Aloha (future) kiter! Here you can find GoShaka's general terms and conditions. We understand that no one wants to go through all of these, but they are necessary.
That's why we have the most important points at a glance put in front of you. We advise you to read the full general terms and conditions, as they always take precedence over this summary.
The agreement between you and GoShaka is concluded when you place an order via the online store (both via the configuration tool and the leasing of individual products or sets). The lease period then starts from the moment you receive the assembled equipment at home. You are a subscriber from that moment until your subscription expires. We will of course inform you in a timely manner and several times that the end of your contract is in sight.
All material remains the property of GoShaka as it is an operational lease agreement. Do you want to buy the material? That's possible! Even if your lease period has not yet expired, we will make you a suitable offer.
Our greatest obligation is to supply well-functioning and safe kite and wing surfing equipment. This will be delivered to your home in accordance with your order.
If you use our subscription for a year or longer, we offer you the opportunity to have your equipment checked by our repair partner for free. This way you are always assured of material in the very best condition.
We also take care of repairs. You only pay a small deductible per claim.
The biggest obligation for you is paying the monthly installments. In addition, we assume that you will use the leased equipment properly, as if it were your own. If something unexpectedly breaks during your subscription, we will repair it. Report damage or an accident within 24 hours, unless this is really not possible. Together we will then look for a suitable solution. In the event of an accident, try to note the contact details of bystanders, this will help assess who can be held responsible for damages. If you experience theft, always report it. Without a declaration we cannot do anything and unfortunately we have to recover the costs from you. We want to prevent this!
If you have any questions regarding 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 will be happy to help you!
In the general terms and conditions below, the following terms always have the following meaning:
Application:
An offer from the Lessee to conclude the Lease Agreement.
Subscription:
The subscription that the Lessee takes out with GoShaka in order to be able to use the Equipment described in the Lease Agreement on the basis of an Operational lease construction, against periodic payment, for a period specified in the Lease Agreement;
Terms and Conditions:
these terms and conditions as set out by GoShaka, which apply to each Lease Agreement. (hereinafter also: “AV”);
One-off costs:
The one-off costs that the Lessee owes to GoShaka for concluding the agreement, the amount of which has been agreed in the Lease Agreement;
GoShaka:
GoShaka BV, registered in Amsterdam and with offices at Ohmstraat 7-3, 1098ST Amsterdam, Chamber of Commerce number 89186745;
Lease amount:
The periodic payment due for the leased Equipment as agreed in the Lease Agreement;
Lessee:
You are our counterparty. You are the consumer, the (natural) person, not acting in a profession or business, with whom GoShaka wishes to conclude a Lease Agreement in writing or has already concluded it. The terms, you, you and you(w) always refer to the Lessee.
Lease agreement:
The (written) agreement between you and GoShaka in which the contractual agreements regarding the operational lease of the selected Equipment are recorded and of which these General Terms and Conditions form part;
Lease period:
The term of the Lease Agreement. The period during which the Lessee is entitled to use the Equipment under the Lease Agreement;
Operational lease:
Lease form in which the leased products remain the property of GoShaka and the Lessee is given 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 wing surfing products that the Lessee will lease from GoShaka under the Lease Agreement;
Website:
The relevant GoShaka website (goshaka.nl) as referred to in these General Terms and Conditions and the Lease Agreement.
2.1 These General Terms and Conditions apply to all offers, quotations from 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 includes a reference to these GTC, unless expressly stated otherwise. GoShaka ensures that you can take note of the content of our GTC in a timely manner. In any case before the lease agreement is concluded.
2.2 These GTC also apply if (the services of) third parties are used for the execution of the agreement.
2.2 Any agreements between you and GoShaka that deviate from or supplement these General Terms and Conditions are only valid if they have been expressly confirmed in writing by GoShaka. If the parties deviate from these conditions, the deviation only applies to the agreement for which the deviation was agreed. You can therefore never rely on this deviation in other (future) agreements with GoShaka.
2.3 In the event of a conflict between provisions in these General Terms and Conditions and the provisions in the Lease Agreement, the provisions in the Lease Agreement will always prevail, unless expressly agreed otherwise in writing.
2.4 If one or more provisions in these General Terms and Conditions are void or annulled, all other provisions will remain in full force. The void or voided provisions are deemed to have been automatically replaced by new provisions that will match the purpose and scope of the original provision(s) as closely as possible.
2.5 GoShaka reserves the right to revise and change these General Terms and Conditions during the Lease Period. GoShaka will inform You of this in writing or electronically.
2.6 If GoShaka does not always require strict compliance with these GTC, this will never mean that the provisions thereof do not (or no longer) apply or that GoShaka in any way loses the right to demand strict compliance with the provisions of these GTC in other cases. to desire.
3.1 Our offer and our quotations are always provided with all necessary (detailed) information, so that you know exactly what you are choosing and what you are paying for (periodically).
Although we compile all information in the broadest sense of the word with the greatest care, this does not automatically mean that all information is always complete and/or correct. If there is an obvious error or a clerical error, GoShaka is not bound by this.
Our offer and quotations are completely without obligation, indicative and non-binding. Without the actual conclusion of an agreement, you cannot derive any rights from any offer or quotation.
3.2 You can put together a personalized agreement from the entire range of kite and windsurfing products in our online web store. After completing the entire ordering process, you will immediately receive confirmation of receipt of the accepted offer/quote. This confirmation of receipt (the order confirmation) will be sent to you automatically by e-mail and therefore does not qualify as an acceptance of the offer under any circumstances.
The Lease Agreement is concluded as soon as you accept the offer in our online store, whereby you accept the payment obligation and also agree to our GTC unless GoShaka revokes the offer within 5 days after your acceptance.
3.3 GoShaka reserves the right to carry out a credit check after you have accepted our offer and our general terms and conditions. Unless there are other reasons for rejection, GoShaka is entitled to not accept your acceptance if the results of the credit check prove negative.
3.4 You guarantee the accuracy of all information necessary for the ordering process, such as, but not limited to, your name, (home and delivery) address, e-mail address and bank details. You also guarantee that you have not used data from third parties.
3.5 GoShaka reserves the right to reject your application without giving reasons, or to only process it under additional conditions, including but not limited to charging (increased) one-off costs.
4.1 GoShaka executes the agreement in accordance with the requirements of good workmanship. We may use (the services of) third parties in the execution of the agreement.
GoShaka only executes the agreement for your benefit. Third parties cannot derive any rights from (the content of) the agreement, under whatever name or title.
Execution and delivery times are always indicative. If GoShaka does not meet a certain deadline, this does not entitle you to any form of compensation.
4.2 GoShaka reserves the right, if the products you have selected are unavailable for any reason, to supply other products of the same type and comparable quality. You have the right to refuse this in writing within 14 days of receipt of the Equipment.
4.3 The Lease Agreement is always entered into for a fixed period. The specific Lease Period is always individually agreed in the Lease Agreement and can vary from 6 to 24 months.
4.4 The Lease Period will commence as soon as (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 you specified.
4.5 During the term of the Lease Agreement, you are obliged to inform GoShaka immediately of any changes of address.
4.6 You cannot terminate the Lease Agreement prematurely during the Lease Period. At the latest one (1) month before the end of the term of the Lease Agreement, you will receive an email from us whether or not you want to extend your agreement. Upon renewal, your agreement will be converted into an agreement for an indefinite period with a notice period of one (1) month. If you do not respond, we will assume that you want to renew.
4.7 Cancellation of indefinite-term agreements 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 also owe the monthly fee for this last month.
4.8 Early termination of the Lease Agreement at your request or initiative is only possible if you and GoShaka agree on an early termination. GoShaka will only agree to an early termination of the Lease Agreement if you have valid reasons for this. GoShaka is the party that judges whether or not there is a valid reason. In addition, you are obliged to pay a lump sum payment of 70% of the remaining payments resulting from the remaining term, which will be collected once with the next (collection) payment. This will be determined at the time that a written agreement has been given by both parties regarding this interim termination.
5.1 GoShaka only delivers to residential addresses in the Netherlands and Belgium. Requests for deliveries outside this delivery area will not be accepted and will not be processed.
5.2 All ordered products will be shipped to the delivery address you specified, unless expressly agreed otherwise with GoShaka.
5.3 All information about shipments and delivery times as shown on the GoShaka website are approximate and are considered indicative. This information is not legally binding. GoShaka is dependent on external suppliers and carriers for the delivery of the products.
5.4 If the products you selected do not appear to be available in the relevant configuration, version or equipment at the time of the Request, GoShaka will inform you of this in the order confirmation. If the selected products are definitively unavailable and there is no suitable alternative available, GoShaka will refrain from accepting the offer. Consequently, no Lease Agreement is concluded. Any lease amounts already paid will be refunded immediately. The above does not constitute a defect in the agreement on the part of GoShaka.
5.5 GoShaka bears the costs for the shipping of a standard delivery offered by us in our delivery area as referred to in Article 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, you will be charged the costs of unsuccessful receipt. This does not apply if you have explicitly used your right of withdrawal as referred to in Article 6:230o of the Dutch Civil Code or if you are not responsible for the circumstance that led to the impossibility of delivery, unless we have reasonably informed you in advance of the delivery.
5.7 Personal 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 check the identity of the recipient upon delivery of the leased products. If the identity of the recipient does not match yours, GoShaka may choose not to hand over the shipped products and to terminate the lease contract prematurely. It is possible to appoint someone as a representative. This must be indicated in writing before delivery.
6.1 All prices stated in the online 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 the product composition and is displayed in the ordering process in our online store. This price includes GoShaka's services, namely the use of the material 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 conclusion 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 lease agreements. You are also not entitled to compensation or compensation if we adjust our prices or rates downwards.
7.1 You owe the lease price for the entire duration of the lease agreement. You pay the first full monthly lease amount when you have completed the ordering procedure in the online store and made payment via one of the payment options offered.
7.2 By choosing the SEPA direct debit procedure, you give GoShaka permission to collect payments via direct debit from your bank account.
7.3 In the case of a SEPA direct debit order, GoShaka will initiate the debiting of your account at the earliest on the date referred to in paragraph 1 and then debit the Lease amount monthly. Your lease period can therefore start later than the date on which payment was made.
7.4 If a direct debit/direct debit order cannot be executed due to lack of funds or other reasons for which you are responsible, or if the direct debit/direct debit order is revoked by you, GoShaka will inform you of this. The procedure described in paragraph 5 will then come into effect.
7.5 The amount due to GoShaka under the lease agreement is paid monthly by continuous SEPA direct debit or credit card payment. Payment by other means is excluded. If the SEPA direct debit is reversed, a repeated direct debit order will first take place after fourteen (14) days. If this repeated collection order is not fulfilled, the next phase will come into effect. In that case, GoShaka will send you a payment reminder, giving you the opportunity to properly comply with the amount due in full within fourteen days of receiving the official payment reminder (14). If the amount due has not been paid within that period, GoShaka reserves the right to engage a collection agency for the outstanding amount, on which statutory interest will also be calculated from the moment you are in default. All additional administrative costs and (extrajudicial) collection costs are at your expense, each with a minimum of €40.00
7.6 If a SEPA direct debit is reversed or fails more than twice within a year without you having informed us in writing in advance, you owe us compensation for the associated administration costs of €5 per reversal. , without prejudice to our right to payment of the lease price due and compensation for damage suffered.
7.7 Not using the leased products does not constitute a reason for suspension of the payment obligation.
The Equipment remains the sole property of GoShaka during the entire Lease Period. Any transfer of ownership of the leased products can only take place if you and GoShaka explicitly agree to this 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 been transferred to you, you are not permitted to pledge this Equipment to third parties or to encumber it for the benefit of others.
You give us your unconditional and irrevocable consent that, in cases where we wish to exercise our property rights, we may and may enter all those places where our property is located. We also have the right to take all our property (Equipment) with us in that case.
9.1 You will be given the option to purchase the leased Equipment or other products upon expiry of the Lease Agreement.
9.2 If you wish to make use of this purchase option, you must inform GoShaka no later than seven (7) days before the end of the Lease Period. You can fulfill this obligation by sending GoShaka customer service a message by e-mail about your interest in the purchase. GoShaka will then contact you without delay. The amount for which the products can be taken over must be agreed upon in consultation. The (contractual) agreements about a possible purchase are then recorded 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 the purchase thereof. The remaining amount for the remaining term will therefore be cancelled.
9.4 GoShaka reserves the right to reject the option to purchase without giving reasons. This applies both during the agreement and after the agreement ends.
There is only a transfer of ownership when you have fulfilled all obligations arising from both the agreement and the first right of purchase.
10.1 Early termination of your contract with effect from the date before the end of the agreed term of the agreement is not possible, unless otherwise agreed with us.
10.2 GoShaka has the right to suspend or terminate the agreement with immediate effect if:
If a suspension results in 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 compensation is 70% of the payments that would result from the remaining term of the Lease Agreement.
10.3 Without the express written permission of GoShaka, it is not possible to transfer your rights and obligations to third parties in accordance with the agreement.
GoShaka has the right to attach further conditions to its cooperation. Any costs incurred by the transfer are entirely your responsibility.
10.4 Unless you have agreed otherwise with us, you are obliged to return the Equipment made available by us immediately (but no later than 7 days after the end of the term in accordance with paragraph 6) to us or - in the case of a corresponding message from us - to return to one of our partner companies in the event of dissolution of the agreement or after expiry of the term in accordance with the agreement or after termination of the agreement with an indefinite period.
10.5 During the term of the agreement, if 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 and make other arrangements in writing.
10.6 If you do not return the Equipment to us within seven (7) days after the end of the term of your Lease Agreement, we will charge you a delay 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 will end on the last day of the month in which you died. The other remaining periodic payments in accordance with the agreement will be canceled in full. Your heirs are obliged to inform us of your death by return. In addition, your heirs are obliged to return all goods that are part of the agreement to GoShaka within 30 days after your death.
11.1 If, after expiry of the term or after termination of the indefinite-term agreement, 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 compensate for the depreciation. to be taken into account.
11.2 The amount of the depreciation is determined at 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 look at an average value on the second-hand market of the same undamaged products of the same model and year of manufacture.
12.1 If delivered products show obvious material or manufacturing defects, including transport damage, you are obliged to report these defects immediately, but no later than within 7 days of receipt, in writing to our customer service by sending an email to info@goshaka.nl.
In the event of damage or damage to the leased products (including loss) during the term of the agreement, you are obliged to inform our customer service within three (3) working days. You will find the contact details on our website. If you do not inform us or do not inform us in a timely manner, we have the right to charge you for any resulting damage.
12.2 In the event of an initial defect, we have the right to be given an opportunity to repair it. If this does not work, we are at fault.
12.3 Upon notification, you are obliged to send us the defective product for repair or maintenance in accordance with clause 19.
12.4 However, claims for defects do not arise in the event of normal wear and tear, wear and tear from use or damage resulting from improper or negligent handling or use by you.
If repairs, changes or repair work are carried out by you or third parties inexpertly and without our prior consent, you cannot claim any defects for these and the resulting consequences, unless you can demonstrate that the defect in question is not caused by these changes or repair work. is caused.
12.5 If you do not or do not immediately report a defect in one of the products made available to you (in accordance with paragraph 1), you are obliged to compensate us for any resulting damage. This includes all additional costs we have to incur to repair the damage, replace products as well as damage claims from third parties that would have been prevented if you had informed us in time.
GoShaka is only liable if and to the extent stated in these general terms and conditions and this article.
GoShaka is only liable for an attributable shortcoming in the performance of the agreement if you immediately give GoShaka proper written notice of default, grant us a reasonable period to remedy the attributable shortcoming and we are still attributable to the breach after that reasonable period has expired. .
In any case, GoShaka is never liable for:
GoShaka is only liable for direct damage. GoShaka is not liable for other forms of damage, including but not limited to consequential damage, business damage, damage due to delays and/or lost profits.
If GoShaka is liable, 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 Dutch Civil Code, the right to claim damages expires six (6) months after the event causing the damage was discovered or should reasonably have been discovered and in any case twelve (12) months after the event causing the damage occurred.
You indemnify GoShaka against any claims from and by third parties, including the (reasonable) costs of legal assistance, which in any way arise from the agreement between the parties, except in the case of intent or gross negligence on our part.
Shortcomings in the performance of the agreement cannot be attributed to GoShaka if they are not due to our fault, nor are they our responsibility under the law, the agreement or prevailing standards (force majeure).
In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseeable or unforeseeable, over which GoShaka has no influence and as a result of which we are unable to fulfill our obligations. This includes in any case, but not exclusively: fire, accident, illness, strike, riot, war, government measures, power outages of longer duration, transport obstacles and threats of terrorism.
During the period in which force majeure occurs, our obligations are suspended. If due to force majeure fulfillment of the obligation is not or no longer possible for more than a period of two (2) months, both parties are entitled to terminate the agreement, without any obligation to pay compensation. Your obligation to pay for work already carried out remains.
a) You are obliged to treat the products provided to you on the basis of an operational lease with care and only use them for their intended, normal use. When using the products, certain rules apply to you, which you must observe at all times. In addition to the use of the products while kitesurfing, parking and storing the products and their transportation are also considered use.
b) The use of the products is your own responsibility. You are also responsible for ensuring that you are fit for kitesurfing.
c) You are obliged to take note of the operation of the products within your Equipment before using them.
d) Before each use, you must check the products for safety, functionality and possible defects. In particular, you must carry out the usual safety checks on your equipment and check the good condition and functionality of the products. If a defect is present at the start of your use of the products or if a defect occurs during use, you must immediately cease or terminate use of your equipment.
e) Unless otherwise agreed with us, the products delivered to you are solely intended 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 securities or rights of third parties.
f) The products provided to you are items of great value. You may therefore not damage or destroy them and may not make any renovations, varnish, paint or other changes or have them changed on order.
g) You must effectively secure the products against theft: Unless you store the products in a lockable space 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 this by means of a safety lock to a fixed object that is secured against removal. In case of doubt, you must prove that you have protected the products against theft in the manner described.
h) You may use your Equipment worldwide without any restrictions. However, you may only use the products in a generally usual manner, avoiding unusual loads 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 when using the products, road safety is not jeopardized, that other persons are not endangered, damaged or hindered, and that your products, the products of third parties or other property of third parties and other rights of third parties are not affected, 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. You are therefore obliged to observe our maintenance instructions when using the relevant products, which we will send to you together with any further usage and maintenance instructions that you must observe, as well as your order confirmation.
k) You will care for the Equipment in accordance with the guidelines described in the document ShakaCare.pdf, which was provided to you at the start of your lease agreement.
l) In the event that you have not complied with these rules of use and those described under subsection k, you assume responsibility for any resulting damage to our products, if the non-compliance is due to your fault. The assumed responsibility in any case includes the obligation to repair the damage and to compensate any damage suffered by third parties, as well as compensation for damage to the damaged product. We have the right 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 the event of theft or loss, Article 18, paragraph 6 of this regulation takes precedence.
16.1 If you are involved in an accident with our products, you are obliged to contact the police and immediately inform us 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 any case, the assumed responsibility includes the obligation to repair the damage and compensation for any losses incurred by third parties, as well as compensation for any damage to the damaged product. We have the right to charge you and fully pass on the repair or replacement costs and the amounts paid to third parties as a result of damage under your responsibility.
17.1 You are solely responsible for all violations you commit in connection with the use of the goods in accordance with the agreement and will bear all fines, penalties and sanctions resulting 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 the costs arising from any breaches you have committed, including fines, sanctions and legal fees paid by us.
17.4 Failure to pay any amounts due by you for the above matters will result in the termination of the contractual relationship between us and you. We may also take steps beyond these amounts to pursue further claims for damages and losses in court.
18.1 In the event of theft or loss of the product or any of its accessories or parts during the lease period, you must contact our customer service immediately and at the latest within three (3) days, report it to the competent authorities (usually the police) and send us confirmation of this declaration.
18.2 You are also obliged to assist us – to the extent reasonable and necessary – in reporting the matter to the police or taking other legal steps.
18.3 In the event of theft or loss of the products delivered to you, we will charge you an excess per theft and loss, which is calculated at the current value of the stolen or lost Equipment. The current value is determined based on straight-line 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, at our reasonable discretion and depending on the technical and optical condition of the recovered product, refund the excess paid by you. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the deductible you paid. We reserve the right to demand further damages.
18.5 If you fail to comply with your obligations under this provision and in particular fail to notify us of the theft or loss of any product, we will charge you an additional amount of 10% of the total payments arising from the entire term of your agreement. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the amount you paid.
18.6 In the event 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.
19.1 During the term of your contract, you are entitled to free repairs to your Equipment unless there is intent or deliberate recklessness on your part. During the repair, we determine at our own discretion the nature and extent of the repair or the replacement of a product. A deductible applies per repair in accordance with Article 20. However, we may refuse a repair as long as you have not paid lease, fees or other amounts to us.
19.2 You can request a repair from our customer service or via the repair form on the GoShaka website. You can find the contact details on our website. We will then arrange the further procedure with you individually. Necessary repairs will only be carried out by us or by authorized service partners, unless we have agreed otherwise with you in the context of your repair request.
19.3 We will bear the costs for the return and return of the Equipment made available to you in the context of a repair during your contract period in the event of two complaints. This expressly does not mean two complaints per delivered product, but two complaints about the entirety of the products delivered in the context of your Equipment during the contract period. If you use more than these two free repairs, you will have to pay the return shipping costs from the third repair request onwards or we will charge you these costs afterwards. Unless deviating individual agreements between you and us, you will also bear the shipping costs if you send us the defective product(s) from a place outside our delivery area.
19.4 After completion of the repairs, we will only return the Equipment 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 supply you with an alternative product of equal or greater 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 repairs if the defect occurred in the context 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 to charge you for any shipping costs incurred.
The deductible below applies to each repair within the meaning of Article 19. This deductible will be settled with the next direct debit authorization.
|
Type |
Insured |
Property |
Deductible (Customer) |
|
Kite |
X |
Retention of title |
10% of damages with a minimum of €35 |
|
Control bar |
X |
Retention of title |
10% of damages with a minimum of €35 |
|
Foil board |
X |
Retention of title |
10% of damages with a minimum of €35 |
|
Foilwing |
X |
Retention of title |
10% of damages with a minimum of €35 |
|
Kiteboard (twin tip & directional) |
X |
Retention of title |
10% of damages with a minimum of €35 |
21.1 As a Lessee, you have the right to revoke your contractual statement.
21.2 To the extent that you have a right of withdrawal, you have the right to withdraw from 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 different deliveries, the cooling-off period starts on the day on which you receive the last item.
21.3 To exercise your right of withdrawal, you must contact us by providing a clear statement (e.g. a letter by post or email) of your decision to withdraw from this Lease Agreement.
Send this letter to the following address or send an email to.
GoShaka BV
Ohmstraat 7-3
1098ST, AMSTERDAM
Email: 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 withdrawals only. Equipment to be returned must be returned to the address mentioned in paragraph 6.
21.5 If you revoke the Lease Agreement, we will pay all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days after the day on which we receive notification of your withdrawal from the Lease Agreement. Under no circumstances will you be charged for this reimbursement. We may refuse reimbursement until we have received Equipment back or until you have provided evidence that you have returned the Equipment, whichever is the earlier.
21.6 The leased item must be returned immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this agreement to the following return address:
GoShaka BV
Ohmstraat 7-3
1098ST, AMSTERDAM
to return or hand over the leased property. The deadline has been met if you send the item before the expiry of the fourteen-day period.
21.7 If we do not receive the material back within the framework of your right of withdrawal, we will send an invoice for the new price of the Equipment.
We may make changes to these GTC at any time, provided that the changes do not affect this article or any of the main obligations or costs arising from the Lease Agreement, or the changes amount to the conclusion of a new Lease Agreement or a change in costs that are higher than the agreed price under the Lease Agreement. The amended conditions will be communicated in text form at least six weeks before they come into effect. The changes are deemed to have been approved if you do not object to them within six weeks of receiving the notification. We will inform you separately about the possibility of objection and compliance with 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 and conditions within the period, GoShaka is entitled to terminate the existing Lease Agreement with you at the time the amendment takes effect, taking into account your legitimate interests. Your corresponding data will then be deleted from the database. You cannot therefore assert any claims against GoShaka.
If you have a complaint, we are of course sorry. GoShaka has a complaints procedure for such situations.
It is your responsibility to report a complaint in writing to us within seven (7) after you have discovered a defect in a product or an incorrectly delivered product. We ask you to describe your complaint completely and clearly.
You will receive feedback from us within fourteen (14) days after we have received your complaint.
You give GoShaka at least four (4) weeks to resolve a complaint in mutual consultation with you. If the complaint has not been resolved after this period of four (4) weeks, a dispute will arise.
Submitting a complaint does not mean that the rights and obligations of the parties lapse.
We find your privacy very important and therefore handle your data with care. You can read how GoShaka does this in the privacy statement on our website.
25.1 All rights and obligations of the parties can be found in:
25.2 Agreements between parties to which these GTC apply are exclusively governed by Dutch law. In the event of a dispute, the parties will make every effort to reach a mutual solution. If this is not possible, the dispute will be submitted to the competent court within the district where GoShaka is located, unless the law provides otherwise.
25.3 GoShaka is entitled to transfer the rights and obligations under the Lease Agreement with you in whole or in part to another company. In the event of the Lease Agreement being taken over by a third party, you will receive notice of the transfer of the Lease Agreement, which will also state a period within which you can terminate the Lease Agreement and request the deletion of the account if you do not agree to the transfer to a third party. third party.
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