(1) Sebbewebdesign guarantees accessibility to the database of the website, under the condition that it’s technically and operationally possible. Sebbewebdesign can not be held responsible for any temporary failures and technical problems of the service.
(2) Maintenance of the website’s database is being done regularly and the website is developed in order to maintain the safety and integrity of the server and to prevent serious disruptions occur. The use of this database may be temporarily restricted as a result if this.
(3) Sebbewebdesign reserves the right to modify the structure of the database, limit or expand without prior notice, under the condition that these modifications do not influence the specifications of the boats which are offered.
§ 4 Advertising
(1) The dealer is obliged to only place correct offers for the sale of boats in the database.
(2) The provided images and other information should only relate to the submitted boat.
§ 5 Prices
(1) The fee for the period of use of the website are excluding VAT. according to Dutch tax policies.
(2) Sebbewebdesign reserves the right to modify prices as a result of cost increases in an appropriate manner, after the conclusion of the contract. If a price increase occurs, the dealer will be informed at least four weeks in advance in writing or by e-mail. If the dealer does not objects within four weeks before the adjustment of the new price by sending an e-mail to
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or writing to Sebbewebdesign, PO Box 7657, 8903 JR Leeuwarden, The Netherlands the dealer agrees with the price adjustments.
§ 6 Payment Terms
(1) During the contract period dealer is obliged to pay Sebbewebdesign a fee in advance, without discount or settlement, in accordance with the agreed payment frequency.
(2) Payments are on an annual basis. The annual payment must be met once a year on the fifteenth (15) day of the first month of each year, starting in the first month after registration.
(3) Dealer also has the option to have the payments collected through direct debit. If dealer requires this option, dealer authorizes, until further notice, Sebbewebdesign to automatically collect all amounts based on the agreement through direct debit from the (post) of bank account. Dealer will accordingly ensure sufficient balance on the account referred. When there are lack of funds or when a direct debit has been returned, Sebbewebdesign reserves the right to recover all costs resulting out of this.
(4) In case of late payment Sebbewebdesign is entitled to block the dealer's offer until the dealer has paid the fee (collateral). In addition, in case of late payment dealer is immediately liable to Sebbewebdesign to pay an interest of 3% per month, where a portion of one month will be set equal to one month, plus 10% outside legal expenses, subject to the right of Sebbewebdesign to charge actual damage when this damage exceeds the related penalty. The balance of the claim against the dealer, as contained in the records of Sebbewebdesign, is binding between Sebbewebdesign and the dealer subject to the absence of proof. All judicial and extrajudicial costs incurred by Sebbewebdesign related to late payment or any other default under this agreement by the dealer, will be charged to the dealer.
(5) All administrative costs resulting from a request by the dealer during the contract, including changes to the agreement, may be charged according to the dealer against a competitive rate.
(6) Dealer will have to pay VAT on the agreed fee which should be paid to Sebbewebdesign in accordance with the agreed payment term.
(7) Dealer is not entitled to suspend payments, nor to miscalculate claims towards Sebbewebdesign or claims from Sebbewebdesign on dealer.
(8) If dealer wishes to make use of the Top Offers on onlineboatsearch.com, Sebbewebdesign is entitled to adjust the periodical payments according to the number of Top Offers dealer wants to place in a pre-agreed period of use. Subsequently the fee for the Top Offers will be charged afterwards on a quarterly basis through direct debit.
§ 7 Contract
(1)The term of the agreement has a duration of twelve (12) months. The agreement begins with the receipt of the confirmation e-mail from the website after sending the registration form.
(2) Ultimately 21 days before end of the agreement dealer will receive a notification in writing or by e-mail from Sebbewebdesign which states that the legal contract duration is about to end.
If the
dealer wish to make use of re-extending the contract, the dealer needs to inform Sebbewebdeisgn in writing (
Sebbewebdesign, PO Box 7657, 8903 JR Leeuwarden, The Netherlands) or e-mail (
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) ultimately one (1) day before end of contract duration.
(3) The agreement may be terminated by e-mail (
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) or writing (Sebbewebdesign, PO Box 7657, 8903 JR Leeuwarden, The Netherlands).
§ 8 Liability
(1) Sebbewebdesign and persons who are employed in the task of implementing the agreement, including our staff, can not in any way be held liable by the customer for damages of any kind, loss of profits and other consequential damages suffered by any person, arising from, or in connection with goods supplied by us or made available products or services, unless such damage is due to intent or gross negligence.
(2) The liability of Sebbewebdesign will at all times be limited to the amount which has been charged to customer or to the amount yet to be charged.
(3) Sebbewebdesign is not responsible for the consequences of events that will take place at a hosting provider or other matters that are out of Sebbewebdesigns control.
§ 9 Responsibility for the contents
(1) Exclusively the dealer is responsible for the correctness and legality of the information provided. He commits himself to ensure that the information or content does not conflict with these conditions and that it is compliant with national or international law and/or third party rights (including copyrights, trademark rights, naming rights, other personal rights, etc.)
(2)The dealer guarentees Sebbewebdesign by submitting photos to an ad that the dealer is authorized to make them public and indemnify Sebbewebdesign for any damages resulting from unauthorized use.
§ 10 Rights
(1) Sebbewebdesign is the legitimate owner and has exclusive rights to the website and database and all copyrights, trademarks and other intellectual property rights in the website, database, content, information and other elements. Any rights of the dealer is not affected by this provision.
(2) Any content, graphics or other information on the website - even if this material is not protected under copyright, registered designs, or marks - may not be copied, distributed, or used in any way without prior permission the rightful owner.
§ 11 Data
(1) Your personal information remains confidential. Sebbewebdesign will never provide this information, name, address, e-mail address, telephone number, etc. to third parties without your express upfront provided authorization.
(2) The dealer has the right to ask for any personal information stored by Sebbewebdesign at any time.
§ 12 Applicable law
All legal relationships between parties are considered in accordance with the laws of the Netherlands, to the exclusion of all substantive and procedural legal requirements of other jurisdictions. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
