DEFINITIONS

Embryo Angling Habitats, Embryo: Embryo Netherlands Holding, established in Kerkrade

under KvK no. 82283672

  1. Customer/member: the person with whom Embryo Angling Habitats has entered into an agreement.
  2. Membership: after entering into an agreement, the customer/member is part of the Embryo Community.
  3. Parties: Embryo Netherlands Holding. and customer together
  4. Consumer: a customer who is also an individual acting as a private person.
  5. Rota: By rota is meant, a midweek ticket or a weekend ticket

    APPLICABILITY OF GENERAL TERMS AND CONDITIONS

  1. These terms and conditions apply to all quotes, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Embryo Netherlands Holding.
  2. The parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
  3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.

    PRICES

  1. All prices used by Embryo Netherlands Holding are in euros, are inclusive of VAT and exclusive of any other costs such as administration, levy and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices used by Embryo Netherlands Holding for its services, on its website or otherwise disclosed, Embryo Netherlands Holding may change at any time.
  3. The parties agree a total amount for a service by Embryo Netherlands Holding as a target price, unless the parties have expressly and in writing agreed on a fixed price, which cannot be deviated from.
  4. Embryo Netherlands Holding is entitled to deviate up to 10% from the target price.
  5. If the target price will be more than 10% higher, Embryo Netherlands Holding shall inform the customer in good time why a higher price is justified.
  6. Embryo Netherlands Holding has the right to adjust the prices annually.
  7. Prior to taking effect, Embryo Netherlands Holding will communicate price adjustments to the customer.
  8. The consumer has the right to terminate the agreements with Embryo Netherlands Holding if he does not agree with the price increase.

PAYMENT

  1. The customer can pay by bank transfer. When choosing bank transfer, the total price must be paid into an Embryo Netherlands Holding account number within 7 days.
  2. In case of late payment, Embryo Netherlands Holding is entitled to unilaterally terminate the agreement.
  3. Cancellation conditions: the deposit will not be refunded under any circumstances.

    RIGHT OF WITHDRAWAL

1. A consumer may cancel a purchase during a 10-day cooling-off period without giving any reason provided that:

  1. The 10-day reflection period as mentioned in paragraph 1 starts on the day after the consumer has received the last product or part of 1 order.
  2. The consumer can make his appeal to the right of withdrawal known vianetherlands@embryoangling.eu
  3. The consumer will be obliged to return the product to Embryo Netherlands Holding within 10 days of making his right of withdrawal known, failing which his right of withdrawal will lapse.
  4. After 10 days, it is no longer possible to dissolve the agreement and you cannot receive the amount as a refund.

WARRANTY

1. When parties have entered into an agreement with a service character, it contains for Embryo Angling Habitats only an obligation of effort and thus no obligation of result.

EXECUTION OF THE AGREEMENT

  1. Embryo Angling Habitats shall execute the agreement to the best of its knowledge and ability and according to the requirements of good craftsmanship.
  2. Embryo Angling Habitats has the right to have the agreed services (partly) performed by third parties.
  3. The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed advance by the client.

DURATION OF SERVICE AGREEMENT

  1. The agreement between Embryo Angling Habitats and the customer regarding a service is entered into for the duration of 1 year, unless something else follows from the nature of the agreement or the parties have expressly agreed otherwise in writing.
  2. After expiry of the term mentioned in paragraph 1 of this article, the agreement between Embryo Angling Habitats and the customer regarding a service will be automatically terminated.

    INTELLECTUAL PROPERTY

  1. Embryo Angling Habitats retains all intellectual property rights (including copyright, patent right, trademark right, drawings and models right, etc.) on all designs, drawings, writings, carriers with data or other information, offers, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
  2. The client shall not copy, show and/or make available to third parties or otherwise use the said intellectual property rights without Embryo Angling Habitats’ prior written consent.
  3. If you send a photograph to Embryo Angling Habitats B.V., we assume that we may publish it on our website. You have the right to have this photograph removed by us at any time.

INDEMNIFICATION

1. The customer indemnifies Embryo Angling Habitats against all third party claims related to the products and/or services supplied by Embryo Angling Habitats

COMPLAINTS

  1. If a product delivered or service rendered does not comply with what the customer could reasonably expect from the agreement, the customer shall inform Embryo Angling Habitats as soon as possible, but in any case within 1 month after discovering the shortcomings.
  2. Consumers should inform Embryo Angling Habitats at the latest within 2 months after discovering shortcomings.
  3. The client shall give as detailed a description as possible of the shortcoming, so that Embryo Angling Habitats is able to respond adequately.
  4. The client shall demonstrate that the complaint relates to an agreement between the parties.

    NOTICE OF DEFAULT

  1. The customer shall give notice of default in writing to Embryo Netherlands Holding
  2. It is the customer’s responsibility that a notice of default actually reaches Embyro AnglingHabitats (on time).

    LIABILITY OF EMBRYO NETHERLANDS HOLDING

  1. Embryo Netherlands Holding shall only be liable for any damage suffered by the customer if and to the extent such damage is caused by Embryo Netherlands Holding’s intent or deliberate recklessness
  2. If Embryo Netherlands Holding is liable for any damage, it shall only be liable for direct damage resulting from or related to the execution of the agreement.
  3. Embryo Angling Habitats shall never be liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Embryo Angling Habitats is liable, this liability shall be limited to the amount paid by the (professional) liability insurance taken out by Embryo Netherlands Holding and in the absence of (full) payment by the insurance company of the damage amount, for whatever reason, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
  5. The customer shall indemnify Embryo Netherlands Holding for:
    1. fines and/or penalties imposed on Embryo Angling Habitats in connection with the customer’sfailure to comply with laws and regulations;
    2. damage caused by the customer to third parties’ property or Embryo Angling Habitats’property.
  6. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are onlyindicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

    DUE DATE

1. Insofar as not stipulated otherwise in these general terms and conditions, rights of action
and other powers of the customer on any account whatsoever towards Embryo Netherlands Holding in connection with the performance of work or the supply of goods or services by Embryo Netherlands Holding, expire in any case after one year from the moment the customer became aware or could reasonably be aware of the existence of these rights and powers.

FORCE MAJEURE

  1. In addition to the provisions in article 6:75 of the Civil Code, a shortcoming of Embryo Angling Habitats B.V. in the fulfilment of any obligation towards the customer cannot be attributed to Embryo Netherlands Holding in a situation independent of Embryo Netherlands Holding’s will,
    as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Embryo Netherlands Holding.
  2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to -: state of emergency (such as civil war, revolt, riots, natural disasters, floods, droughts, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power-, electricity-, internet-, computer- and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
  3. If a force majeure situation occurs as a result of which Embryo Netherlands Holding cannot fulfil 1 or more obligations towards the client, those obligations will be suspended until Embryo Netherlands Holding can fulfil them again.
  4. Embryo Netherlands Holding shall not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

    AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

  1. Embryo Netherlands Holding is entitled to amend or supplement these general conditions.
  2. Amendments of minor importance may be made at any time.
  3. Major substantive changes will discuss Embryo Netherlands Holding as much as possible inadvance with the customer.
  4. Consumers have the right to terminate the agreement in case of a substantial modification of thegeneral terms and conditions.

    TRANSFER OF RIGHTS

  1. Rights of the customer from an agreement between parties cannot be transferred to third parties.
  2. This provision shall be considered a stipulation with effect under property law as referred to inArticle 3:83, second paragraph, of the Dutch Civil Code.

    CONSEQUENCES OF NULLITY OR VOIDABILITY

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Embryo Angling Habitats had in mind when drafting the terms and conditions on that point.

    APPLICABLE LAW AND COMPETENT COURT

  1. Any agreement between the parties is exclusively governed by Dutch law.
  2. The Dutch court in the district where Embryo Netherlands Holding has its registered office/office is exclusively competent to take cognisance of any disputes between the parties, unless the lawimperatively prescribes otherwise.

SPECIFIC CONDITIONS

  1. Embryo reserves the right to close lakes, for maintenance or for a limited number of events*** Embryo will endeavour to inform members as far in advance as possible of any closure.
  2. In the event of flooding / spawning / predation / disease problems, Embryo Angling Habitats reserves the right to close its lakes with immediate effect for the duration required to resolve the problem. The customer will be contacted to propose rebooking in case of pre-paid service.
  3. Embryo reserves the right to terminate membership immediately if (in Embryo’s opinion) the customer violates the rules or behaviour demands immediate expulsion from the community. This is without refund of fees paid. This decision is final. Membership is by invitation only.
  4. The ‘Facebook’ page and associated ‘WhatsApp group’ is managed and moderated by the pond manager. All members are invited to become members, this is a useful way to disseminate information. Management of the group lies with the pond responsible, Embryo Angling Habitats is not responsible for the content of the page.
  5. Embryo Angling Habitats has the right to sell additional winter tickets to increase visitor numbers during the winter months. Where applicable, this will run from 1 November to 31 March.
  6. Each lake and rota will have a set number of customers at the beginning of each season. Embryo Anlging Habitats reserves the right to change the number of members. Attendance is closely monitored on all lakes. If a lake is quiet, additional clients may be allowed.
  7. All property (including vehicles) is brought at your own risk. Embryo Angling Habitats takes no responsibility for injury, loss or damage to property.
  8. It is our aim to ensure, as far as reasonably practicable, the health and safety of our employees and third parties who may be affected by our activities. Everyone has a legal responsibility, a duty of care, to look after their own and others’ health and safety.
  9. *** Organised events include (but are not limited to) Carp Academy, charity events and Tackle shop socials. These events are normally run mid-week and do not exceed 3 days (2 nights) unless otherwise communicated.
  10. Recording of films for promotional purposes for customers is prohibited.