. If, acting
on the results of this investigation, NTNK has sound reason not to conclude
the agreement, NTNK is lawfully entitled to refuse an order or request, or to
attach special terms to the implementation.

5 The price
1. The prices of the offered products and/or services shall not increase during
the period of validity indicated in the Offer, except for price changes resulting
from changes in VAT rates.
2. Contrary to the provisions stated in the previous paragraph, NTNK may offer
products or services whose prices are subject to the fluctuations in the
financial market that are beyond NTNK’s control, at variable prices. The Offer
will state the possibility of being subject to fluctuations and the fact that any
indicated prices are target prices.
3. Price increases after the conclusion of the agreement are only permitted if the
Customer has the option to terminate the agreement effective on the day the
price increase takes effect.

6 Delivery, execution and amendment of the agreement; price increase
1. The place of delivery is the address the Customer has given to NTNK.
2. NTNK shall deliver the accepted orders on a specified date and shall keep the
Customer informed about the delivery period and the actual moment of
delivery. If the delivery is seriously or unreasonably delayed after NTNK has
informed the Customer about the moment of delivery, or if it seems that an
order cannot be filled or can only be filled partially, the Customer shall be
informed about this no later than 30 days after placing the order. In that case,
the Customer has the right to terminate the agreement.
3. In case of termination in accordance with the preceding paragraph, NTNK
shall (if applicable) return the amount paid by the customer as soon as
possible, but not later than 14 days after termination of the agreement.
4. If delivery of an ordered product proves to be impossible, NTNK will make
every effort to provide a replacement item. At the latest at time of delivery and
in a clear and comprehensible manner, the Customer will be informed that a
replacement item will be delivered. In case of replacement items, the right of
withdrawal is not excluded. Costs of possible return shipments shall be borne
by NTNK.
5. The day and time of delivery depend on the delivery schedule of the carrier. It
is not possible to change a set appointment. In principle, items are not
delivered on Saturday or Sunday, during evening hours or on public holidays.

6. Delivery takes place at the Customer’s door. The carrier’s employee is not
permitted to enter the Customer’s residence, shed or other immovable
property belonging to the residence.
7. The risk of damage and/or loss of products rests with NTNK until the moment
of delivery to the Customer or a pre-designated representative made known to
NTNK, unless expressly agreed otherwise.
8. NTNK has the right to have certain activities - such as for example, but not
limited to - the execution of warranty work, transport and assembly of items,
carried out by a third party.
9. If, during the execution of the agreement, it appears that for a proper
execution of the agreement it is necessary to modify or supplement it, then
the parties will proceed to amend the agreement in a timely manner and in
mutual consultation. If the nature, scope or content of the agreement is
amended, whether at the request of or indication by the Customer, competent
authorities etc., and the agreement is therefore changed qualitatively and/or
quantitatively, it could have consequences for what was originally agreed
upon. As a result, the originally agreed amount may be increased or
decreased. NTNK shall provide a price quotation for this as far in advance as
possible. An amendment of the agreement may result in the amendment of
the specified term of execution. The Customer accepts the possibility of an
amendment to the agreement, including the change in price and period of
execution.

7 Payment
1. Unless otherwise provided in the agreement or additional terms and
conditions, the outstanding amounts must be settled by the Customer within
14 days of concluding the agreement.
2. It is the Customer’s duty to immediately inform NTNK of inaccuracies in the
supplied or specified payment information.
3. If the Customer does not fulfil his/her payment obligation(s) in a timely
manner, after being notified by NTNK that the payment is late and after the
Customer is given a 14-day period to fulfil his/her payment obligation,
following the failure to pay the amount due within this 14-day period, the
Customer must pay the statutory interest on the amount due and NTNK is
entitled to charge the Customer with any extra-judicial collection costs. These
collection costs amount to no more than: 15% for outstanding amounts up to
EUR 2,500.00; 10% for the following EUR 2,500.00; and 5% for the following
EUR 5,000.00, with a minimum of EUR 40.00. NTNK may deviate from the
indicated amounts and percentages to the benefit of the Customer.

8 Right of Withdrawal
1. The Customer has the possibility to terminate the Distance Agreement related
to the purchase of a product during a 14-day cooling-off period, without stating
reasons. NTNK may ask the Customer about the reason for withdrawal but
cannot force the Customer to state his/her reason(s). The cooling-off period
starts on the day after the Customer, or a third party designated by the
Customer in advance, and who is not the carrier, has received the product
2. The risk and the burden of proof for the proper and timely exercise of the right
of withdrawal lies with the Customer.

9 Customer obligations during the cooling-off period
1. During the cooling-off period as stated in article 8.1, the Customer shall
handle the product and packaging with care. The Customer shall only unpack
or use the product to the extent necessary to determine the nature,
characteristics and operation of the product. The guiding principle is that the
Customer may only handle and inspect the product as he/she would be
allowed to handle or inspect the product in a shop.
2. The Customer is only liable for the decrease in value of the product that is
caused by the way of handling the product which goes beyond what is
allowed in paragraph 1.
10 Exercising the Customer’s right of withdrawal and associated costs
1. If the Customer exercises his/her right of withdrawal, he/she shall notify NTNK
within the cooling-off period, by means of a standard form for withdrawal
(attached as Annex 1) or in another unequivocal manner.
2. As soon as possible, but no later than within 14 days from the day following
the notification referred to in paragraph 1, the Customer shall send - in
accordance with the reasonable and clear instructions by NTNK - the product
and all delivered accessories - if reasonably possible - in their original
condition and packaging back to NTNK, or hand it over to the NTNK dealer
where the delivery of the product took place.
3. If the Customer exercises his/her right of withdrawal, he/she shall only bear
the costs of returning the product.
4. If the Customer has paid an amount to NTNK, NTNK shall reimburse this
amount as soon as possible, but no later than 14 days after receiving the
cancellation notice.
11 Exclusion of the right of withdrawal
The right to cancel does not apply to the following kind of contracts:
1. Contracts for the supply of goods that are made to the consumer’s
specifications or are clearly personalised.
2. Contracts for the supply of goods which are liable to deteriorate or expire
rapidly.
3. Contracts for the supply of sealed goods which are not suitable for return due
to health protection or hygiene reasons and were unsealed after delivery.
4. Contracts for the supply of goods which are, after delivery, according to their
nature, inseparably mixed with other items.

12 Conformity and warranty
1. NTNK guarantees that the products comply with the agreement, the
specifications listed in the offer, the reasonable requirements of soundness
and/or usability and the legal provision and/or government regulations in place
on the date of conclusion of the agreement.
2. The Warranty Terms and Conditions listed on the Website apply to the
products and agreements, including the Distance Agreement.
3. The warranty period begins on the moment of delivery to the Customer.
4. Warranty claims must be submitted with NTNK - with the product being
submitted for inspection. The original sales receipt and the original warranty
certificate provided with the product must be submitted simultaneously to
NTNK.

13 Intellectual property
1. NTNK reserves the rights and authorities to which it is entitled under the
Copyright Act and other intellectual laws and regulations. NTNK has the right
to use the increased knowledge acquired through the execution of an
agreement for other purposes as well, provided that strictly confidential
information of the Customer is not shared with third parties.

14 Data and files, privacy
1. These general terms and conditions apply to the website(s) operated by
NTNK and to all products and services offered and delivered by NTNK to
Customers via internet.
2. NTNK treats the Customer’s data with confidentiality. Data is not made
available to third parties, unless NTNK is legally obliged to do so, or if it is
required for delivery of the product or the service. To the extent that the
information provided by the Customer is considered personal data, NTNK
observes all relevant privacy laws and regulations while processing this
information. The privacy statement on NTNK’s website explains which
personal data NTNK uses for which purposes, and how privacy laws and
regulations are dealt with.

15 Applicable law and disputes
1. All legal relationships in which NTNK is a party are governed solely by Dutch
law, even if the agreement is executed entirely or partially abroad or if the
party involved in the legal relationship resides abroad. The applicability of the
Vienna Sales Convention is excluded. Parties will only go before the courts
after they have done their utmost to resolve the dispute in mutual
consultation.

16 Location and amendments to the terms and conditions
1. These terms and conditions can be found on and downloaded from the
website www.NTNK.today The Customer has declared to have read these
terms and conditions and has confirmed to agree to these terms and
conditions, before the agreement can be concluded. These General Terms
and Conditions by NTNK have been drawn up in October 2019. The most
recent version of the terms and conditions shall always apply, as listed on the
www.NTNK.today website.
2. The Dutch version of the general terms and conditions always determines its
explanation.
Our warranty conditions apply to all NTNK products. It states, among other things,
how long the warranty period is and which parts the warranty covers.