Aloha (future) kiter! Here you can find GoShaka’s terms and conditions. We understand that no one feels like going through these in their entirety, but they are important.
Therefore, we have listed the most important points for you. We do advise you to read the full terms and conditions, as they always take precedence over this summary.
The agreement between you and GoShaka
The agreement between you and GoShaka comes about the moment you have placed an order through the web store (both through the configuration tool and leasing individual products or sets). The lease period then starts from the moment you receive the gear at home. You are a subscriber from that moment until your subscription is cancelled. Of course, we will notify you timely and several times that the end of your contract is in sight.
All equipment remains the property of GoShaka as it is an operational lease agreement. Want to buy over the equipment? That’s possible! Even if your lease period has not yet expired, we will make you a suitable offer.
Our commitments
Our biggest commitment is to provide proper working and above all, safe kitesurfing equipment. This will be delivered to your home in accordance with your order.
If you use our subscription for more than a year (12 months), we offer you the opportunity to have your equipment checked by our repair partner free of charge. This was, you are always assured of material in the very best condition.
Repairs we also take care of. You only pay a small deductible per claim.
Your obligations
The biggest obligation for you is to pay the monthly installments. In addition, we assume that you use the leased equipment properly, as if it were your own. In the unlikely event that something breaks during your subscription, we will repair it. In case of damage or an accident, report within 24 hours, unless this is really not possible. Together we will then look for an appropriate solution. In case of an accident, try to write down the contact details of bystanders, this helps with the assessment on whom the damage can be recovered. If you encounter theft, always report it. Without a police report we cannot do anything and unfortunately we have to recover the costs from you. We want to prevent this!
If you have any questions following this summary or the general terms and conditions, you can always contact our customer service via one of the channels on the contact page, we are happy to help.
In the following general terms and conditions, the following terms shall always have the following meanings:
Application: An offer by the Lessee to enter into the Lease Agreement.
Subscription: The subscription taken out by the Lessee with GoShaka to use the Equipment described in the Lease Agreement on the basis of an Operational lease construction for a periodic payment, for a duration specified in the Lease Agreement;
General Terms and Conditions These General Terms and Conditions as set forth by GoShaka, applicable to each Lease Agreement. (hereinafter also referred to as “GTC“);
One-time charges: The one-time charges payable by the Leaseholder to GoShaka for entering into the agreement, the amount of which is agreed upon in the Lease Agreement;
GoShaka: GoShaka B.V., having its registered office in Amsterdam and its principal place of business at Ohmstraat 7-3, 1098ST Amsterdam, KvK number 89186745;
Lease Amount:The fee payable periodically for the leased Equipment as agreed in the Lease Agreement;
Leaseholder or Lessee: You are our other party. You are the consumer, the (natural) person, not acting in a profession or business with whom GoShaka wishes to enter into or has already entered into a Lease Agreement in writing. By the terms, you, your, we always refer to the Lessee.
Lease Agreement: The (written) agreement between you and GoShaka setting forth the contractual arrangements for the operational lease of the selected Equipment and of which these Terms and Conditions form a part;
Lease Period: The leasing term of the Lease Agreement. The period during which the Lease Agreement entitles the Leaseholder to use the Equipment;
Operational Lease: Form of lease where the leased products remain the property of GoShaka and Lessee receives the right of use for the duration of the Lease Period;
Parties: The Lessee and GoShaka together;
Equipment: The agreed package of kite and/ or wingsurfing equipment which Lessee will lease from GoShaka under the Lease Agreement;
Website: The relevant website of GoShaka (goshaka.nl) as referred to in these General Terms and Conditions and the Lease Agreement.
2 APPLICABILITY OF THESE GENERAL CONDITIONS
2.1 These GTC apply to all offers, quotations of and lease agreements concluded with GoShaka, the payments, as well as all legal acts relating thereto, and form part of the Lease Agreement. Any reference to the Lease Agreement therefore also implies a reference to these GTC, unless expressly stated otherwise. GoShaka will ensure that you can take note of the contents of our GTC in a timely manner. In any case before the Lease Agreement comes into effect.
2.2 These GTC also apply if (the services of) third parties are used for the performance of the contract.
2.2 Any agreements between you and GoShaka which deviate from, or supplement, these General Terms and Conditions shall only be valid if expressly confirmed in writing by GoShaka. If parties deviate from these terms and conditions, the deviation applies only to the agreement for which the deviation was agreed upon. You can therefore never rely on that deviation in other (future) agreements with GoShaka.
2.3 In case of conflict between provisions in these General Conditions and the provisions in the Lease Agreement, the provisions in the Lease Agreement will prevail at all times, unless expressly agreed otherwise in writing
2.4 If one or more provisions of these General Terms and Conditions are null and void or annulled, all other provisions shall remain in full force and effect. The void or nullified provisions shall be deemed to be automatically replaced by new provisions whereby the purpose and purport of the original provision(s) shall be adhered to as closely as possible.
2.5 GoShaka reserves the right, during the Lease Period, to revise and amend these Terms and Conditions. GoShaka will notify You in writing or electronically.
2.6 If GoShaka does not always require strict compliance with these GTC, this shall never result in the provisions thereof not (or no longer) applying or GoShaka in any way losing the right to require strict compliance with the provisions of these GTC in other cases.
3 OFFER, and conclusion of Lease Agreement
3.1 Our offers and also our quotations are always provided with all the necessary (detailed) information, so that you know exactly what you are choosing and what you are paying for (periodically).
Although we take great care in compiling all information in the broadest sense of the word, this does not automatically mean that all information is always complete and / or correct. If there is an obvious error and a manifest mistake GoShaka is not bound by it.
Our offers and quotations are non-binding, indicative and without actual conclusion of an agreement you can not derive any rights from any offer or quotation.
3.2 You can create a personalized contract from the entire range of (kitesurfing) products in our online store. After completion of the entire ordering process you will immediately receive a receipt of the accepted offer/quotation. This confirmation of receipt (the order confirmation) is automatically sent to you by e-mail and therefore in no way qualifies as acceptance of the offer.
The Lease Agreement is established when you accept the offer in our web store, accepting the payment obligation and also agreeing to our T&Cs unless GoShaka revokes the offer within 5 days of your acceptance.
3.3 GoShaka reserves the right, after you have accepted our offer and terms and conditions, to conduct a credit check. Subject to other grounds for rejection, GoShaka is entitled not to accept your acceptance if the results of the credit check prove negative.
3.4 You guarantee the correctness of all data necessary for the ordering process, such as in any case, but not exclusively, your name, (home and delivery) address, e-mail address and bank details. You also guarantee that you have not used any data from third parties.
3.5 GoShaka reserves the right to reject your application without giving reasons, or to accept it only under additional conditions, including but not limited to the charging of (increased) One-time fees.
4 EXECUTION OF AGREEMENT, DURATION
4.1 GoShaka performs the agreement according to the requirements of good craftsmanship. We may use (the services of) third parties in the performance of the agreement.
GoShaka performs the agreement for your benefit only. Third parties cannot derive any rights from (the contents of) the agreement, under any name or title whatsoever.
Execution and delivery deadlines are always indicative. Should GoShaka not meet a certain deadline, this does not entitle you to any kind of compensation.
4.2 GoShaka reserves the right, if the Products selected by you are not available for any reason, to supply other Products of the same kind and similar quality. You have the right to refuse these in writing within a period of 14 days after receipt of the Equipment.
4.3 The Lease Agreement is always entered into for a definite period. The specific Lease Period is always agreed upon individually in the Lease Agreement and may vary from 6 to 24 months.
4.4 The Lease Period will commence as soon as all or part of the Equipment has been delivered. This is deemed to be the moment when the carrier engaged by GoShaka has delivered the Equipment to the delivery address provided by you.
4.5 During the term of the Lease, you are required to promptly inform GoShaka of any changes of address.
4.6 During the Lease Period, you cannot terminate the Lease Agreement prematurely. At least one (1) month before the end of the Lease Agreement term, you will receive an email from us whether or not you wish to extend your agreement. In case of renewal, your agreement will be converted to an indefinite term agreement with a notice period of one (1) month. If there is no response from you, we will assume that you wish to renew.
4.7 Termination of agreements of indefinite duration as described in the previous paragraph (paragraph 6) must be done in writing by sending an e-mail to info@goshaka.nl and before the first day of a new month. You will also owe the monthly fee for this last month.
4.8 Early termination of the Lease Agreement at your request or at your initiative is only possible if you and GoShaka agree on early termination. GoShaka will only agree to an early termination of the Lease Agreement if you have valid reasons. In this regard, GoShaka is the party that judges whether or not there is good cause. In addition, you are required to pay an early termination fee in the amount of 70% of the remaining payments that would result from the remaining term, which will be collected once with the next (collection) payment. This will be determined at the time of written agreement by both parties regarding this interim termination.
5 DELIVERY, SHIPMENT, AVAILABILITY OF PRODUCTS
5.1 GoShaka delivers exclusively within residential addresses in the Netherlands, Belgium, Germany and any other countries to which GoShaka offers its services. Requests for deliveries outside this delivery area will not be accepted and will not be processed.
5.2 All products ordered will be shipped to the delivery address you provide, unless expressly agreed otherwise with GoShaka.
5.3 All information on shipments and delivery times as displayed on GoShaka’s website are approximate and are considered indicative. No rights can be derived from this information. GoShaka depends on external suppliers and carriers for the delivery of products.
5.4 If the products selected by you turn out not to be available in the relevant configuration, version or equipment at the time of the Request, GoShaka will notify you in the order confirmation. If the selected products are definitively unavailable, and there is also no suitable alternative available, GoShaka will refrain from accepting the offer. Consequently, no Lease Agreement will be concluded. Any Lease amounts already paid shall be promptly reversed. The above shall not constitute a defect in the agreement on the part of GoShaka.
5.5 GoShaka shall bear the cost of shipping a standard delivery offered by us in our delivery area as referred to in clause 5.1 of these General Terms and Conditions.
5.6 If products sent to you are returned to GoShaka because delivery to you was not possible, the cost of the unsuccessful receipt will be charged to you. This does not apply if you have explicitly exercised your right of withdrawal as referred to in Article 6:230o BW (Dutch Law) or if you are not responsible for the circumstance that led to the impossibility of delivery, unless we have given you reasonable advance notice of the delivery.
5.7 Self collection of the leased products is only possible if this has been explicitly agreed in writing with GoShaka.
5.8 GoShaka reserves the right to verify the identity of the recipient upon delivery of the leased products. If identity of the recipient does not match that of you, GoShaka may choose not to deliver (or have delivered) the shipped products and terminate the lease contract early. It is possible to give someone as a representative the right of collection. This must be indicated in writing prior to delivery.
6 PRICES
6.1 All prices listed in the web store are in euros (€) and include the applicable statutory value-added tax. The amount of the monthly lease price depends on the chosen term and product composition and is displayed in the ordering process in our web store. This price includes GoShaka’s services, namely the use of the equipment during the validity of the Lease Agreement, shipping and repair costs (minus the deductible described in article 20) and advice.
6.2 GoShaka reserves the right to adjust prices and rates. Without the formation of an agreement, you cannot derive any rights from an offer in the broadest sense of the word.
Adjusting our prices and rates does not affect the prices and rates of existing leases. You are also not entitled to damages or compensation if we adjust our prices or rates downward.
7 PAYMENT, PAYMENT TERMS AND CONSEQUENCES OF LATE PAYMENT
7.1 You owe the lease price over the entire term of the lease agreement. You pay the first, full monthly lease amount at the time you complete the ordering process in the online store and make payment through one of the payment options offered.
7.2 By choosing the SEPA direct debit procedure, you authorize GoShaka to collect payments from your bank account via direct debit.
7.3 In case of a SEPA Direct Debit Order, GoShaka will initiate the debiting of your account at the earliest on the date mentioned in paragraph 1 and then debit the Lease Amount monthly. Your Lease Period may thus commence later than the date on which the payment was made.
7.4 If a direct debit/domiciliation order cannot be executed due to lack of funds or other reasons for which you are responsible, or if the direct debit/domiciliation order is revoked by you, GoShaka will point this out to you. Thereafter, the procedure described in paragraph 5 will take effect.
7.5 The amount due to GoShaka under the lease agreement shall be paid monthly by continuous SEPA direct debit, Paypal or credit card payment. Payment by other means is excluded. In the event of a reversal of the SEPA direct debit, a repeated direct debit order will first be issued after fourteen (14) days. If this repeated direct debit order is also not fulfilled the next phase will take effect. In that case GoShaka will send you a payment reminder giving you the opportunity within fourteen days after receipt of the official payment reminder (14) to still comply properly by paying the amount due in full. If the amount due is not paid within that period, GoShaka reserves the right to engage a collection agency for the outstanding amount on which also legal interest will be calculated from the time you are in default. All additional administrative costs and (extrajudicial) collection costs are for your account, each time with a minimum of €40,00.
7.6 If more than twice within a year a SEPA direct debit is reversed or fails without prior written notice to us by you, you will owe us compensation for the associated administrative costs of €5.00 per reversal, without prejudice to our right to payment of the lease price due and compensation for damages suffered.
7.7 Failure to use the leased products shall not constitute grounds for suspension of the payment obligation.
8 PROPERTY RETENTION
The Equipment remains the full property of GoShaka throughout the Lease Period. Any transfer of ownership of the Leased Products can only take place if you and GoShaka explicitly agree in writing at the end of the Lease Period as referred to in Article 9 of these General Terms and Conditions.
As long as ownership of the Equipment has not passed to you, you are not permitted to pledge this Equipment to third parties or encumber it for the benefit of others.
You give us your unconditional and irrevocable permission, in cases where we wish to exercise our property rights, to enter all those places where our property is then located. We also have the right to take away all our property (Equipment) in that case.
9 OPPORTUNITY TO PURCHASE
9.1 You will have the opportunity to purchase the leased Equipment or other products after the Lease Agreement expires.
9.2 If you wish to take advantage of this purchase opportunity, you must notify GoShaka no later than seven (7) days prior to the expiration of the Lease Period. You may suffice in this obligation by sending GoShaka’s customer service an email notification of your interest in the purchase. GoShaka will then contact you without delay. The amount for which the products can be taken over should be agreed upon. The (contractual) arrangements for a possible purchase will then be laid down in an exceptional purchase agreement.
9.3 You can also take over the leased Equipment or individual goods thereof before the end of the term if GoShaka agrees to its purchase. The residual amount for the remaining term will thereby lapse.
9.4 GoShaka reserves the right to decline the opportunity to purchase without giving reasons. This applies both during the contract and after the contract expires.
There is no transfer of ownership until you have fulfilled all obligations arising from both the contract and the first right of purchase.
10 ENDORSEMENT, TRANSFER and RETURN
10.1 Interim termination of your contract with effect from the date before the end of the agreed term of the contract is not possible, unless otherwise agreed with us.
10.2 GoShaka has the right to suspend or terminate the agreement with immediate effect if:
Should a suspension incur costs on the part of GoShaka, GoShaka has the right to charge these costs. In addition, GoShaka has the right to charge a termination fee. The amount of this fee is 70% of the payments that would result from the remaining term over the Lease Agreement.
10.3 Without the express and written consent of GoShaka, it is not possible to transfer your rights and obligations in accordance with the agreement to third parties.
GoShaka has the right to attach further conditions to its cooperation. Any costs associated with the transfer will be borne entirely by you.
10.4 Unless you have agreed otherwise with us, you are obliged to return the Equipment made available by us to us or – in the event of a corresponding notice from us – to one of our partner companies without delay (but at the latest within 7 days after the end of the term in accordance with paragraph 6) in the event of dissolution of the agreement or after the expiration of the term in accordance with the agreement or after termination of the agreement with an indefinite term.
10.5 If, during the term of the agreement, you return the Equipment or part thereof to us or to one of our partners on your own initiative, we reserve the right to charge you for the total remaining periodic lease amounts, unless the parties expressly agree otherwise in writing.
10.6 If you do not return the Equipment to us in a timely manner within seven (7) days after the end of the term of your Lease Agreement, we will charge you a late fee of EUR 10.00 per day, with a maximum of EUR 1000.00, until you return your Equipment to us.
10.7 If you die, the agreement ends on the last day of the month in which you die. The remaining periodic payments in accordance with the agreement will be cancelled in full. Your heirs are obliged to inform us of your death immediately. In addition, your heirs are obliged to return all goods that are part of the agreement to GoShaka within 30 days after your death.
11 COMPENSATION OF DEPRECIATION
11.1 If after the expiration of the term or after the termination of the agreement for an indefinite period of time, it appears that the Equipment has not been used in accordance with the provisions described in these GTC, in particular the provisions of Article 15, GoShaka reserves the right to charge the depreciation.
11.2 The amount of the depreciation is determined by the loss in current value compared to the same product with the same useful life that has been used in accordance with the provisions of these GTC. We will look at an average value on the second hand market of the same undamaged product of the same model and year of manufacture.
12 WARRANTY, DUTY TO INVESTIGATE AND NOTIFICATION OF DEFECTS
12.1 If delivered products show obvious defects in material or workmanship, including transport damage, you are obliged to report these defects immediately but at the latest within 7 days of receipt, in writing to our customer service by sending an email to info@goshaka.nl.
In case of damage or deterioration of the leased products (including loss) during the term of the agreement, you are obliged to notify our customer service department within three (3) working days. You can find the contact details on our website. If you do not notify us or do not notify us in time, we are entitled to charge you for any resulting damages.
12.2 In the case of an initial defect, we are entitled to be given a chance to rectify it. If this fails, we are in default.
12.3 After notification, you are obliged to send us the defective product for repair or maintenance in accordance with Article 19.
12.4 However, claims for defects do not arise in the event of normal wear and tear, wear and tear due to use, or damage resulting from improper or negligent handling or use by you.
If repairs, modifications or remedial work are carried out by you or by third parties inexpertly and without our prior consent, you can likewise make no claim for defects for these and the resulting consequences, unless you can prove that the defect in question was not caused by these modifications or remedial work.
12.5 If you fail to notify us of a defect in any of the products made available to you or fail to notify us immediately (in accordance with paragraph 1), you shall be obliged to compensate us for the resulting damage. This includes all additional costs we have to incur to repair the damage, replace products as well as third-party damage claims that would have been prevented if you had notified us in time.
13 LIABILITY
GoShaka shall be liable only if and to the extent specified in these General Terms and Conditions and this Article.
GoShaka will only be liable for an attributable failure to perform the contract if you give GoShaka prompt, proper and written notice of default, granting us a reasonable period of time to remedy the attributable failure and we still fail attributably after the expiry of that reasonable period.
In any case, GoShaka is never liable for:
GoShaka shall only be liable for direct damages. GoShaka shall not be liable for other forms of damages, including but not limited to consequential damages, trading losses, delay damages and/or lost profits.
Should GoShaka nevertheless be liable, the liability is in any case limited to an amount equal to the total invoice value excluding VAT in accordance with the agreement.
Without prejudice to the provisions of Article 6:89 of the Civil Code, the right to claim damages shall lapse six (6) months after the event causing the damage was discovered or should reasonably have been discovered and in any event twelve (12) months after the event causing the damage occurred.
You indemnify GoShaka for any claims of and by third parties, including the (reasonable) costs of legal assistance, arising in any way from the agreement between the parties, barring intent or gross negligence on our part.
Shortcomings in the fulfillment of the contract cannot be attributed to GoShaka, if they are not due to our fault, nor under the law, the contract or generally accepted practice for our account (force majeure).
14 FORCE MAJEUR
Force majeure in these general terms and conditions means, in addition to what is understood in this respect in the law and jurisprudence, all external causes, foreseeable or unforeseeable, which GoShaka can not influence and as a result of which we are unable to fulfill our obligations. This includes, but is not limited to: fire, accident, illness, strike, riots, war, government measures, power cuts of longer duration, transport restrictions and terrorist threats.
During the period of force majeure, our obligations will be suspended. If due to the force majeure fulfillment of the obligation is not or no longer possible for more than a period of two (2) months, both parties are authorized to dissolve the agreement, without any obligation to pay damages. For work already carried out, however, your obligation to pay remains.
15 USAGE RULES, COMMERCIAL USE
a) You are obliged to treat the products provided to you under an operating lease with care and to use them only for their intended, normal use. When using the products, you are subject to certain rules, which you must observe at all times. In addition to using the products while kitesurfing, parking and storing the products and transporting them are also considered use.
b) Using the products is your own responsibility. You are also responsible for being fit for kitesurfing.
c) You are required to familiarize yourself with the operation of the products within your Equipment before using them.
d) Before each use, you should check the products for safety, functionality and any defects. In particular, you must perform the usual safety check of your equipment and check the good condition and functionality of the products. If a defect is present at the beginning of your use of the products or if a defect occurs during use, you must immediately discontinue or terminate the use of your equipment.
e) Unless otherwise agreed with us, the products delivered to you are intended exclusively for your personal use and not for commercial use. you may therefore not provide them to third parties, allow third parties to use them in any other way or sell, lend, sublet, pledge or otherwise encumber the products with collateral or third party rights.
f) The products provided to you are articles of great value; therefore, you may not damage or destroy them or make any alterations, varnish, paint or other changes or have them altered by order.
g) You must effectively secure the products against theft: Unless you store the products in a lockable room in a building, in a vehicle, in a roof box, or in a closed trailer with a metal case, locked and secured against unauthorized access by third parties, you must demonstrably secure the products with a steel cable (at least 8 mm thick steel core) or a chain of equal value (at least 5 mm thick steel core) and connect it to a fixed object secured against removal by means of a safety lock. In case of doubt, you must prove that you have secured the products against theft in the manner described.
h) You may use your Equipment worldwide without restriction. However, you may only use the Products in a generally customary manner, avoiding unusual loading and only on the water.
i) You are obliged to always fully comply with all applicable legal regulations when using the products provided to you. In addition, you must always ensure that the use of the products does not endanger road safety, that other persons are not endangered, damaged or hindered, and that your products, the products of third parties or other third-party property and other third-party rights are not damaged, damaged or endangered.
j) You are obliged to use and maintain the products in accordance with the instructions for use, operation and maintenance provided by us or the manufacturer of the respective products. Thus, when using the respective products, you are obliged to observe our maintenance instructions, which we will send you together with any further operating and maintenance instructions that you must observe, as well as your order confirmation.
k) You care for the Equipment in accordance with the guidelines described in the document ShakaCare.pdf, which was provided to you at the commencement of your lease.
l) In the event that you have not complied with these rules of use and those described under subsection k, you assume responsibility in case of resulting damage to our products, if the non-compliance is due to your fault. The assumed responsibility includes in any case the obligation to repair the damage and compensate any third-party damages, as well as compensation for damages to the damaged product. We are entitled to charge and settle with you the repair or replacement costs and the amounts paid to third parties as a result of damage under your responsibility. In case of theft or loss, article 18 paragraph 6 of these regulations shall prevail.
16 ACCIDENTS
16.1 If you are involved in an accident with our products, you are required to contact the police and notify us immediately of the accident and any damage to the products.
16.2 You are responsible in the event of an accident or resulting damage to our products or any of their accessories or parts if the accident or damage is your fault. In each case, the assumed responsibility includes the obligation to repair the damage and the compensation of any third party losses, as well as compensation for any damage to the damaged product. We shall be entitled to charge you for the repair or replacement costs and the amounts paid to third parties as a result of damage under your responsibility and charge you in full.
17 FINES AND PENALTIES
17.1 You are solely responsible for all violations committed by you in connection with the use of the goods in accordance with agreement and assume all fines, penalties and sanctions arising therefrom.
17.2 To defend our interests, we reserve the right to identify you to the authorities or public administration if a violation of the law has been committed.
17.3 We may collect from you charges arising from violations committed by you, including fines, penalties and legal fees paid by us.
17.4 Failure to pay the amounts owed by you for the above items will result in the termination of the contractual relationship between us and you. We may also take steps beyond these amounts to enforce further claims for damages and losses in court.
18 THEFT , LOSS
18.1 In the event of theft or loss of the Product or any of its accessories or parts during the lease term, you must immediately and no later than three (3) days contact our Customer Service Department, report it to the appropriate authorities (usually the police) and send us confirmation of this report.
18.2 You are also required to assist us – to the extent reasonable and necessary – in reporting you to the police or taking other legal action.
18.3 In the event of theft or loss of the Products supplied to you, we will charge you an excess per theft and loss, the amount of which is set at the current market value of the stolen or lost Equipment. The current market value is determined on the basis of linear depreciation to 0% residual value over four (4) years.
18.4 If the Product reported by you as lost or stolen is recovered, we may, in our reasonable discretion and depending on the technical and optical condition of the Product recovered, refund the excess paid by you. You are free to prove that we have suffered no damage or that our damage is significantly less than the deductible paid by you. We reserve the right to claim further damages.
18.5 If you fail to fulfill your obligations under this provision and, in particular, fail to notify us of the theft or loss of a product, we shall charge you an additional amount equal to 10% of the total payments arising from the entire term for your contract. You are free to prove that we have suffered no loss or that our loss is significantly less than the amount paid by you.
18.6 In case of theft or loss of a product, you are only entitled to a new product if you are not responsible for the theft or loss.
19 REPAIR, REPLACEMENT
19.1 During the term of your Contract, you are entitled to have your Equipment repaired free of charge unless intent or deliberate recklessness on your part. During the repair we will determine at our discretion the nature and extent of the repair or replacement of any Product. A deductible applies per repair in accordance with clause 20. However, we may refuse a repair as long as you have not paid any lease, fees or other amounts to us.
19.2 You can request a repair from our customer service or through the repair form on GoShaka’s website. The contact details can be found on our website. We will then arrange the further procedure with you individually. Necessary repairs will only be carried out by us or authorized service partners, unless we have agreed otherwise with you within the scope of your repair request.
19.3 We will bear the costs for the return of the Equipment provided to you as part of a repair during your contract period in the event of two complaints. This expressly does not mean two complaints per product delivered, but two complaints about the whole of the Products delivered under your Equipment during the contract period. If you use more than these two free repairs, you will have to pay the shipping costs for the return shipment from the third repair request or we will charge you for these costs afterwards. Unless otherwise agreed between you and us, you also bear the shipping costs if you send us the defective product(s) from a location outside our delivery area.
19.4 Upon completion of the repair, we will return the Equipment only to the address known to us, unless we have agreed otherwise with you.
19.5 If we decide to replace the Equipment, we reserve the right to provide you with an alternative product of equal or higher value. In the event of replacement, you are obliged to return the Product in question.
19.6 In the event of a defect in your Equipment, you are only entitled to repair if the defect occurred within the scope of your contractual use.
19.7 If you submit a repair request without being entitled to a repair, we reserve the right to charge you a fee of EUR 50.00 per incident and charge you for any shipping costs incurred.
20 OWN RISK, DEDUCTIBLE
Per repair in the sense of Article 19, the excess below applies. This excess will be settled with the next direct debit authorization.
Type | Insured | Property | Own Risk (Customer) |
Kite | X | Retention of title | 10% of the damage with a minimum of €35 |
Control bar | X | Retention of title | 10% of the damage with a minimum of €35 |
Foilboard | X | Retention of title | 10% of the damage with a minimum of €35 |
Foilwing | X | Retention of title | 10% of the damage with a minimum of €35 |
Kiteboard (twintip & directional) | X | Retention of title | 10% of the damage with a minimum of €35 |
21 RIGHT OF WITHDRAWAL
21.1 You have the right as a Leaseholder to revoke your contractual statement.
21.2 To the extent you have a right of withdrawal, you are entitled to revoke this Lease Agreement within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of receipt of the Equipment. If the Equipment consists of several deliveries, the withdrawal period commences on the day on which you received the last item.
21.3 To exercise your right of withdrawl, you must contact us by a clear statement (e.g. a letter by post or e-mail) of your decision to revoke this Lease Agreement.
Send this letter to the following address or email to.
GoShaka B.V.
Ohmstraat 7-3
1098ST, AMSTERDAM
E-mail: info@goshaka.nl
21.4 To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period. Please note that the address is for revocations only. Equipment to be returned must be sent back to the address specified in paragraph 6.
21.5 If you revoke the Lease Agreement, we will refund all payments received from you, including delivery charges, promptly and no later than fourteen days from the day we receive notice of your revocation of the Lease Agreement. In no event will we be charged a fee for this refund. We may refuse a refund until we have recovered Equipment or until you have provided proof that you have returned the Equipment, whichever is earlier.
21.6 The leased item must be returned immediately, and in any event no later than fourteen days from the day you notify us of your withdrawal from this agreement, to the following return address:
GoShaka B.V.
Ohmstraat 7-3
1098ST, AMSTERDAM
To return or hand over the leased item. The deadline is met if you send the item before the expiration of the fourteen-day period.
21.7 If we do not receive the Equipment back within the scope of your right of withdrawal, we will send you an invoice to the value of the new price of the Equipment.
22 CHANGES
We may make amendments to these GTC at any time, provided that the amendments do not affect this Article or any of the principal obligations or charges arising under the Lease Agreement, or the amendments amount to the creation of a new Lease Agreement or a change in charges in excess of the agreed price under the Lease Agreement. The amended terms will be communicated in text form at least six weeks prior to their coming into effect. The changes will be deemed approved if you do not object to them within six weeks of receiving the notification. We will inform you separately about the possibility of objecting and the observance of the deadline. If you exercise your right to object, the changes will not form part of the Lease Agreement and the Lease Agreement will continue unchanged. If you object to the amended terms within the deadline, GoShaka is entitled to terminate the existing Lease Agreement with you by the time the amendment comes into effect, subject to your legitimate interests. The corresponding data of you will then be removed from the database. You will not be able to assert any claims against GoShaka as a result.
23 Complaints
Should you have a complaint, we are of course sorry. GoShaka has a complaint procedure for such situations.
It is your responsibility to notify us in writing of a complaint within seven (7) after you discover a defect in a product or an incorrectly delivered product. We ask that you describe your complaint fully and clearly.
Within fourteen (14) days after we receive your complaint, you will receive feedback from us.
You give GoShaka at least four (4) weeks to resolve a complaint by mutual agreement with you. If after this four (4) week period the complaint has not been resolved, a dispute arises.
The filing of a complaint does not mean that the rights and obligations of the parties are thereby terminated.
24 PRIVACY POLICY
Your privacy is very important to us and we will handle your data with care. How GoShaka does that, you can read in the privacy statement on our website.
25 FINAL PROVISIONS
25.1 All rights and obligations of the parties can be found in:
25.2 Agreements between the parties to which these GTC relate are governed exclusively by Dutch law. In the event of a dispute parties will make every effort to reach a mutual solution. If this fails, the dispute will be submitted to the competent court within the district where GoShaka is located, unless otherwise provided by law.
25.3 GoShaka is entitled to transfer all or part of the rights and obligations under the Lease Agreement with you to another company. In the event of the Lease Agreement being taken over by a third company, you will receive notice of the transfer of the Lease Agreement, which will also include a period within which you may terminate the Lease Agreement and request the deletion of the account if you do not agree to the transfer to a third party.
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