Terms and Conditions

1. All prices used by Deep Nation are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Deep Nation is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time with prior notice to those who might already be subscribed to its offers.
3. Increases in the cost prices of products or parts thereof, which Deep Nation could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. These will be communicated before charging.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
5. The parties have agreed on a total amount for a service provided by Deep Nation, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
6. Deep Nation has the right to adjust prices annually.
7. Deep Nation will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
8. The consumer has the right to terminate the contract with Deep Nation if he does not agree with the price increase.

Payments and payment term

1. Deep Nation reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
2. This is not the case for events organized on request. There the agreed upon terms apply.

Right of recovery of goods 

1. As soon as the customer is in default, Deep Nation is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Deep Nation invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Deep Nation, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• • the product has not been used
  • It is not a product that can spoil quickly, like food or flowers
  • the product is not specially tailored for the consumer or adapted to its special needs
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
  • the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
  • the product is not a separate magazine or a loose newspaper, this includes the monthly subscriptions and other mailings
  • the purchase does not concern an (assignment to) urgent repair
  • the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
   • on the day after the consumer has received the last product or part of 1 order
   • as soon as the consumer has received the first the product of a subscription
   • as soon as the consumer has purchased a service for the first time
   • as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via info@deepnation.eu, if desired by using the withdrawal form that can be downloaded via the website of Deep Nation, deepnation.eu.
4. The consumer is obliged to return the product to Deep Nation within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Deep Nation will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Deep Nation in time.
2. The costs for return are only reimbursed by Deep Nation if the complete order is returned.

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.
Suspension of obligations by the customer

Right of retention 

1. Deep Nation can appeal to his right of retention of title and in that case retain the products sold by Deep Nation to the customer until the customer has paid all outstanding invoices with regard to Deep Nation, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Deep Nation.
3. Deep Nation is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Retention of title

1. Deep Nation remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Deep Nation under whatever agreement with Deep Nation including of claims regarding the shortcomings in the performance.
2. Until then, Deep Nation can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Deep Nation invokes its retention of title, the agreement will be dissolved and Deep Nation has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery of products ordered online takes place at the address indicated by the customer.
3. If the agreed price is not paid on time, Deep Nation has the right to suspend its obligations until the agreed price is fully paid.
4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Deep Nation.

Delivery period

1. Any delivery period specified by Deep Nation is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Deep Nation.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Deep Nation cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise. This is not the case for the monthly subscriptions which have their shipping costs included.

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Deep Nation may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Deep Nation, failing which Deep Nation cannot be held liable for any damage.

1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
   • goods delivered that are necessary for the execution of the underlying agreement
   • goods being property of Deep Nation that are present at the premises of the customer
   • goods that have been delivered under retention of title

2. At the first request of Deep Nation, the customer provides the policy for these insurances for inspection.

1.  When parties have entered into an agreement with services included, these services only contain best-effort obligations for Deep Nation, not obligations of results.
2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

1. Deep Nation executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Deep Nation has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that Deep Nation can start the implementation of the agreement on time.
5. If the customer has not ensured that Deep Nation can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

1. The customer shall make available to Deep Nation all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, Deep Nation will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Deep Nation and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property

1. Deep Nation retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Deep Nation, nor show them to third parties and / or make them available or use them in any other way.

Penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Deep Nation an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Deep Nation including its right to claim compensation in addition to the fine.

1. The customer must examine a product or service provided by Deep Nation as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Deep Nation of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Deep Nation of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Deep Nation is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Deep Nation being forced to perform other work than has been agreed.

Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.