General conditions :

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the Trader

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Charges in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – Price

Article 10 – Conformity and Guarantee

Article 11 – Delivery and execution

Article 12 – Extended Transactions: duration, notice of termination and extension

Article 13 – Payment

Article 14 – Complaints

Article 15 – Litigation

Article 16 – Additional or deviating terms

Article 1 – Definitions

The following terminology applies to these Terms and Conditions:

1. Reflection Period: The period during which the consumer can exercise his right of withdrawal;

2. Consumer: The natural person who is not acting in the exercise of a professional or business environment and who has a distance contract with the Trader;

3. Day: Calendar day;

4. Extended Transaction: a distance contract concerning a range of products and/or services who’s supply and/or purchase obligation is spread over time;

5. Sustainable Data carrier: Any means that enables the Consumer or the Trader to store information personally addressed to him in a way to allow future consultation and unaltered reproduction;

6. Right of withdrawal: the ability for the Consumer to waive the distance contract within the Reflection Period;

7. Trader: The physical or legal entity that offers products and/or services to Consumers at a distance;

8. Distant Agreement: an Agreement, in the framework of a system organized by the Trader for distance sale, in which one or more means of distance communication is exclusively used to eventually conclude the Agreement;

9. Technology for distance communication: means that can be used to conclude an Agreement, without having the Consumer and the Trader being simultaneously together in the same area or space at the same time;

Article 2 – Identity of the Trader

Name Trader:  Marvol BVBA

Address; Molenbeekstraat 10, 1745  OPWIJK, (Brussels Area), Belgium

Phone number and schedule during which the Trader is available by phone; +32 52 48 06 14 (9 a.m. 17 p.m. GMT +1)

E-mail address: mikel@woodendivingboards.com

Chamber of Commerce-number: BE 0836259566

VAT-Identification number: BE 0836259566

Article 3 – Applicability

1. These Terms and Conditions are applicable on each offer by the Trader and each Distant Agreement between the Trader and the Consumer.

2. These Terms and Conditions shall be made available to the Consumer before concluding the Distant Agreement.  In case this would be reasonably impossible, it shall be indicated that these Terms and Conditions are accessible at the Address of the Trader and that they can be send over to the Consumer as soon as possible, free of charge and at his simple request.

3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these Terms and Conditions are made available to the Consumer electronically in such a way that they can be stored on a Sustainable Data Carrier. If this is not reasonably possible, it shall be indicated where a soft copy of the Terms and Conditions can be read and that they will be sent – electronically or in a different way – free of charge at his request.

4. The second and third paragraph shall apply mutadis mutandis, should there be particular conditions related to Products or Services applicable besides these Terms and Conditions.  In the event of conflicting terms, the Consumer can always rely on the applicable provision which would be most favorable to him.

Article 4 – The Offer

1. If an offer is of limited duration or subject to conditions, this shall be explicitly stated in the Offer.

2. The Offer includes a complete and accurate description of the Products and/or Services.  The description is sufficiently detailed to allow a proper assessment of the Offer by the Consumer. If the Trader uses images, these shall be a true representation of the Products and/or Services.  Obvious mistakes or obvious errors in the Offer shall not bind the Trader.

3. Each Offer contains such information that makes clear to the Consumer what rights and obligations are attached to the acceptance of the Offer.  This concerns in particular:

• The price including taxes;

• Any delivery costs;

• How the Agreement shall be reached and what actions are needed to do so;

• Whether or not to apply the right of withdrawal;

• The method of payment, delivery and execution of the Agreement;

• The deadline for accepting the Offer or the period for adhering to the Price;

• The rates of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular rate for the used communication means;

• If the Agreement – once reached – shall be archived and in the positive: how the consumer can access the Agreement;

• How the Consumer shall be able to check and – if needed – correct information that he provided before reaching an Agreement;

• Any other languages, besides Dutch, the Agreement can be reached in;

• The conduct to which the Trader is subject and the way the Consumer can consult these behavioral codes electronically; and

• The minimum duration of the Distance Agreement in the event of an extended Transaction.

Article 5 – The Agreement

1. Subject to the Conditions of paragraph 4, the Agreement is reached from the moment the Consumer accepts the Offer and meets the corresponding conditions to it.

2. If the consumer accepts accepted the Offer electronically, the Trader shall immediately confirm receipt of the electronic acceptance of the Offer. Until receipt of this acceptance has not been confirmed by the Trader, the Consumer may terminate the Agreement.

3. If the Agreement is created electronically, the Trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment.  If the consumer can pay electronically, the Trader shall observe appropriate safety precautions.

4. The Trader is – legally – entitled to inform whether the Consumer can meet his payment obligations as well as all facts and factors that are important to a sound conclusion of the Distance Agreement.  The Trader is entitled to motivate a refuse or to attach specific conditions to implement an order or request, following his findings under this investigation.

5. The Trader shall enclose the following information – in writing or in such a way that it can be stored by the Consumer in an accessible manner on a sustainable data carrier – with the product and/or service:

   1. The visiting address of the establishment of the Trader where the Consumer can lodge complaints;

   2. The conditions and how the Consumer can exercise his right of withdrawal, or a clear exclusion of the right of withdrawal;

   3. Information on Guarantees and existing After Sales Services;

   4. The data contained in Article 4 paragraph 3 of these Terms and Conditions, unless the Trader provided that information to the Consumer before the execution of the Agreement;

   5. The requirements for termination of the Agreement if the Agreement is for more than one year or for an indefinite duration.

   6. The provision of the preceding paragraph shall apply only to the first delivery in the event of an Extended Transaction.

Article 6 – Right of withdrawal

1. When purchasing goods, the Consumer has the option to cancel the Agreement within 14 days and without giving any reason.  This period starts on the day following the receipt of the goods by the Consumer or by a previously to the Trader designated and announced representative.

2. The Consumer shall treat the goods and packaging with care during the Reflection Period.  He shall unpack or use the goods as necessary to assess whether he wishes to keep the goods.  If the Consumer wishes to exercise his right of withdrawal, he will return the goods with all accessories and – if reasonably possible – in the original condition and packaging to the Trader, in accordance with the reasonable and clear instructions provided by the latter.

Article 7 – Charges in case of withdrawal

1. In the event that the Consumer wishes to exercise his right of withdrawal, charges will be at most the cost of return shipping.

2. In the event the Consumer has paid an amount for the goods or services, the Trader shall refund this amount as soon as possible, but no later than 30 days after the return of the goods or cancellation of the services.

Article 8 – Exclusion of the right of withdrawal

1. The Trader may exclude the right of withdrawal by the Consumer to the extend provided in paragraph 2 and 3.  The exclusion of the Right of withdrawal applies only if the Trader indicated this clearly in the Offer or at least in time before reaching an Agreement.

2. Exclusion of the right of withdrawal shall only apply for goods:

   1. That were tailor-made by the Trader and based on specifications provided by the Consumer;

   2. That have a clearly personal nature;

   3. That, by their nature, cannot be returned;

   4. That spoil or age quickly;

   5. Whose price depends on fluctuations on the financial market over which the Trader has no influence;

   6. For individual newspapers and magazines;

   7. For audio and video recordings as well as computer software, which seal was broken by the Consumer.

   8. Exclusion of the right of withdrawal shall only apply for services:

      1. Regarding accommodation, transport, catering or leisure that has to be carried out on a certain date or during a specified period;

      2. Which supply – with express consent of the Consumer – has started before the end of the Reflection Period;

      3. On betting and lotteries.

Article 9 – The price

1. Prices of the products and/or services shall not increase during the validity period mentioned in the Offer , except for price changes due to changes in VAT rates;

2. Notwithstanding the preceding paragraph, the Trader can offer products or services at variable prices that are subject to fluctuations on the financial market over which the Trader has no influence.  These bounds and the fact that prices are target prices shall be stated in the Offer.

3. Price increases within 3 months after the conclusion of the Agreement are only allowed if they result from statutory regulations or stipulations;

4. Price increases as from 3 months after the conclusion of the Agreement are only permitted if the Trader stipulated them and:

   1. when these are the result of legislation or regulations; or

   2. The Consumer has the power to terminate the Agreement as from the day of effect of the price increase.

   3. The prices indicated in the Offer for products or services shall be inclusive of VAT.

Article 10 – Conformity and Guarantee

1. The Trader guarantees that the products and/or the services meet the Agreement specifications stated in the Offer and the reasonable requirements or reliability and/or usability.  The Trader guarantees as well that they meet the existing legal provisions and/or government regulations on the date of the conclusion of the Agreement. If agreed, the Trader also ensures that the product is suitable for other than normal use.

2. A guarantee provided by the Trader, manufacturer or importer does not affect the legal rights and claims that the Consumer is entitled to under the Agreement against the Trader.

Article 11 – Delivery and execution

1. The Trader shall be the utmost diligent in receiving orders and the execution thereof as well as in the appreciation of requests to deliver services.

2. The place of delivery shall be the address as indicated by the Consumer to the Trader.

3. Taking into account of the content of Article 4 in these Terms and Conditions, the Trader shall carry out the delivery of accepted orders with due diligence, but in any case within 30 days except if a longer delivery period has been agreed upon.  The Trader shall prevent the Consumer ultimately within 30 days after the order was placed in the event delivery should be delayed or in case of partial- or non-delivery. The Consumer is entitled to dissolve the Agreement without charges as well as the right potential compensation.

4. In case of dissolution of the Agreement as per the precedent paragraph, the Trader shall refund the amount paid by the Consumer with due diligence and ultimately within 30 days after the dissolution of the Agreement.

5. The trader shall strive to find an alternative article if the delivery of an ordered product is deemed impossible.  The delivery of an alternative article shall be communicated in a comprehensive way at latest at its delivery. The right of withdrawal cannot be excluded in the event of alternative articles.  Charges for potential return sending remain for the Trader.

6. The risk of deterioration and/or missing of products remains for the trader until delivery to the Consumer or to a previously to the Trader designated and announced representative unless otherwise agreed upon.

Article 12 – Extended Transactions: duration, notice of termination and extension

Notice of termination

1. In the event of an Agreement for an indefinite period and for the provision of regular delivery of products (including electricity) or services, the Consumer is entitled to terminate the Agreement at all times, taking into account the agreed rules of termination and a notice of termination of maximum one month.

2. In the event of an Agreement for a fixed period and for the provision of regular delivery of products (including electricity) or services, the Consumer is entitled to terminate the Agreement by the end of the definite period, taking into account the agreed rules of termination and a notice of termination of maximum one month.

3. In the event of the in the precedent paragraphs described Agreements, the Consumer is entitled to:

–      Terminate the Agreement at all times, without being limited to terminate on a certain date or within a given period;

–      Terminate the Agreement at least in the same manner as the Consumer accepted the Agreement;

–      Always terminate the Agreement with the same notice of Termination as the one in force for the Trader.

Extension

1. In the event of an Agreement for a fixed period and for the provision of regular delivery of products (including electricity) or services, this Agreement shall not be tacitly renewed or renewable for a fixed period.

2. Notwithstanding the precedent paragraph and in the event of an Agreement for a fixed period that was reached for the provision of regular delivery of daily- news- and weekly papers and magazines, the Agreement can be tacitly renewed for a fixed period of maximum three months, only if the Consumer is entitled to terminate this Extended Transaction by the end of its extension respecting a notice of termination of at maximum one month.

3. In the event of an Agreement for a fixed period that was reached for the provision of regular delivery of products or services, the Agreement may only be tacitly renewed for an indefinite period if the Consumer is entitled to terminate at all times, respecting a notice of Termination of maximum one month and a notice of termination of maximum three months in the event the Agreement was reached for the provision of regular – but less than once a month – delivery of daily- news- and weekly papers and magazines.

4. Agreements of a limited duration for the provision of regular delivery of introduction of daily- news- and weekly papers and magazines (trial and introductory subscription) shall not be tacitly renewed and thus will terminate and the end of the trial or introductory period.

Duration

1. Unless reasonability and equity prevent the Termination before the end of the agreed duration, the Consumer shall be entitled to terminate the Agreement with an initial duration of more than one year at all times, respecting a notice of termination of maximum one month.

Article 13 – Payment

1. The Consumer shall settle the due amounts within 14 days after the start of the Reflection period as meant under Article 6, first paragraph, unless stated otherwise.  In the event of an Agreement for the provision of services, this period shall start after receipt of the confirmation of the Agreement by the Consumer.

2. Terms and Conditions shall never include prepayment that exceeds 50% in the event of sale of products to Consumers.  If prepayment was agreed upon, the Consumer shall never be entitled to any right according to the provision of the relevant order of service(s) before the prepayment was confirmed.

3. The Consumer has the duty to inform the trader immediately in the event of inaccuracies in data supplied or in specified payment details.

4. In the event of payment default by the Consumer and subject to legal restrictions, the Trader has the right to charge reasonable costs that were known in advance to the Consumer.

Article 14 – Complaints

1. The Trader has a well-publicized complaints procedure by which complaints handling is done. Mediation is prefered.

2. The Consumer shall submit complaints about the implementation of the Agreement to the Trader right after he discovered the defects in a prompt, fully and clearly described way.

3. Complaints that are submitted to the Trader shall be answered within 14 days, counting from the date of receipt.  In the event that a complaint handling should have a foreseeable longer processing time, the Trader shall confirm receipt within 14 days and indicate when the Consumer can expect a more detailed answer.

4. If a complaint cannot be resolved by mutual agreement, a dispute susceptible to a dispute arrangement arises.

Article 15 – Litigation

1. On Agreements between the Consumer and the Trader where these Terms and Conditions are applicable, only Belgian Laws shall apply.

Article 16 – Additional or deviating terms

Additional or deviating terms to these Terms and Conditions shall not be to the detriment of the Consumer and should be recorded, in an accessible way for the Consumer and in such a way that they can be stored on a Sustainable Data Carrier.