Terms of service
Disclaimer: We provide this translation of our Terms of Service as a service to make them easier to understand. This translation is based on the original Dutch version. In the event of any discrepancies, inconsistencies or differences in interpretation, the Dutch version shall prevail and be legally binding.
Terms of Service Pop-Up Surf Shop
Version 20260331
Date 31-03-2026
Article 1 – Definitions
In these Terms of Service, the following terms shall have the meanings set out below:
1. Offer: any offer made by the Seller to the Buyer for the supply of Products, to which these Terms of Service are inseparably linked.
2. Cooling-off Period: the period (withdrawal period) within which the Buyer may exercise the Right of Withdrawal.
3. Consumer: the natural person who is acting for purposes that are outside his or her trade, business, craft or profession.
4. Durable Medium: any tool that enables the Consumer to store information addressed personally to him or her in a way that allows for future reference and the unchanged reproduction of the stored information (for example, email or a PDF file).
5. Right of Withdrawal: the Consumer’s right to withdraw from the Agreement within the Cooling-off Period without stating any reasons.
6. Buyer: the Consumer who enters into an Agreement with the Seller.
7. Agreement: the purchase agreement between the Seller and the Buyer relating to the sale and delivery of Products, regardless of the manner in which this Agreement is concluded.
8. Products: the products offered by the Seller, including physical products and gift cards.
9. Seller: the party offering Products to the Buyer, hereinafter referred to as Pop-Up Surf Shop.
Article 2 – Identity of the Seller
Front Trading, trading under the name Pop-Up Surf Shop
Viaductweg 48
2525 KL The Hague
The Netherlands
Email: info@popupsurfshop.eu
Telephone number: +31 (0)6 2225 1230
Website: www.popupsurfshop.eu
Chamber of Commerce registration number: 62299808
VAT identification number: NL002033397B05
Article 3 – Applicability
1. These Terms of Service apply to every Offer made by Pop-Up Surf Shop and to every Agreement entered into between Pop-Up Surf Shop and a Buyer.
2. Before an Agreement is concluded, the Buyer shall be provided with these Terms of Service. If this is not reasonably possible, Pop-Up Surf Shop shall indicate to the Buyer how the Terms of Service can be accessed, which in any event are published on the Pop-Up Surf Shop website, enabling the Buyer to easily store these Terms of Service on a Durable Medium.
3. If, in addition to these Terms of Service, additional or deviating terms and conditions apply, the Buyer may, in the event of any inconsistencies, rely on the provision that is most favourable to the Buyer.
4. These Terms of Service apply to all consumer agreements concluded with Front Trading, trading under the name Pop-Up Surf Shop. For business purchases (B2B), Front Trading applies separate terms and conditions, which are available upon request. These consumer Terms of Service do not apply to agreements not concluded with Front Trading.
5. These Terms of Service apply exclusively to consumer agreements within the European Union. If Front Trading concludes an agreement to which these consumer Terms of Service do not apply, such as in the case of certain deliveries outside the European Union, the applicable terms and conditions shall be clearly communicated to the Buyer prior to the conclusion of the Agreement.
Article 4 – The Offer
1. If an Offer is subject to limitations or specific conditions, this shall be expressly stated in the Offer.
2. Pop-Up Surf Shop makes every effort to present product descriptions, specifications and images as completely, accurately and up to date as possible. Obvious errors or mistakes in the Offer are not binding on Pop-Up Surf Shop. The Buyer acknowledges that, for products in the surf industry, minor variations may occur which are inherent to the manufacturing process or result from seasonal updates by the manufacturer. Such variations may include differences in colour tones, logo placement, finish, components used (such as fin boxes) or other minor design changes. In addition, colours and details shown in images may differ slightly due to screen settings, lighting conditions and photography. Such normal variations do not mean that the Product fails to conform to the Agreement and do not entitle the Buyer to invoke non-conformity. This does not affect the Buyer’s statutory Right of Withdrawal, nor the Buyer’s right to statutory remedies if the delivered Product materially deviates from the product description or does not meet reasonable expectations based on the Offer.
3. Delivery times stated in the Offer are indicative only. Exceeding an indicative delivery time does not automatically entitle the Buyer to compensation. The Buyer shall, however, retain all statutory rights in the event of late delivery, including the right to terminate the Agreement after a reasonable additional period has been granted.
4. Where and insofar as an Offer constitutes a promotion, it does not automatically apply to repeat or subsequent orders. Promotional Offers are valid while stocks last and apply on an “while supplies last” basis.
Article 5 – Formation of the Agreement
1. The Agreement is concluded at the moment the Buyer accepts the Offer made by Pop-Up Surf Shop in the manner specified in the Offer.
2. Following acceptance of the Offer, Pop-Up Surf Shop shall promptly send the Buyer an electronic confirmation of the Agreement. Until the Buyer has received this confirmation, the Buyer may cancel the Agreement free of charge.
3. Pop-Up Surf Shop is not bound by an Offer that contains an obvious error or clerical mistake. No rights may be derived by the Buyer from such an error.
4. Pop-Up Surf Shop reserves the right to refuse an order or to attach special conditions to the performance of the Agreement if there is a justified reason to do so, such as incorrect information, suspected misuse or fraud, or if a Product unexpectedly proves to be unavailable. In such cases, Pop-Up Surf Shop shall inform the Buyer as soon as possible.
Article 6 – Right of Withdrawal
1. The Buyer has the right to withdraw from the Agreement without stating any reasons within a period of fourteen (14) days (the Cooling-off Period).
2. The Cooling-off Period shall commence:
a. in the case of physical Products: on the day on which the Buyer, or a third party designated by the Buyer who is not the carrier, has received the Product;
b. in the case of multiple Products ordered in one order and delivered separately: on the day on which the Buyer, or the designated third party, has received the last Product;
c. in the case of gift cards: on the day on which the Buyer has received the gift card electronically.
3. The Right of Withdrawal is excluded for Products that are manufactured in accordance with the Buyer’s specifications or that are clearly personalised.
4. Gift cards issued by Pop-Up Surf Shop are subject to the Right of Withdrawal, provided that they have not been used. An unused gift card may be withdrawn within the Cooling-off Period. In such case, Pop-Up Surf Shop shall deactivate the gift card and refund the amount paid. Once a gift card has been used in whole or in part, withdrawal is no longer possible.
Article 7 – Obligations of the Buyer during the Cooling-off Period
1. During the Cooling-off Period, the Buyer shall handle the Product and its packaging with due care. The Buyer shall only handle and inspect the Product to the extent necessary to establish the nature, characteristics and functioning of the Product, in the same manner as the Buyer would be permitted to do in a physical shop.
2. The Buyer shall be liable only for any diminution in value of the Product resulting from handling of the Product beyond what is permitted under paragraph 1. Pop-Up Surf Shop is entitled to deduct such diminution in value from the amount to be refunded.
3. The Buyer shall not be liable for any diminution in value of the Product if Pop-Up Surf Shop has not clearly informed the Buyer, prior to the conclusion of the Agreement, of the existence of the Right of Withdrawal, the conditions thereof and the manner in which it may be exercised.
4. With regard to Products that, for hygiene reasons, can only be assessed to a limited extent, a diminution in value may arise where the Buyer has used the Product beyond what is necessary to establish its nature, characteristics and functioning. This paragraph does not constitute an exclusion of the Right of Withdrawal, unless expressly provided otherwise in Article 6.
Article 8 – Exercise of the Right of Withdrawal
1. The Buyer shall exercise the Right of Withdrawal by sending an unequivocal statement to Pop-Up Surf Shop within the Cooling-off Period, preferably by email. The Buyer may use the standard withdrawal form for this purpose, but is not obliged to do so. The standard withdrawal form is available via the Pop-Up Surf Shop website or will be provided by email upon request.
2. The Buyer shall return the Product as soon as possible, but no later than fourteen (14) days after the withdrawal notification referred to in paragraph 1. This obligation does not apply if Pop-Up Surf Shop has offered to collect the Product itself.
3. The Buyer shall return the Product with all supplied accessories, in its original condition and, where reasonably possible, in its original packaging, and in accordance with the reasonable and clear return instructions provided by Pop-Up Surf Shop.
4. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal shall lie with the Buyer.
5. The Buyer shall bear the direct costs of returning the Product, unless Pop-Up Surf Shop has expressly indicated in advance that it will bear such costs, or where mandatory law provides otherwise. For large or fragile Products that cannot be returned by standard parcel post, such as surfboards, return costs may be significantly higher than for standard parcels. Upon request, Pop-Up Surf Shop may inform the Buyer in advance of an indication of such costs.
6. If the Buyer exercises the Right of Withdrawal, all ancillary agreements concluded in connection with the original purchase shall be terminated by operation of law.
Article 9 – Obligations of the Seller in the Event of Withdrawal
1. As a rule, Pop-Up Surf Shop shall send the Buyer a confirmation of receipt of the withdrawal notice, so that it is clear to both parties that the withdrawal notification has been received.
2. Following withdrawal, Pop-Up Surf Shop shall refund all payments received from the Buyer, including the standard delivery costs for the outbound shipment. Any additional costs resulting from the Buyer’s choice of a more expensive delivery method than the standard delivery method offered by Pop-Up Surf Shop shall not be refunded.
3. Pop-Up Surf Shop shall refund the Buyer within fourteen (14) days following the withdrawal. However, Pop-Up Surf Shop may withhold the refund until the Product has been received. For large or fragile Products that cannot be returned by standard parcel post, such as surfboards, receipt of the Product is necessary in order to assess its condition and any diminution in value. In such cases, the mere provision of proof of dispatch shall not be sufficient to proceed with a refund. No costs shall be charged to the Buyer in connection with the refund.
4. Pop-Up Surf Shop shall use the same means of payment as the Buyer used for the original transaction, unless the Buyer has agreed to a different method. The refund shall be made free of charge to the Buyer.
5. The risk of loss, theft or damage to the Product during return transport shall lie with the Buyer until the Product has been received by Pop-Up Surf Shop.
6. Pop-Up Surf Shop may charge for any diminution in value where the Buyer has handled the Product in a manner that goes beyond what is necessary to establish its nature, characteristics and functioning. Such diminution in value may be significant, for example where the Product is returned damaged, incomplete or clearly used.
7. In the event of withdrawal of an unused gift card, the amount paid shall be refunded after the gift card has been deactivated by Pop-Up Surf Shop. If the gift card has been used in whole or in part, withdrawal is no longer possible and no refund shall be made.
Article 10 – Prices
1. The prices stated in the Offer include VAT and any other charges imposed by government authorities.
2. Any delivery costs shall be clearly stated before the Agreement is concluded.
3. For delivery addresses that are classified by carriers as difficult to access or remote areas, or otherwise designated as such by them, additional delivery costs may apply. Where this is the case, the Buyer shall be informed thereof before the Agreement is processed. The Agreement shall only be performed after the Buyer has expressly agreed to these additional costs. If the Buyer does not agree, the Agreement shall be terminated free of charge and the full purchase amount shall be refunded. The additional costs shall only be charged after the Buyer has given such consent.
4. During the period of validity stated in the Offer, the prices of the Products offered shall not be increased, except as a result of changes in VAT rates.
5. Pop-Up Surf Shop may offer Products at variable prices where such prices are subject to fluctuations in the financial market over which Pop-Up Surf Shop has no control. In such cases, the Offer shall state that the prices are indicative only and may vary.
Article 11 – Performance and Warranty
1. Pop-Up Surf Shop guarantees that the Products delivered conform to the Agreement, possess the characteristics required for normal use and have the qualities that the Buyer may reasonably expect on the basis of the Offer (statutory conformity).
2. If a Product is damaged upon delivery or otherwise does not conform to the Agreement, the Buyer is entitled to an appropriate remedy in accordance with Section 7:21 of the Dutch Civil Code, such as repair or replacement free of charge, unless one of these remedies is impossible or cannot reasonably be required of Pop-Up Surf Shop due to disproportionate costs.
3. Pop-Up Surf Shop is entitled to refuse replacement where this would be disproportionately costly in comparison with repair, taking into account the value of the Product, the severity of the defect and the costs involved in replacement. In such case, Pop-Up Surf Shop shall offer repair free of charge within a reasonable period and without significant inconvenience to the Buyer.
4. The Buyer is requested to inspect the Product promptly after receipt for visible damage or defects and to report any such damage or defects to Pop-Up Surf Shop within a reasonable period, preferably with photographs. This does not constitute a condition for exercising statutory rights, but assists in ensuring prompt and proper handling and in determining whether damage occurred during transport. Damage arising after delivery, for example as a result of use, storage or improper transport by the Buyer, is not covered by the statutory warranty.
5. A claim based on non-conformity or warranty shall not be accepted where the defect is wholly or partly the result of circumstances attributable to the Buyer, including but not limited to:
- incorrect, careless or improper use;
- use contrary to the instructions provided or the intended purpose of the Product;
- insufficient or improper maintenance;
- normal wear and tear;
- damage arising after delivery, such as impact, drop, pressure, water or transport damage, including damage occurring during return shipments not made in the context of a valid withdrawal.
6. Pop-Up Surf Shop is entitled, where reasonably necessary, to have the Product examined or to request additional information from the Buyer in order to determine the cause and nature of a reported defect.
7. The Right of Withdrawal is separate from the right to repair or replacement in the event of non-conformity. The Buyer may not exercise the Right of Withdrawal for the purpose of enforcing a different warranty solution than that to which Pop-Up Surf Shop is legally obliged.
8. If, despite a reasonable and timely offer of repair, the Buyer returns the Product without a valid withdrawal notice, such return shall be considered a return outside the scope of withdrawal. In that case, return transport shall be entirely at the Buyer’s cost and risk. A valid withdrawal exists only where the Buyer has submitted an unequivocal withdrawal statement within the statutory period in accordance with Article 8 of these Terms of Service.
9. In the event of a return outside the scope of withdrawal, Pop-Up Surf Shop is entitled to:
- determine any diminution in value and deduct such amount from any refund;
- withhold the costs of the original outbound delivery insofar as the Product is no longer in its original condition due to damage, use or handling;
- return the Product to the Buyer after repair instead of proceeding with replacement or termination of the Agreement.
This shall not affect the Buyer’s statutory rights in the event of non-conformity.
10. Any additional warranties provided by Pop-Up Surf Shop or by the manufacturer shall be supplementary to, and shall not limit or affect, the Buyer’s statutory rights.
Article 12 – Delivery and Performance
1. Pop-Up Surf Shop shall exercise the greatest possible care in the performance of Agreements. This applies both to the processing of orders and to the packaging and dispatch of Products, including large and fragile Products such as surfboards.
2. Delivery shall take place at the address provided by the Buyer at the time the Agreement is concluded. If a delivery address falls outside the standard delivery area or is classified by carriers as undeliverable, Pop-Up Surf Shop may cancel the order or impose additional conditions. In such case, the Buyer shall be informed in advance.
3. Certain items, such as surfboards and other bulky products, require special handling and delivery arrangements. Depending on the destination and carrier, delivery may take place either by appointment or on a scheduled delivery date, for example as indicated via tracking. In all cases, the Buyer is expected to monitor delivery updates and ensure availability to receive the shipment.
4. Pop-Up Surf Shop or the carrier may contact the Buyer to arrange or confirm delivery. The Buyer is responsible for providing correct contact details and being reachable for delivery-related communication.
5. Delivery of bulky items requires a person to be present at the delivery address to receive, inspect and accept the Products. These items cannot be left unattended, unless the Buyer has explicitly requested otherwise.
6. If, at the Buyer’s explicit request or instruction, the shipment is delivered without a recipient present, for example by leaving it at a gate, front door or other designated location, this shall be at the Buyer’s own risk. In such case, the Product shall be deemed to have been delivered to a third party designated by the Buyer.
7. If delivery cannot be completed due to lack of response, incorrect contact details or unavailability of the Buyer, Pop-Up Surf Shop reserves the right to return the shipment. Any direct shipping and return costs incurred may be deducted from any refund.
8. If the Buyer refuses delivery of an order without prior contact, this shall not be considered a return within the meaning of the Right of Withdrawal. In such cases, Pop-Up Surf Shop reserves the right to deduct any direct shipping and return costs incurred from the refund.
9. Failure to accept delivery or refusal of delivery does not replace or constitute a valid exercise of the Right of Withdrawal. The Buyer must follow the standard withdrawal procedure as set out in these Terms of Service.
10. Pop-Up Surf Shop aims to deliver within the stated delivery period. All delivery times are indicative only. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Buyer shall be informed as soon as possible. If Pop-Up Surf Shop fails to deliver within a reasonable additional period set by the Buyer, the Buyer shall be entitled to terminate the Agreement free of charge. The Buyer shall not be entitled to any additional compensation, unless mandatory law provides otherwise.
11. If the Agreement is terminated pursuant to paragraph 10, Pop-Up Surf Shop shall promptly refund the amount paid by the Buyer.
12. The risk of damage to or loss of Products shall remain with Pop-Up Surf Shop until the Product has been received by the Buyer or by a third party designated by the Buyer. The Buyer is requested, insofar as reasonably possible, to check the condition of the packaging and the Product upon delivery for visible damage and to report any such damage immediately to the carrier and to Pop-Up Surf Shop. This request is intended to enable prompt identification of transport damage and does not limit the Buyer’s statutory rights. Damage arising after receipt shall be governed by the provisions of Article 11.
13. Pop-Up Surf Shop is entitled to deliver orders in instalments, provided that this is reasonable. The Buyer shall be informed of this in advance.
Article 13 – Payment
1. All orders placed with Pop-Up Surf Shop must be paid in full before the order is processed. The available payment methods shall be displayed during the ordering process.
2. An order shall only be processed after full payment has been successfully received. In the case of payment by bank transfer, the date on which the amount is credited to the bank account of Pop-Up Surf Shop shall be regarded as the date of payment.
3. Pop-Up Surf Shop may refuse an order or impose additional conditions if there is a suspicion of misuse, fraud or inability to process payment. The Buyer shall be informed thereof in a timely manner.
4. The Buyer may not derive any rights from oral or written price indications for Products that are not (yet) offered via the website, unless Pop-Up Surf Shop has expressly confirmed such price in writing as a final price.
Article 14 – Retention of Title
1. Ownership of the Products delivered shall not pass to the Buyer until Pop-Up Surf Shop has received full payment of all amounts due in respect of the Products.
2. Until ownership has passed to the Buyer, the Buyer shall not be permitted to resell, pledge or otherwise encumber the Product in any manner.
3. If the Buyer receives a Product for which it subsequently appears that payment has not been successfully completed, has been reversed or has been charged back, Pop-Up Surf Shop shall remain the owner of the Product and shall be entitled to demand performance or — where reasonable — to reclaim the Product.
Article 15 – Gift Cards
1. Gift cards issued by Pop-Up Surf Shop may be used as a means of payment for the full range of Products, unless stated otherwise. The value of the gift card shall be applied during the checkout process.
2. Gift cards delivered electronically are subject to the Right of Withdrawal, provided that the gift card has not been used. In the event of withdrawal, the gift card shall be deactivated and the amount paid shall be refunded using the same payment method. Once a gift card has been used in whole or in part, the Right of Withdrawal shall lapse definitively.
3. Gift cards are not redeemable for cash. Any remaining balance may be used for future purchases, but shall not be paid out in cash.
4. A gift card shall be valid for a period of two (2) years, unless a different validity period is stated on the gift card. Upon expiry of the validity period, any remaining balance shall automatically lapse.
5. Loss, theft or unauthorised use of a gift card shall be at the risk of the Buyer or user. Pop-Up Surf Shop can only block a gift card if the Buyer is able to provide proof of payment and the full gift card code.
6. A gift card does not constitute a purchase agreement for Products. The purchase of a gift card does not oblige Pop-Up Surf Shop to deliver specific Products or future stock.
7. Use of gift cards for custom-made or special-order Products:
a. Where a Buyer purchases a gift card with the intention of later acquiring a Product that is not yet available — such as a specially ordered surfboard — an Agreement for that Product shall only be concluded at the moment the gift card is redeemed.
b. If the desired Product ultimately proves to be unavailable, the value of the gift card shall remain available for use towards other purchases.
c. Pop-Up Surf Shop is not obliged to refund the value of a gift card that has already been used or is no longer subject to withdrawal.
d. The purchase of a gift card for the purpose of later using it for a custom-made or specially ordered Product does not oblige the Buyer to purchase that Product. In such case, the gift card shall remain valid for other purchases within the Pop-Up Surf Shop range and shall not be refunded.
8. Where a purchase has been paid for wholly or partly using a gift card and the Agreement is validly withdrawn, the portion paid with the gift card shall be refunded by reactivating the gift card or by issuing a new gift card with an equivalent balance. Refunds in cash are not possible.
Article 16 – Liability
1. Pop-Up Surf Shop shall be liable for damage that is the direct result of an attributable failure in the performance of the Agreement, insofar as such liability arises from mandatory consumer law.
2. Pop-Up Surf Shop shall not be liable for damage arising from use of the Product by the Buyer in a manner contrary to the nature, characteristics or instructions for use of the Product, or as a result of incorrect, careless or improper use, insufficient maintenance or improper storage.
3. Damage arising after the Product has been received by the Buyer — including, but not limited to, damage caused by dropping, impact, pressure, water, transport damage during return shipment or other external causes — shall not fall within the liability of Pop-Up Surf Shop.
4. Pop-Up Surf Shop shall not be liable for indirect damage, including consequential loss, loss of profit, loss of savings or damage resulting from business interruption or loss of time, insofar as permitted by law.
5. Pop-Up Surf Shop shall not be liable for damage resulting from the (temporary) unavailability of the website, technical malfunctions, delayed or incorrect electronic communications, or incomplete or incorrect information on the website, unless such damage is the result of intent or gross negligence.
6. Insofar as Pop-Up Surf Shop is liable, such liability shall be limited to the amount paid out by its liability insurer. If no payment is made by the insurer, liability shall be limited to the amount paid by the Buyer for the relevant Product.
The limitations of liability set out in this Article shall not apply insofar as they are not permitted under mandatory consumer law.
Article 17 – Force Majeure
1. Pop-Up Surf Shop shall not be obliged to fulfil any obligation under the Agreement for as long as it is prevented from doing so by circumstances that cannot be attributed to it by virtue of law, legal act or generally accepted standards in commerce (force majeure).
2. Force majeure shall in any event include — but shall not be limited to — natural disasters, extreme weather conditions, fire, floods, war, terrorism, pandemics, government measures, strikes, restrictions or disruption at carriers or suppliers, failures or disruptions in transport or logistics systems, prolonged outages of energy supplies, cyberattacks, and serious disruptions of IT or communication systems.
3. If the force majeure situation continues for more than thirty (30) days, both Pop-Up Surf Shop and the Buyer shall be entitled to terminate the Agreement. In such case, any amounts paid by the Buyer for Products that have not been delivered shall be refunded. No entitlement to additional compensation shall arise.
4. Insofar as Pop-Up Surf Shop has already partially fulfilled its obligations at the time the force majeure event arises, such partial performance shall be deemed to have been delivered separately. The Buyer shall be obliged to pay the corresponding part of the price, unless this would be unacceptable according to standards of reasonableness and fairness.
Article 18 – Intellectual Property Rights
1. All intellectual property rights relating to the website, product descriptions, images, texts, designs, logos, trade names and other content of Pop-Up Surf Shop are vested exclusively in Pop-Up Surf Shop or its licensors.
2. The Buyer is not permitted, without the prior written consent of Pop-Up Surf Shop, to copy, modify, reproduce, publish, distribute or otherwise use any content protected by intellectual property rights, except to the extent necessary for the normal use of the website or for placing an order.
3. The Buyer is not permitted to reproduce, imitate, modify or commercially exploit Products protected by intellectual property rights — including designs, prints, artwork, shape designs or custom graphics — unless Pop-Up Surf Shop has given its express written consent.
4. In the event of a breach of this Article, Pop-Up Surf Shop shall be entitled to recover the damage suffered as a result thereof from the Buyer, insofar as permitted under applicable law.
Article 19 – Privacy and Data Processing
1. Pop-Up Surf Shop processes personal data of Buyers in accordance with the General Data Protection Regulation (GDPR).
2. The privacy statement — available via the website — sets out which personal data are collected, for what purposes, on what legal basis and for how long such data are retained. It also explains the rights of data subjects.
3. Where Pop-Up Surf Shop is required, on the basis of the Agreement, to secure data, it shall implement appropriate technical and organisational measures that are reasonable in light of the state of the art, the nature of the data and the costs of implementation.
4. Pop-Up Surf Shop may engage third parties for the processing of personal data, such as payment service providers and carriers. These parties shall process personal data solely on behalf of Pop-Up Surf Shop and in accordance with data processing agreements.
Article 20 – Complaints
1. Pop-Up Surf Shop operates a complaints procedure and handles complaints with due care. Complaints relating to the performance of the Agreement should be submitted by the Buyer to Pop-Up Surf Shop as soon as possible after they arise, preferably by email.
2. A complaint must be described clearly and in sufficient detail to enable Pop-Up Surf Shop to assess the complaint. Additional information (such as photographs) may be requested where necessary.
3. Pop-Up Surf Shop shall provide a substantive response within fourteen (14) days after receipt of the complaint. Where a complaint requires a foreseeably longer processing time, the Buyer shall receive a response within fourteen (14) days indicating when a definitive response can be expected.
4. The parties shall endeavour to resolve the complaint by mutual consultation.
5. The submission of a complaint shall not suspend the Buyer’s obligations, unless and insofar as permitted by law.
Article 21 – Governing Law and Disputes
1. These Terms of Service and all Agreements between Pop-Up Surf Shop and the Buyer shall be governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
2. In the event of differences in interpretation or interpretation disputes, the Dutch text of these Terms of Service shall always prevail.
3. Pop-Up Surf Shop is entitled to amend these Terms of Service unilaterally. Amended Terms of Service shall enter into force at the time of publication on the website, unless stated otherwise. Amended Terms of Service shall apply exclusively to new Agreements.
4. Disputes between Pop-Up Surf Shop and a Buyer that cannot be resolved amicably shall be submitted to the competent court of The Hague District Court, unless mandatory law designates a different competent court.
5. Where the Buyer is a Consumer within the European Union, the Buyer may also make use of the European Online Dispute Resolution (ODR) platform via: https://ec.europa.eu/consumers/odr/ Use of this platform is not mandatory and does not limit either party’s right to submit a dispute to the competent court.
6. Translations of these Terms of Service and of other (product) information on the website are provided as a service only. In the event of any discrepancies, inconsistencies or differences in interpretation between a translation and the Dutch version, the Dutch text shall be exclusively legally binding.
Version: 20260331
Date: 31 March 2026