Mistral Red Dot Division B.V. Terms and Conditions of Sale

1. GENERAL

1.1 These Terms & Conditions apply to all agreements whereby Mistral Red Dot Division B.V. (“Mistral”) supplies goods to the Buyer.

1.2 Mistral Red Dot Division B.V. operates as a subsidiary of Mistral International B.V., owner of the Mistral trademark.

1.3 These Conditions prevail over any terms proposed by the Buyer unless agreed in writing.

1.4 No contract shall be binding until confirmed by Mistral in writing or by dispatch of goods.

1.5 These Conditions constitute the entire agreement.

2. DEFINITIONS

2.1 Goods: All products supplied by Mistral, including watersports equipment, apparel and accessories.

2.2 Contract: Any agreement between Mistral and Buyer.

3. PRICE AND PAYMENT

3.1 Prices valid at dispatch date.

3.2 Prices exclude VAT, duties, and transport costs.

3.3 Payment term: 30 days from invoice date unless otherwise agreed.

3.4 Late payments incur interest of 5% above ECB base rate.

3.5 Mistral may suspend deliveries if payments are overdue.

4. DELIVERY

4.1 Delivery dates are indicative and non-binding.

4.2 Partial deliveries allowed.

4.3 Quantity tolerance: ±5%.

4.4 Buyer must inspect goods upon delivery and report issues within agreed timelines.

5. RISK AND RETENTION OF TITLE

5.1 Risk transfers at delivery.

5.2 Ownership remains with Mistral until full payment is received.

5.3 Buyer must store goods separately, clearly marked, and insured.

5.4 Mistral may reclaim unpaid goods in case of default.

6. CANCELLATIONS AND RETURNS

6.1 Only with written approval of Mistral.

6.2 Buyer bears costs unless agreed otherwise.

6.3 Faulty goods may be repaired, replaced or credited at Mistral’s discretion.

7. WARRANTY AND LIABILITY

7.1 Warranty limited to repair or replacement of defective goods.

7.2 No liability for indirect or consequential damages.

7.3 Maximum liability equals invoice value.

7.4 Nothing excludes liability for death or personal injury caused by negligence.

8. INTELLECTUAL PROPERTY

8.1 All Mistral trademarks, logos and brand assets remain property of Mistral International B.V.

8.2 Buyer may only use branding with prior written approval.

8.3 Misuse may result in suspension or termination of supply.

9. DISTRIBUTION

9.1 Mistral reserves the right to refuse orders.

9.2 Buyer must maintain brand positioning aligned with Mistral’s premium image.

9.3 Buyer may only source Mistral goods via approved channels.

10. FORCE MAJEURE

10.1 No liability for delays or failure caused by events beyond reasonable control.

11. GOVERNING LAW

11.1 Dutch law applies.

11.2 Disputes subject to jurisdiction of Dutch courts.