General Terms and Conditions

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

Applicability

These Terms and Conditions apply to all offers, orders, and agreements concluded with Halitus Vitae B.V. and to 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.
Deviations from the provisions in these Terms and Conditions are only possible with the written approval of Halitus Vitae B.V., in which case the other provisions of these Terms and Conditions will remain in full force.
All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Halitus Vitae B.V., are also stipulated for the benefit of intermediaries and other third parties engaged by Halitus Vitae B.V.
Halitus Vitae B.V. has the right to change these Terms and Conditions and the content of its website.
Situations not regulated in these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.

Offers / Agreements

If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
The offer is non-binding. The company is entitled to change and adapt the offer.
The agreement is concluded, subject to the provisions of paragraph 2, at the moment the consumer accepts the offer and meets the conditions set.
Obvious mistakes or manifest errors in the offer do not bind the company.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The company cannot guarantee that the displayed colours exactly match the real colours of the products.
Agreements can be concluded in the Dutch or English language.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Within legal frameworks, Halitus Vitae B.V. may ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Halitus Vitae B.V. has good grounds not to enter into the agreement, it is entitled to refuse an order or request with justification, or to attach special conditions to the execution.
Unless it has been agreed that the purchased products will be delivered to the home, the buyer is obliged to take receipt of the products immediately after the conclusion of the purchase agreement. The risk relating to the products passes to the buyer at the moment the products are brought into the buyer's control through transfer of possession.
If it has been agreed that the products will be delivered to a delivery address to be agreed upon, the costs for transport and shipping will be for the buyer's account, unless expressly agreed otherwise. Should the products be externally, visibly damaged upon arrival, the buyer must make a written reservation to this effect against the carrier by means of a note on the delivery note and must inform Halitus Vitae B.V. of this within 3 working days of receipt.
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 his payment obligations towards Halitus Vitae B.V. under any agreement concluded with Halitus Vitae B.V., including claims regarding failure to comply with such an agreement.
The buyer is not permitted to alienate the products falling under 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 retention of title, the buyer will immediately inform Halitus Vitae B.V. thereof.
If the buyer fails to meet his obligations or if there is a well-founded fear that he will not do so, Halitus Vitae B.V. is entitled to remove or have removed the delivered products subject to retention of title from the buyer or a third party holding the products for the buyer. The buyer is obliged to provide all cooperation to this end, under penalty of a fine of 10% per day of the amount owed by him.

Prices

The price stated by us includes Dutch VAT and is in Euros. Shipping costs and payment costs are charged separately and stated on the invoice. All prices are subject to price changes.
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the company has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
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 company is not obliged to deliver the product at the incorrect price.
When 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 in that country. When placing the order, the correct VAT amount will be shown after entering the address.
Business customers within the EU and outside the Netherlands who provide a valid VAT ID when placing the order can use the reverse charge mechanism.
Customers outside the EU are not charged VAT. They are responsible for paying the correct VAT and import duties themselves.
In the case of Trimix fills, the prices stated on the website are daily prices. The most current price for Trimix fills is available at the filling station.

Delivery and execution

The company will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
For online transactions, the place of delivery is the address that the consumer has made known to the company. For purchases in the shop, the place of delivery is the company's address.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with competent speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the company will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the company will endeavour to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the company.
The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.

Right of withdrawal

When purchasing products online, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the company.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in its original condition and packaging to the company, in accordance with the instructions provided by the company.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the company within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
The consumer is personally responsible for damage, theft and/or loss of the goods during the return process. The consumer can insure the goods during shipment at their own expense.
If, after the expiry of the periods mentioned in paragraphs 1, 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the company, the purchase is a fact.

Costs in case of withdrawal

If the consumer makes use of their right of withdrawal, the costs of return shipment will be for their account at most.
If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than within 14 days of withdrawal. This is subject to the condition that the product has already been received back by Halitus Vitae B.V. or conclusive proof of complete return can be provided. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
Returning the goods to be returned 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 can choose to take out insurance against these risks during transport at their own expense.

Exclusion of the right of withdrawal

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

Payment

Online purchases are paid for using one of the payment methods offered when placing the order. The available payment methods may differ depending on the customer's location.
Online purchases that are collected from the store can also be paid for in cash or by debit card upon collection.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 5, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
Payments are made at the time of purchase in cash or by debit card.
Cylinder fills can be paid for in the shop in cash or by debit card. In addition, cylinder fills can be paid for with a fill card previously purchased by the customer from Halitus Vitae B.V.
Payment on account is only possible for business customers and only after approval from Halitus Vitae B.V. prior to entering into the agreement.
If fraud with fill cards is suspected, Halitus Vitae B.V. and its employees are entitled to refuse payment by fill card and to destroy the relevant fill card.
For online orders, an invoice will be provided to the customer by e-mail.
When paying in the shop, a VAT invoice can be provided to the customer upon request.
Halitus Vitae B.V. is entitled to request a down payment from the customer for filling diving cylinders.
The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the company.
In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Conformity and Warranty

The company 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. This assumes normal use appropriate to the purchased items and/or services.
Any defects or incorrectly delivered products must be reported to the company in writing within 30 days of discovery of the defect.
The company's warranty period corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: a. the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; b. the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the company and/or on the packaging; c. the defect is wholly or partly the result of regulations that the manufacturer and/or the government has set or will set with regard to the nature or quality of the materials used.

Cylinder Fills

For the filling of diving cylinders, Halitus Vitae B.V. may set additional conditions in the form of filling rules. These filling rules are published on the website of Halitus Vitae B.V. and are available in the filling station.
Halitus Vitae B.V. has the right to change these filling rules.
For the filling of his or her diving cylinders, the customer expressly agrees to these general terms and conditions and the additional filling rules.
In case of doubts about the condition or safety of the diving cylinder to be filled, the employees of Halitus Vitae B.V. are at all times entitled to refuse to fill the diving cylinder, even if the same cylinder has been filled by Halitus Vitae B.V. before.
To fill cylinders with a breathing gas mixture other than regular compressed air, the customer must have the correct certification issued by a recognized diving training organization. The certification must indicate the name and photo of the customer along with the limits of the breathing gas mixture for which the customer is certified. If the certification has an expiry date, the certification will not be accepted after this date.
If the customer cannot show a valid certification prior to filling his or her diving cylinder, Halitus Vitae B.V. and its employees are entitled to refuse the fill.
The customer must analyse his or her Nitrox or Trimix mixture immediately after filling. The necessary analysis equipment is available for this purpose in the filling station.
After analysing the Nitrox or Trimix mixture, the customer must note the analysis data in the available logbook and on the filled cylinder.
Each filled diving cylinder must be analysed separately.
By analysing, filling in the logbook and paying, the customer agrees to the breathing gas mixture supplied and is fully responsible for the correct use of the breathing gas mixture.
The customer declares that the breathing gas mixture is for personal use only and will not be made available to third parties.
Halitus Vitae B.V. is not liable for any damage resulting from the incorrect use of the breathing gas mixture purchased from Halitus Vitae B.V.
For compressed air fills, analysis is not necessary. The necessary equipment is available in the filling station to check the filling pressure. The customer is allowed to check the air pressure in his or her diving cylinder before payment. For compressed air fills, the customer accepts the cylinder fill by payment.
When filling the diving cylinder, the breathing gas mixture in 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.
Subsequent claims are not possible

Fill Card

For the payment of cylinder fills, Halitus Vitae B.V. can issue so-called fill cards.
This fill card can be used to pay for a number of diving cylinder fills indicated on the fill card.
The fill card can only be used for the breathing gas mixture, filling pressure and cylinder volume indicated on the fill card.
When using the fill card, the number of cylinder fills paid for with the fill card will be marked on the fill card.
As soon as the maximum number of cylinder fills has been reached, the fill card is fully used and loses its value.
The fill card is paid for in full upon purchase.
Fill cards cannot be returned or exchanged.
Fill cards are valid for up to two years after purchase.

Complaints

The customer must thoroughly inspect the cylinder fill and/or purchased items upon receipt. The necessary equipment for analysing and measuring the cylinder fill is available in the filling station for the customer to use.
Complaints about the breathing gas mixture must be made known immediately before payment.
If the breathing gas mixture does not correspond to the ordered mixture, this will be rectified. The customer agrees that minor deviations in composition and filling pressure may occur.
Breathing gas mixtures cannot be exchanged and/or returned.
Items purchased in the shop, other than cylinder fills and fill cards, can be exchanged within 14 days of purchase. For this, the items must be unused, in their original packaging and in good condition. Exchanges and returns can only be made on presentation of the receipt.
Complaints about the execution of the agreement must be submitted to the company, fully and clearly described, within 30 days after the consumer has discovered the defects.
Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the company will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer should first turn to the company. If a solution is still not reached, the consumer has the possibility to have his complaint handled by an independent disputes committee, the decision of which is binding and both the company and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the company's obligations, unless the company indicates otherwise in writing.
If a complaint is found to be well-founded by the company, the company will, at its discretion, either replace or repair the delivered products free of charge.

Disputes

All our agreements are governed by Dutch law. This also applies when the customer resides/is established abroad. The competent Dutch court has exclusive jurisdiction to hear all disputes that may arise from the agreement between Halitus Vitae B.V. and the other party.
The Vienna Sales Convention is not applicable.

Extrajudicial Collection Costs

If Halitus Vitae B.V. has to incur costs for legal assistance due to non-compliance with the agreement by the buyer, the buyer is obliged to fully reimburse Halitus Vitae B.V. for these costs.
In the event of non-payment, all costs incurred by us will be passed on with a minimum of €100.00.