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General Terms and Conditions

General terms and conditions of Halitus Vitae B.V., also operating under the names: Filling Station Okkenbroek and The Stage Bottle, located at Oerdijk 125 in Okkenbroek, Netherlands. Halitus Vitae B.V. is registered in the trade register at the Chamber of Commerce under number: 94697647.


Applicability


  1. These Terms and Conditions apply to all offers, orders, and agreements made with Halitus Vitae B.V. in which Halitus Vitae B.V. is a party, to the exclusion of any other general terms and conditions. By entering into a purchase agreement between the customer and Halitus Vitae B.V., you expressly accept these Terms and Conditions.
  2. Deviations from the provisions set out in these Terms can only be made with the written approval of Halitus Vitae B.V., in which case the other provisions of these Terms shall remain in full force.
  3. All rights and claims, as stated in these Terms and in any further agreements for the benefit of Halitus Vitae B.V., are likewise stipulated for the benefit of intermediaries and other third parties engaged by Halitus Vitae B.V.
  4. Halitus Vitae B.V. has the right to amend these Terms and the content of its website.
  5. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Offers / Agreements


  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The agreement is concluded, subject to the provisions of paragraph 2, at the moment the consumer accepts the offer and meets the conditions set therein.
  4. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  5. All images, specification data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
  6. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
  7. Agreements can be made in Dutch or English.
  8. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
  9. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  10. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
  11. Halitus Vitae B.V. may, within legal frameworks, inform itself whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If Halitus Vitae B.V. has good grounds based on this investigation not to enter into the agreement, it is entitled to refuse an order or application with justification or to attach special conditions to the execution.
  12. Unless it has been agreed that the purchased products will be delivered to the buyer's home, the buyer is obliged to take receipt of the products immediately after the purchase agreement is concluded. The risk relating to the products passes to the buyer at the moment the products are made available to the buyer through possession.
  13. If it has been agreed that the products will be delivered to a delivery address to be determined later, the costs for transport and shipping shall be borne by the buyer, unless expressly agreed otherwise. If the products are externally visible damaged upon arrival, the buyer must make a written reservation to the carrier by means of a note on the delivery receipt and must inform Halitus Vitae B.V. within 3 working days of receipt of this.
  14. All products delivered and to be delivered by Halitus Vitae B.V. remain the property of Halitus Vitae B.V. until the moment the buyer has fully complied with all their payment obligations to Halitus Vitae B.V. under any agreement concluded with Halitus Vitae B.V., including claims regarding the failure to comply with such an agreement.
  15. The buyer is not permitted to dispose of the products that are subject to the retention of title of Halitus Vitae B.V. or to establish a limited right thereon. If third parties wish to establish (limited) rights on products subject to the retention of title, the buyer shall promptly inform Halitus Vitae B.V. of this.
  16. If the buyer fails to fulfil his obligations or if there is reasonable fear that he will not do so, Halitus Vitae B.V. is entitled to remove delivered products subject to the retention of title from the buyer or a third party holding the products for the buyer. The buyer is obliged to provide all cooperation in this regard, under penalty of a fine of 10% per day on the amount owed by him.


Prices

  1. The price quoted by us is inclusive of Dutch VAT and in Euros. Shipping costs and payment fees will be charged separately and stated on the invoice. All prices are subject to change.
  2. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  3. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  4. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  5. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  6. these are the result of statutory regulations or provisions; or​
  7. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
  9. If the order placed and paid for online by the customer is in an EU country other than the Netherlands, the customer owes the VAT applicable to that country. When placing the order, the correct VAT amount will be displayed after entering the address.
  10. Business customers within the EU and outside the Netherlands who provide a valid VAT ID when placing an order can make use of the reverse charge mechanism.
  11. No VAT is charged to customers outside the EU. They are responsible for paying the correct VAT and import duties themselves.
  12. In the case of Trimix refills, the prices listed on the website are current prices. The most up-to-date price for Trimix refills is available in the store and can be viewed before we fill your bottle.


Delivery and execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. For online transactions, the place of delivery is the address that the consumer has provided to the company. For purchases in the store, the place of delivery is the address of the entrepreneur.
  3. Subject to what is stated regarding this in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed at all or only partially, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.


Right of withdrawal

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all supplied accessories and in its original condition and packaging, in accordance with the instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must do so using the model withdrawal form or by means of another communication method, such as email. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by means of proof of shipment.
  4. The consumer is solely responsible for damage, theft, and/or loss of the goods during the return process. The consumer may insure the goods during shipment at their own expense.
  5. If, after the expiry of the periods referred to in paragraphs 1, 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.


Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of return shipment.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by Halitus Vitae B.V. or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
  3. In the event of damage to the product caused by careless handling by the consumer, or damage to the packaging exceeding what is necessary to inspect the product, the consumer is liable for any reduction in the value of the product.
  4. Returning the goods is at the expense and risk of the consumer. The consumer is liable for damage, theft, and/or loss of the goods during transport. The consumer may choose to take out insurance against these risks during transport at their own expense. The consumer may also choose to return the goods to the store during opening hours.


Exclusion of the right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraph 2.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which have been produced by the entrepreneur in accordance with the consumer's specifications;
    2. loose copies of newspapers or magazines
    3. which are clearly personal in nature;
    4. which by their nature cannot be returned;
    5. that can spoil or become stale quickly;
    6. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
    7. for individual newspapers and magazines;
    8. for audio and video recordings and computer software where the consumer has broken the seal;
    9. for hygiene products where the consumer has broken the seal.


Payment

  1. Online purchases are paid for using one of the payment methods offered when placing the order. The available payment methods may vary depending on the customer's location.
  2. Online purchases collected in the store can also be paid for in cash or by debit card upon collection.
  3. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 5, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
  4. Payments are made at the time of purchase in cash or by payment card / debit card.
  5. Bottle refills can be paid for in the store in cash or by payment card / debit card. Additionally, bottle refills can be paid for with a refill card previously purchased by the customer at Halitus Vitae B.V.
  6. Payment on account is only possible for business customers and exclusively after approval by Halitus Vitae B.V. prior to entering into the agreement.
  7. If fraud involving loyalty cards is suspected, Halitus Vitae B.V. and its employees are entitled to refuse payment by loyalty card and to destroy the customer's relevant loyalty card.
  8. For online orders, an invoice will be provided to the customer via email.
  9. When paying in the store, a VAT invoice can be provided to the customer upon request, if desired.
  10. Halitus Vitae B.V. is entitled to request a deposit from the customer for filling diving cylinders.
  11. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  12. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously disclosed to the consumer.


Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. This is assumed to be normal use appropriate to the purchased items and/or services.
  2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of discovery of the defect.
  3. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  4. The warranty does not apply if:
  5. the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  6. the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or those on the packaging;
  7. the defectiveness is wholly or partially the result of regulations that the manufacturer and/or the government has established or will establish regarding the nature or quality of the materials used.


Cylinder filling

  1. For the filling of diving cylinders, Halitus Vitae B.V. may establish additional conditions in the form of filling rules. These filling rules are published on the website of Halitus Vitae B.V. and are available at the filling station.
  2. Halitus Vitae B.V. reserves the right to modify these filling rules.
  3. By filling his or her diving cylinders, the customer expressly agrees to these general terms and conditions and the additional filling rules.
  4. In the event of doubt regarding the condition or safety of the diving cylinder to be filled, the employees of Halitus Vitae B.V. are entitled at all times to refuse to fill the diving cylinder. This applies even if the same cylinder has previously been filled by Halitus Vitae B.V.
  5. To fill cylinders with a breathing gas mixture other than regular compressed air, the customer must possess the correct certification issued by a recognized diving training organization. The certification must indicate the customer's name and photo, together with the limits of the breathing gas mixture for which the customer is certified. If the certification bears an expiration date, it will not be accepted after this date.
  6. If the customer is unable to present a valid certification prior to having his or her diving cylinder filled, Halitus Vitae B.V. and its employees are entitled to refuse the filling.
  7. The customer must analyze his or her Nitrox or Trimix mixture immediately after filling. The necessary analysis equipment for this is available at the filling station.
  8. After analysis of the Nitrox or Trimix mixture, the Customer must record the analysis data in the logbook provided and on the filled cylinder. Each filled diving cylinder must be analyzed separately.
  9. By means of analysis, completion of the logbook, and payment, the Customer agrees to the delivered breathing gas mixture and is solely responsible for the proper use of the breathing gas mixture.
  10. The customer declares that the breathing gas mixture is for personal use only and is not made available to third parties.
  11. Halitus Vitae B.V. is not liable for any damage resulting from improper use of the breathing gas mixture purchased from Halitus Vitae B.V.
  12. Analysis is not necessary for compressed air fillings. The necessary equipment for checking the filling pressure is available at the filling station. The customer is permitted to check the air pressure in his or her diving cylinder before payment. For compressed air fillings, the customer accepts the cylinder filling upon payment.
  13. When filling the diving cylinder, the breathing gas mixture inside the cylinder heats up. Due to cooling, the pressure in the diving cylinder will drop. The customer is aware of this physical process and accepts it.
  14. Subsequent claims are not possible.


Filling card

  1. For the purpose of paying for bottle refills, Halitus Vitae B.V. may issue so-called refill cards.
  2. This fill card can be used to pay for a number of dive cylinder fills indicated on the card.
  3. The filling card can only be used for the breathing gas mixture, filling pressure, and cylinder capacity indicated on the filling card.
  4. When using the refill card, the number of bottle refills paid for with the refill card is marked on the card.
  5. As soon as the maximum number of bottle refills is reached, the refill card is fully used and loses its value.
  6. The fill-in card is paid in full upon purchase.
  7. Fill-in cards cannot be returned or exchanged.
  8. Refill cards are valid for up to two years after purchase.


Maintenance and service

  1. Halitus Vitae B.V. offers a maintenance service for the maintenance and repair of (parts of) the customer's diving equipment, such as, but not limited to, dry suits and regulator sets.
  2. The customer can submit a product for maintenance or repair by handing it in at the store or by sending it to Halitus Vitae B.V. at the customer's risk and expense.
  3. The customer will provide a clear description of the desired repairs and/or maintenance of the product.
  4. Halitus Vitae B.V. may have the maintenance and repair work carried out (partially) by a third party.
  5. If Halitus Vitae B.V. is an authorized dealer of the brand and product that the customer submits for repair, and the manufacturer of the product has its own repair service and/or service center, Halitus Vitae B.V. will submit the customer's product for repair to this service center.
  6. Halitus Vitae B.V. and its partners will ensure prompt repair / maintenance but cannot guarantee the required (lead) time for the repair.
  7. Halitus Vitae B.V. is entitled to refuse (part of) the customer's diving equipment for maintenance and/or repair. This is entirely at the discretion of Halitus Vitae B.V.
  8. It is not always possible to provide the customer with a full cost estimate for the repair and/or maintenance in advance. For example, this applies to the repair of a drysuit where a leak test must be performed first. Repairs with costs commensurate with the nature of the complaints will be carried out immediately. In the event of extremely high costs or costs that are not commensurate with the nature of the complaints, the customer will be contacted in advance. By placing an order for maintenance or repair, the customer agrees to this procedure.
  9. If the customer chooses not to have a product repaired, the customer is liable for the costs of an inspection, such as a leak test.
  10. If repair is not possible, Halitus Vitae B.V. will inform the customer and return the product to the customer. In the event that a repair is not carried out, the customer is liable for any inspection costs.


Complaints

  1. The customer must thoroughly inspect the bottle filling and/or purchased items upon receipt. The necessary equipment for analyzing and measuring the bottle filling is available at the filling station for the customer to use.
  2. Complaints regarding the breathing gas mixture must be reported immediately before payment.
  3. If the breathing gas mixture does not correspond to the ordered mixture, this will be corrected. The customer agrees that minor deviations in composition and filling pressure may occur.
  4. Breathing gas mixtures cannot be exchanged and/or returned.
  5. Items purchased in the store other than bottle refills and refill cards can be exchanged within 14 days of purchase. To do so, the items must be unused, in their original packaging, and in good condition. Exchanges and returns are only possible upon presentation of the receipt.
  6. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 30 days of the consumer discovering the defects, fully and clearly described.
  7. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  8. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  9. In the event of complaints, a consumer must first contact the entrepreneur. If a solution has still not been reached, and if the webshop is affiliated with WebwinkelKeur, the consumer must first contact WebwinkelKeur. WebwinkelKeur will mediate between the consumer and the entrepreneur free of charge. The entrepreneur can be checked on the WebwinkelKeur website to see if they hold a current membership with WebwinkelKeur. If no solution has been reached between the consumer and the entrepreneur after mediation by WebwinkelKeur, the consumer has the option to have their complaint handled by an independent dispute resolution committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this committee involves costs that must be paid by the consumer to the committee in question.
  10. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  11. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.


Disputes

  1. Dutch law applies to all our agreements. This also applies when the customer is resident or established abroad. Subject to the affiliation of other authorities, the competent Dutch court has jurisdiction to hear all disputes that may arise under the agreement between Halitus Vitae B.V. and the counterparty.
  2. The Vienna Sales Convention does not apply.


Extrajudicial collection costs

  1. If Halitus Vitae B.V. incurs legal costs due to non-performance of the agreement by the buyer, the buyer is obliged to reimburse the costs in full to Halitus Vitae B.V.
  2. In the event of non-payment, all costs incurred by us will be charged, with a minimum of €100.00.