Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
- Reflection period : the period within which the consumer can make use of can exercise his right of withdrawal;
- Consumer : the natural person who does not act in the exercising a profession or business and entering into a distance contract with the entrepreneur;
- Day : calendar day;
- Duration transaction : a distance contract with relating to a range of products and/or services, the delivery and/or purchase obligation is spread over time;
- Durable medium : any instrument which the consumer or enables the entrepreneur to provide information that is personal to him targeted, to be stored in a manner that facilitates future consultation and enables unaltered reproduction of the stored information.
- Right of withdrawal : the possibility for the consumer to to cancel the distance contract within the cooling-off period;
- Model form : the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wishes to exercise his right of withdrawal.
- Entrepreneur : the natural or legal person who produces products and/or offers remote services to consumers;
- Distance contract : a contract whereby in the within the framework of a system organized by the entrepreneur for sales on distance from products and/or services, up to and including the closing of the agreement only one or more techniques are used for remote communication;
- Remote communication technology : a means that can are used to conclude an agreement, without consumer and entrepreneur have come together in the same room at the same time.
- General Terms and Conditions : these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Rosuz;
Simon stevinweg 20, Arnhem; (pick up only)
Phone number:
+31 (0) 85 130 49 66 available Monday to Saturday from 10:00 to 18:00
Email address:
info@rosuz.nl
Chamber of Commerce number: 80112374
VAT identification number:
NL861558388B01
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and on every distance contract concluded and orders between entrepreneur and consumer.
- Before the distance contract is concluded, the text of this general terms and conditions made available to the consumer. If this is not reasonably possible, before the distance contract is closed, it is indicated that the general terms and conditions apply to the entrepreneur can be viewed and they can be returned to the consumer as soon as possible at the consumer's request may be sent free of charge.
- If the distance contract is concluded electronically, deviation from the previous paragraph and before the distance contract is concluded closed, the text of these general terms and conditions electronically be made available to the consumer in such a way that can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where of the general terms and conditions can be viewed electronically taken note of and that they have been sent electronically at the consumer's request will be sent free of charge by road or otherwise.
- In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraph shall apply accordingly and the consumer may, in the event always invoke conflicting general terms and conditions applicable provision that is most favorable to him.
- If one or more provisions in these general terms and conditions apply in any way moment are wholly or partially null and void or are annulled, then the agreement and these conditions will otherwise remain in force and will the provision in question shall be replaced without delay by mutual agreement a provision that the purport of the original is as much as possible approached.
- Situations that are not covered by these general terms and conditions must be will be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, shall be interpreted 'in the spirit' of these general terms and conditions
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions If this occurs, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to make the offer change and adjust.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficient detailed to allow a good assessment of the offer by the consumer to make possible. If the entrepreneur uses images, this is a true representation of the products offered and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
-
Each offer contains such information that it is clear to the consumer
what the rights and obligations are that are attached to the acceptance of the
offer are connected. This concerns in the
special;
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the agreement shall come into effect status at the time the consumer accepts the offer and meeting the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt electronically of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible approach of the distance contract. If the entrepreneur, on the basis of this research has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to comply with the to attach special conditions to the implementation.
-
The entrepreneur will provide the consumer with the following when delivering the product or service:
information, in writing or in such a way that it can be used by the consumer
can be stored in an accessible manner on a sustainable basis
data carrier, please send:
- In the case of a long-term transaction, the provision in the previous paragraph only applies applicable to the first delivery.
- Each agreement is entered into subject to the conditions precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This reflection period commences on the day after the product has been received by the consumer or a person designated in advance by the consumer and provided to the entrepreneur announced representative.
- During the cooling-off period, the consumer will handle the product with care and the packaging. He will only unpack the product to the extent use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal makes, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the return the entrepreneur, in accordance with the reasonable conditions provided by the entrepreneur and clear instructions.
- If the consumer wishes to exercise his right of withdrawal, he must make this known within 14 days of receiving the product to make to the entrepreneur. The consumer must make this known by means of the model form. After the consumer has indicated If the customer wishes to exercise his right of withdrawal, he must product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of of proof of shipment.
- If the customer does not pay after the expiry of the periods mentioned in paragraphs 2 and 3, has indicated that he wishes to exercise his right of withdrawal If the consumer has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
- When delivering services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
- To exercise his right of withdrawal, the consumer must to the extent indicated by the entrepreneur in the offer and/or at the latest at the delivery provided with reasonable and clear instructions in this regard.
Article 7 - Costs in case of revocation
- If the consumer exercises his right of withdrawal, the following applies: at his expense the costs of return.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation, refund. The condition here is that the product has already been has been received back by the online retailer or conclusive proof of complete return can be discussed. Refund will be made via the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
- In case of damage to the product due to careless handling by the The consumer himself is liable for any depreciation of the product.
- The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not complied with all legally required information about the right of withdrawal has been provided, this must be done before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the The right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in good time before the conclusion of the agreement, mentioned.
-
Exclusion of the right of withdrawal is only possible for
products:
-
Exclusion of the right of withdrawal is only possible for services:
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except price changes due to changes in VAT rates.
- By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices offer. This bonding to fluctuations and the fact that any The prices stated are indicative prices and will be stated with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions
-
Price increases from 3 months after the conclusion of the agreement
are only permitted if the entrepreneur has stipulated this and:
- The prices stated in the offer of products or services include btw.
- All prices are subject to printing and typographical errors. For the No liability is accepted for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to return the product to be delivered at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur 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 date of the formation of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur is also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does without prejudice to the statutory rights and claims that the consumer has on can assert against the entrepreneur on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported within 4 weeks must be reported to the entrepreneur in writing after delivery. Return of the products must be in the original packaging and in in mint condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
Article 11 - Delivery and execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer provides to the company. has made known
- Taking into account what is stated in paragraph 4 of this Article, the company will process accepted orders with due speed but within 30 days at the latest, unless the consumer has agreed with a longer delivery time. If the delivery is delayed experiences, or if an order cannot be fulfilled or can only be fulfilled partially, are carried out, the consumer will receive this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. Any stated terms may be subject to change. the consumer does not derive any rights. Exceeding a term gives the consumer is not entitled to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation, refund.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item At the latest upon delivery, this will be done in a clear and understandable manner. manner, be notified that a replacement item will be delivered. In the event replacement items the right of withdrawal cannot be excluded. The The costs of any return shipment will be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a prior designated representative made known to the entrepreneur, unless unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Cancellation
- The consumer can terminate an agreement that has been entered into for an indefinite period and which aims at the regular delivery of products (electricity including) or services, cancel at any time, taking into account of agreed termination rules and a notice period of at least maximum one month.
- The consumer can terminate an agreement that has been entered into for a fixed period and which aims at the regular delivery of products (electricity including) or services, at any time by the end of the terminate for a certain period, taking into account the agreed terms termination rules and a notice period of no more than one month.
-
The consumer may terminate the agreements referred to in the previous paragraphs:
Extension
- An agreement entered into for a fixed period of time and intended to regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain duration.
- By way of exception to the previous paragraph, an agreement that applies to certain time has been entered into and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a specific period of up to three months, if the consumer extended agreement can be terminated at the end of the extension with a notice period of no more than one month.
- An agreement entered into for a fixed period of time and intended to regular delivery of products or services may only be done tacitly be extended indefinitely if the consumer may at any time cancel with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
- A limited term agreement for regular introductory meetings delivering daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer after one year the agreement at any time with a notice period of a maximum of one month's notice, unless reasonableness and fairness object to termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the consumer must amounts due must be paid within 7 working days after commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the event of a agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in information provided or stated to report payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to make the consumer aware of the to charge reasonable costs incurred.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted within 7 days be submitted to the entrepreneur in full and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be handled within a period of 14 days from the date of receipt. If a complaint is a foreseeably longer processing time, is determined by the entrepreneur responded within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer to expect.
- If the complaint cannot be resolved by mutual agreement, a dispute that is subject to the dispute resolution procedure.
- In case of complaints, a consumer must first contact the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer to contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not found, the consumer the opportunity to have his complaint handled by the WebwinkelKeur Foundation appointed independent disputes committee, the The decision herein is binding and both the entrepreneur and the consumer agree with this binding decision. To submit a dispute to this Dispute committee charges fees that are paid by the consumer must be submitted to the relevant committee. It is also possible to to file complaints via the European ODR platform ( https://ec.europa.eu/consumers/odr ).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur at its discretion or replace the delivered products free of charge or repair.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which this general terms and conditions are exclusively governed by Dutch law applicable. Even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
- Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be made in writing are recorded or in such a way that they can be used by the consumer can be stored in an accessible manner in a sustainable manner data carrier.
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