Terms & Conditions for Individual Customers

Terms & Conditions for Individual Customers of S’whales B.V. If there are discrepancies, the Dutch version of this page shall prevail.

Version of December 28, 2023

We kindly request that you carefully read these terms and conditions. By buying as an individual customer via swhales.eu, you are agreeing to accept and comply with these terms and conditions.

Article 1 - Definitions

In these conditions, the following definitions apply:

Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous performance contract: an agreement aimed at the regular supply of goods, services, and/or digital content over a certain period;
Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and that enables the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organised system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the contract, only one or more techniques for communication at a distance are used, either exclusively or in conjunction;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
Technique for communication at a distance: a means that can be used to conclude an agreement without the consumer and entrepreneur needing to be physically present in the same space simultaneously.

Article 2 - Identity of the entrepreneur

S’whales b.v.

Operating under the name/names: S’whales

Business & visiting address:
Zandheuvel 52-B
4901HW Oosterhout

Availability: 10 hours a day, 5 days a week
Email: via this form

Chamber of Commerce (KvK) number: 91638992

VAT identification number Netherlands, Belgium, and France: NL865720812B01

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority;

If the entrepreneur practices a regulated profession:

the professional association or organisation to which they belong;
the professional title, the location in the EU or the European Economic Area where it is granted;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always rely on the applicable provision that is most favourable to him in the case of conflicting conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains information such that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within legal frameworks, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to the execution, with reasons provided.
The entrepreneur will provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right to withdraw, the model withdrawal form.

6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer has the right to dissolve an agreement regarding the purchase of a product within a cooling-off period of 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to disclose their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a pre-designated third party who is not the carrier, has received the product, or:

a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a designated third party, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided he has informed the consumer clearly in advance during the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, received the last shipment or part;
c. for agreements for regular delivery of products over a specified period: the day on which the consumer, or a designated third party, received the first product.

For services and digital content not delivered on a tangible medium:

3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to disclose their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of non-disclosure of the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
6. If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months from the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as he would be allowed to do in a store.
The consumer is only liable for any depreciation of the product resulting from handling the product beyond what is allowed in paragraph 1.
The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the cooling-off period by means of the model withdrawal form or in any other unequivocal manner.
The consumer returns the product as soon as possible, but no later than 14 days from the day following the notification mentioned in paragraph 1, or hands it over to the entrepreneur (or an authorised representative). This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories delivered, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return shipment.
If the consumer withdraws after explicitly requesting that the service be performed or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
The consumer incurs no costs for the execution of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form; or
b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.

8. The consumer incurs no costs for the full or partial delivery of non-tangible digital content, if:

a. he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal upon granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the consumer to make the withdrawal notification electronically, he promptly sends an acknowledgement of receipt upon receiving this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
The entrepreneur uses the same means of payment for reimbursement as the consumer used unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obligated to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract:

Products or services whose price is tied to fluctuations in the financial market that the entrepreneur has no control over and that may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is understood as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to take delivery of the products, digital content, and/or services.
Service contracts, after complete execution of the service, but only if:

a. The execution has started with the express prior consent of the consumer, and
b. The consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract.

4. Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the contract and other than for residential purposes, goods transportation, car rental services, and catering.
5. Agreements relating to leisure activities if a specific date or period of performance is provided in the contract.
6. Products made according to the consumer’s specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer or that are clearly intended for a specific person.
7. Products that perish quickly or have a limited shelf life.
8. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose sealing has been broken after delivery.
9. Products that, by their nature, are irrevocably mixed with other products after delivery.
10. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but the delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
11. Sealed audio, video recordings, and computer software, where the sealing has been broken after delivery.
12. Newspapers, magazines, or periodicals, excluding subscriptions to them.
13. The delivery of digital content other than on a tangible medium, but only if:

a. The execution has started with the express prior consent of the consumer, and
b. The consumer has declared that he lost his right to withdraw.

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The dependency on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the Agreement and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, and the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Extra warranty is understood to mean any commitment by the entrepreneur, its supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in case of a failure to fulfill their part of the agreement.

Article 13 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 14 days after placing the order. In such a case, the consumer has the right to terminate the agreement without any costs and is entitled to any compensation for damages.
After termination in accordance with the preceding paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative notified to the entrepreneur in advance, unless expressly agreed otherwise.

Article 14 - Duration Transactions: duration, termination, and renewal

Termination:

The consumer can terminate an agreement that is entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that is entered into for a definite period and that aims at the regular delivery of products (including electricity) or services at any time by the end of the specified duration, subject to the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and is not limited to termination at a specific time or in a specific period;
- terminate at least in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

4. A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration.
5. Notwithstanding the previous clause, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case of an agreement for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed-upon duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer has received the confirmation of the agreement.
In the sale of products to consumers, the consumer should never be obliged to make an advance payment of more than 50% in general terms and conditions. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the respective order or service(s) until the agreed-upon advance payment has taken place.
The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer fails to meet his payment obligations in a timely manner, he is liable to pay the statutory interest on the outstanding amount after the entrepreneur has reminded him of the late payment and granted the consumer a period of 14 days to still meet his payment obligations. After the expiration of this 14-day period without payment, the consumer is liable to pay the statutory interest on the remaining amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a receipt confirmation and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur concerning the conclusion or performance of agreements related to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl), subject to the provisions below.
A dispute will only be dealt with by the Disputes Committee if the consumer has submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer preferably informs the entrepreneur of this first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes this or whether he wishes to have the dispute settled by the competent court. If the consumer does not make his choice known to the entrepreneur within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will issue a decision under the conditions laid down in the rules of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has actually terminated its business activities before a dispute has been heard by the committee and a final decision has been rendered.
If, in addition to the Disputes Committee, another recognised disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee is preferably competent for disputes mainly concerning the method of remote selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.

Article 18 - Industry guarantee

The Dutch Disputes Committee guarantees compliance with the binding advice of the Disputes Committee by its members unless the member decides to submit the binding advice for review by the court within two months after its dispatch. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by the Dutch Disputes Committee. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the remainder, the Dutch Disputes Committee has an obligation to make efforts to ensure that the member complies with the binding advice.
To apply this guarantee, it is required that the consumer makes a written appeal to the Dutch Disputes Committee and that he transfers his claim against the entrepreneur to the Dutch Disputes Committee. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim, to the extent that it exceeds the amount of €10,000, to the Dutch Disputes Committee, after which this organisation will, at its own expense, request payment in its own name to satisfy the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 20 - Changes to the Terms and Conditions for Individual Customers

The Dutch Disputes Committee will not amend these general terms and conditions except in consultation with the Consumers’ Association.
Changes to these terms and conditions will only take effect after being published in an appropriate manner, provided that, in the case of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

Appendix I – Model withdrawal form

Model withdrawal form
(fill in and return this form only if you want to withdraw from the agreement)

To: S’whales B.V.

For the correct return address, refer to the return information in your account on our website.

Email: via this form

I/We* hereby inform you that I/we* withdraw from our agreement regarding

the sale of the following products: [ indication of product ]*
the supply of the following digital content: [ indication of digital content ]*
the performance of the following service: [ indication of service ],

revoked*.

Ordered on/Received on* [ order date for services or receipt for products ]

[ Name of consumer(s) ]

[ Address of consumer(s) ]

[ Signature of consumer(s) ] (only if this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.

Browse Topics