General terms & conditions

Article 1 – Identity of the seller

XXL Water BV, Hondiusstraat 28A, 6827 DE Arnhem, The Netherlands. Telephone +31 85 080 5606 (working days 9:00 – 17:00). E-mail [email protected]. Chamber of Commerce (KvK) 87561565. VAT number NL864330777B01.

Article 2 – Applicability

These general terms and conditions apply to every offer of XXL Water and to every distance contract concluded between XXL Water and a customer via www.xxlwater.com. Terms and conditions of the customer are expressly rejected unless agreed otherwise in writing. Before the contract is concluded, the text of these terms is made available to the customer electronically in such a way that it can be stored on a durable medium.

Article 3 – Offers and prices

All offers are without obligation. Prices are stated in euros and include VAT, but exclude shipping costs unless stated otherwise. Obvious errors or mistakes in the offer, including pricing errors, do not bind XXL Water. Price changes resulting from changes in VAT rates may be passed on. If a price increase is applied within three months after the contract is concluded, the consumer is entitled to cancel the contract, unless the increase results from statutory regulations.

Article 4 – The contract

The contract is concluded at the moment the customer accepts the offer and meets the conditions set. XXL Water confirms receipt of the order electronically. As long as receipt of the acceptance has not been confirmed, the consumer may dissolve the contract. XXL Water may, within legal limits, verify whether the customer can meet the payment obligations and may refuse an order or attach special conditions on reasonable grounds.

Article 5 – Payment

Unless agreed otherwise, the amounts due must be paid at the time of ordering, using one of the payment methods offered at checkout. For bank transfers, the order is processed once the payment has been received. If the customer fails to meet the payment obligation in time, statutory interest is due on the outstanding amount after a reminder, and XXL Water may suspend delivery.

Article 6 – Delivery

XXL Water takes the greatest possible care in receiving and processing orders. The place of delivery is the address the customer has provided. Stated delivery times are indicative; XXL Water will deliver accepted orders as quickly as possible and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be (fully) delivered, the customer will be informed no later than 30 days after the order was placed and has the right to dissolve the contract free of charge, in which case any payment made will be refunded without delay. The risk of damage and/or loss of products rests with XXL Water until the moment of delivery to the customer or a representative designated by the customer. Shipping costs are stated on the page Shipping & returns and at checkout.

Article 7 – Right of withdrawal (consumers)

A consumer may dissolve a contract regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The period starts on the day after the consumer, or a third party designated by the consumer other than the carrier, has received the product (or the last product/shipment in the case of an order with multiple deliveries). During the cooling-off period the consumer will handle the product and packaging with care and will only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning. The consumer is liable for any decrease in value of the product resulting from handling beyond this.

To exercise the right of withdrawal, the consumer notifies XXL Water within the cooling-off period by e-mail ([email protected]) or by using the model withdrawal form. The consumer returns the product, with all delivered accessories and, if reasonably possible, in its original condition and packaging, as soon as possible and at the latest within 14 days of the notification, to: XXL Water BV, Returns, Hondiusstraat 28A, 6827 DE Arnhem, The Netherlands. The direct costs of returning the product are borne by the consumer. XXL Water refunds all payments made by the consumer, including the standard delivery costs charged for the outbound shipment, within 14 days after the day of notification, provided the product has been received back or the consumer has proven that it has been returned. Refunds are made using the same payment method the consumer used.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal does not apply to: products manufactured according to the consumer's specifications or clearly personalised, including hose, cable, rope, chain, upholstery and other materials cut to length or made to measure; special orders of products not held in stock that are ordered specifically for the consumer; sealed products that are not suitable for return for reasons of health protection or hygiene once the seal has been broken; and products that can spoil or age quickly.

Article 9 – Conformity and warranty

XXL Water guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and government regulations existing on the date the contract was concluded. Any manufacturer's warranty applies in addition to the statutory rights of the consumer. The warranty does not apply if the defect is the result of improper or careless use, use contrary to the instructions, normal wear and tear, or repairs or modifications carried out by the customer or third parties. XXL Water packs liquids (such as antifouling, oil and cleaning products) with care but accepts no liability for consequential damage caused by leakage during transport beyond replacement of the product.

Article 10 – Complaints

Complaints about the performance of the contract must be submitted to XXL Water fully and clearly described within a reasonable time – and at the latest within 14 days – after the customer has discovered the defects. Transport damage must be reported within 3 working days after receipt, preferably with photos. Complaints are answered within 14 days of receipt. If a complaint requires a longer processing time, XXL Water will indicate within 14 days when a more detailed answer can be expected.

Article 11 – Retention of title

Delivered products remain the property of XXL Water until the customer has fulfilled all payment obligations under the contract.

Article 12 – Liability

To the extent permitted by law, XXL Water's liability is limited to the invoice value of the products concerned. This limitation does not apply in the case of intent or gross negligence on the part of XXL Water, nor does it affect the mandatory statutory rights of consumers.

Article 13 – Disputes and applicable law

Contracts between XXL Water and the customer to which these general terms and conditions apply are governed exclusively by Dutch law, with the exclusion of the Vienna Sales Convention (CISG). Disputes will be submitted to the competent court in the district of Gelderland (Arnhem), the Netherlands, unless mandatory law provides otherwise. Consumers in the EU may also use the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: XXL Water BV, Hondiusstraat 28A, 6827 DE Arnhem, The Netherlands, [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: …
Ordered on (*)/received on (*): …
Order number: …
Name of consumer(s): …
Address of consumer(s): …
Signature of consumer(s) (only if this form is notified on paper): …
Date: …
(*) Delete as appropriate.