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Table of Contents General Terms and Conditions:
Article 1: DEFINITIONS
Article 2: APPLICABILITY
Article 3: PURCHASE AGREEMENT
Article 4: RIGHT OF WITHDRAWAL
Article 5: DISSOLUTION
Article 6: PRICE
Article 7: PAYMENT
Article 8: DELIVERY
Article 9: WARRANTY
Article 10: DURATION AGREEMENT
Article 11: COMPLAINTS & DISPUTES
Article 12: INTELLECTUAL PROPERTY
Article 13: CHANGE OF GENERAL TERMS AND CONDITIONS
Article 1 – DEFINITIONS
The following terms have the following meanings in these general terms and conditions:
Entrepreneur – the natural or legal person acting in the context of his trade, business, craft or professional activity, with the following identity:
RelaxRijk
Postal address: Delftsestraatweg 162 2645 AC Delfgauw
Email address: relaxrijkco@gmail.com
Phone number: +31 6 57094637
+31 6 57094637 ( Dani Mahradjsing )
+31 6 450 58 600 (Thom van Os)
Consumer – the buyer who acts for purposes outside his trade, business or profession
Parties – the entrepreneur and the consumer
Offer – the products that the entrepreneur offers for sale to the consumer
Purchase – the product that is purchased by the consumer from the entrepreneur through the purchase agreement
Reflection period – the period within which the consumer has the right of withdrawal
Day – calendar day
Duration agreement – purchase agreement in which the same performance is delivered for a longer period
Right of withdrawal – the right for the consumer to cancel the purchase within the cooling-off period
Purchase agreement – the conclusion of an agreement in which the entrepreneur undertakes to give an item and the consumer undertakes to pay a purchase price for this item
Distance purchasing - a purchase agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance sales or services without the simultaneous personal presence of the entrepreneur and the consumer and where only one or more means are used for remote communication
Article 2 – APPLICABILITY
2.1. These general terms and conditions apply to all distance purchase agreements concluded between the entrepreneur and the consumer.
2.2. Before concluding the purchase agreement, the general terms and conditions are made available to the consumer in such a way that they can be saved by the consumer.
2.3. Furthermore, if additional or different conditions apply to the purchase agreement, these will be provided to the consumer in the same manner.
2.4. In the event of conflicting additional or deviating conditions, the most favorable conditions for the consumer apply.
Article 3 – PURCHASE AGREEMENT
3.1. The distance purchase agreement is concluded by the entrepreneur's offer and acceptance of this offer by the consumer.
3.2. The offer is described completely and truthfully by the entrepreneur, including the associated conditions.
3.3. The entrepreneur informs the consumer of his rights and obligations associated with acceptance of the offer.
3.4. The entrepreneur states clearly and legibly in the offer, and at the latest at the beginning of the ordering process, whether there are any restrictions on delivery and which payment methods are accepted.
3.5. When concluding the agreement, the entrepreneur provides the consumer with the following information in a clear and understandable manner:
- a) the identity, postal address and visiting address, telephone number and e-mail address of the entrepreneur;
- b) the main features of the purchase;
- c) the price of the purchase including all taxes and any delivery costs;
- d) the method of payment, delivery and execution, and the associated terms and possible costs;
- e) the entrepreneur's complaint handling policy;
- f) if the consumer has a right of withdrawal, the conditions, term and modalities for the exercise of that right, where applicable, the method of returning the purchase, and, where applicable, the reimbursement of costs, as well as the model form for cancellation;
- g) if the consumer does not have a right of withdrawal, the information that the consumer does not have a right of withdrawal or, where applicable, the circumstances in which the consumer waives his right of withdrawal;
- h) a reminder of the existence of the legal guarantee that the purchase must comply with the agreement, and any assistance provided to the consumer after purchase;
- i) where applicable, the duration and termination conditions of the agreement;
- j) where applicable, the existence of and the conditions for financial guarantees that the consumer must provide at the request of the entrepreneur.
- If the agreement was concluded at a public auction, the information referred to in paragraph 5(a) is met by providing the corresponding information from the auctioneer.
Article 4 – RIGHT OF WITHDRAWAL
4.1. The consumer has a reflection period of 14 days from the conclusion of the agreement to withdraw from the agreement without giving reasons.
4.2. The reflection period starts on the day after the consumer has received the product.
4.3. If the purchase consists of multiple products, the reflection period starts on the day after the consumer has received the last product.
4.4. If the product is delivered in multiple shipments, the reflection period starts on the day after the consumer has received the last shipment.
4.5. if there is a continuing performance agreement, the cooling-off period starts on the day after the consumer has received the first product.
4.6. The above remains unaffected if the product is received by a third party designated by the consumer.
4.7. If there is an agreement for the supply of water, gas or electricity, which are not prepared for sale in a limited volume or in a certain quantity, or for district heating, the cooling-off period starts on the day after the agreement is concluded.
4.8. For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur, or another unambiguous statement to the entrepreneur.
4.9. If the requirements set out in Article 3, paragraph 5, under f are not met, the reflection period referred to in paragraph 1 of this article will be extended by the time that has elapsed from the time at which the reflection period commenced until the moment at which all missing data is still available. have been provided to the consumer in the prescribed manner, with a maximum extension of 12 months.
4.10. The right of withdrawal does not apply in the following cases, provided that the entrepreneur has clearly stated to the consumer prior to concluding the agreement that the right of withdrawal is excluded:
- a) agreements where the purchase price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the termination period;
- b) agreements concluded at public auction;
- c) agreements where the consumer has specifically requested the entrepreneur to visit him to carry out urgent repairs or maintenance, unless:
- it concerns additional services that the consumer has not expressly requested;
- it concerns the delivery of items other than those necessary to carry out maintenance or repair;
- d) contracts for the supply of products manufactured on the basis of the consumer's choice or clearly intended for the specific consumer;
- e) agreements for the supply of products that spoil quickly or have a limited shelf life;
- f) agreements for the supply of products that cannot be returned for reasons of health or hygiene protection and of which the seal has been broken after delivery;
- g) agreements for the delivery of products that are irrevocably mixed with other goods after delivery due to their nature;
- h) agreements for the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but of which:
- delivery can only take place after 30 days, and;
- the actual value depends on market fluctuations over which the entrepreneur has no influence;
- i) agreements for the supply of audio recordings, video recordings and computer software of which the seal has been broken after delivery;
- j) agreements for the supply of newspapers, periodicals or magazines, with the exception of an agreement for regular delivery of such publications.
Article 5 - DISSOLUTION
5.1. If the consumer has a right of withdrawal, exercises this right within the cooling-off period, and has informed the entrepreneur about this using the model form for dissolution provided by the entrepreneur, or another unambiguous statement to that effect, the agreement between the parties will be dissolved.
5.2. By dissolving the purchase agreement, all additional agreements will be dissolved by operation of law.
5.3. After dissolution, the entrepreneur will immediately, but within 14 days after receipt of the information referred to in paragraph 1 of this article, reimburse all payments received from the consumer, including delivery costs in proportion to the part of the agreement that is dissolved, in the same payment method as used by the consumer to pay for the purchase, unless the consumer has expressly agreed to another free payment method.
5.4. If, when concluding the agreement, the consumer has opted for a different delivery than the cheapest delivery chosen by the entrepreneur, the entrepreneur is not obliged to reimburse the additional costs for this delivery method.
5.5. If the purchase has already been delivered or has been sent for delivery, the consumer shall immediately return the purchase in good condition or hand it over to the entrepreneur or a person designated by the entrepreneur, unless it must be collected by the entrepreneur based on the nature of the purchase.
5.6. Unless it has been agreed that the entrepreneur will collect the purchase, the consumer can only claim fulfillment of the refund referred to in the previous paragraph when the entrepreneur has received the purchase or the consumer provides proof of return of the purchase to the entrepreneur.
5.7. The costs for returning the purchase will be borne by the consumer unless the entrepreneur has failed to inform the consumer that these costs will be borne by him.
5.8. The consumer is only liable for depreciation of the purchase if he has used the purchase more or differently than necessary to determine the nature, characteristics and operation of the purchase. The consumer is not liable for depreciation if the entrepreneur has not provided the information in accordance with Article 3, paragraph 5, under f.
5.9. If the consumer withdraws from the agreement after he has expressly requested the execution of the agreement for the supply of water, gas or electricity, which are not prepared for sale in a limited volume or in a certain quantity, or for district heating, the consumer is the entrepreneur owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of exercising the right of withdrawal. The proportionate amount that the consumer must pay to the entrepreneur is calculated on the basis of the total price as set out in the agreement, insofar as the total price is not excessive. If the total is excessive, the proportionate amount will be calculated based on the market value of the part of the agreement that has been executed.
5.10. The consumer will not bear any costs for the supply of water, gas or electricity, which are not prepared for sale in a limited volume or in a certain quantity, or for district heating, which is provided in whole or in part during the withdrawal period, if:
- The entrepreneur has failed to provide the information in accordance with Article 3, paragraph 5, under f or g, or;
- The consumer has not expressly requested the above-mentioned delivery during the cancellation period.
5.11. The consumer is not liable and does not owe any costs by exercising his right of withdrawal, without prejudice to the provisions of paragraph 8 and Article 5, paragraph 4.
Article 6 – PRICE
6.1. During the period of validity stated 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.
6.2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer
6.3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
6.4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
6.5. The prices stated in the offer of products or services include VAT.
6.7. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 7 – PAYMENT
7.1. When entering into the agreement, the entrepreneur is entitled to require a down payment from the consumer of a maximum of 50% of the purchase price.
7.2. Until the deposit has been paid by the consumer, the consumer cannot assert any rights with regard to the execution of the agreement.
7.3. The part of the payment that takes place afterwards must be paid by the consumer within 14 days after the start of the reflection period, or if no reflection period applies, after the conclusion of the agreement.
7.4. If the consumer does not comply with his payment obligation or does not do so on time, whereby the payment terms are strict deadlines, the consumer is legally in default. In the event that the consumer still does not make the payment after another 14 days to complete the payment, the consumer owes statutory interest on the outstanding amount and the entrepreneur can charge the extrajudicial collection costs incurred by him. to take.
7.5. The entrepreneur can only deviate from the legally determined amount of statutory interest and collection costs on the outstanding payment to the consumer's advantage.
Article 8 – DELIVERY
8.1. The entrepreneur is responsible for delivering the purchase in a careful manner, to the location that the consumer has indicated as the delivery address.
8.2. The risk associated with delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.
8.3. The consumer must ensure that delivery can take place on time.
8.4. Delivery takes place without delay, but within 30 days after concluding the agreement, unless a different delivery time has been agreed and/or stated in the offer.
8.5. If the agreed delivery time is exceeded, the consumer is entitled to terminate the agreement without costs.
8.6. In the event that there is dissolution in accordance with the previous paragraph, and the purchase price has already been paid in full or in part by the consumer, the entrepreneur will immediately refund the amount paid.
Article 9 – WARRANTY
9.1. The entrepreneur ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use.
9.2. Any seller's or manufacturer's warranty provided by the entrepreneur to the consumer does not affect the scope of the legal warranty.
9.3. The above guarantees do not apply in the event of normal wear and tear or damage caused by culpable improper use or negligence in the maintenance of the purchase by the consumer.
Article 10 – DURATION AGREEMENT
10.1. The consumer can terminate a continuing performance contract of indefinite duration for the delivery of the same type of performance for a longer period at any time, taking into account the cancellation rules.
10.2. The consumer can cancel a continuing performance agreement of a fixed duration for the delivery of the same type of service for a longer period at the end of the agreement, taking into account the cancellation rules.
10.3. The notice period for the above-mentioned continuing performance agreements is a maximum of 1 month, and the same period as applies to the entrepreneur.
10.4. The consumer can terminate continuing performance agreements in any case in the same manner as the manner in which he entered into the agreement, without being bound by a specific time for termination.
10.5. A continuing performance agreement of a fixed duration, except for agreements regarding the regular delivery of daily, news and weekly newspapers and magazines, may not be tacitly extended or renewed in an agreement of a fixed or indefinite duration, unless the consumer has the authority to terminate the continued agreement. to cancel at any time with a notice period of no more than 1 month.
10.6. A continuing performance agreement for the supply of daily, news and weekly newspapers and magazines may be tacitly extended or renewed in an agreement for a fixed period, but for a maximum of three months, provided that the consumer cancels the extended agreement at the end of the extension or renewal. can cancel with a notice period of no more than 1 month.
10.7. A continuing performance agreement for the supply of daily, news and weekly newspapers and magazines may be tacitly extended or renewed in an agreement for an indefinite period, provided that the consumer can terminate the extended agreement at any time with a notice period of no more than 1 month. or in the event that delivery takes place less than once a month, with a notice period of no more than 3 months.
10.8. The provisions of paragraphs 6 and 7 do not apply if the continuing performance agreement has been concluded for the purpose of getting acquainted.
Article 11 – COMPLAINTS AND DISPUTES
11.1. Dutch law applies to every agreement between the parties.
11.2. The entrepreneur has a complaints handling procedure that is accessible to the consumer.
11.3. If the consumer has a complaint, this complaint must be communicated to the entrepreneur immediately and clearly described.
11.4. The entrepreneur responds to complaints within 14 days.
11.5. In the case of an unresolvable complaint, it can also be submitted to the competent court.
11.6. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the other provisions will remain in full force.
11.7. Relax Rijk cannot be held liable in any way if any events occur in connection with this. the product with regard to injuries and other bodily harm.
11.8. Relax Rijk cannot be held liable in any way if the product is not delivered or if the product is disappointing, you as a customer will not be entitled to a refund of your money.
Article 12 – INTELLECTUAL PROPERTY
12.1. Relax Rijk retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
12.2. The customer may not copy, show and/or make available to third parties or use in any other way the aforementioned intellectual property rights without prior written permission from Relax Rijk.
Article 13 – CHANGE OF GENERAL TERMS AND CONDITIONS
13.1. Relax Rijk is entitled to change or supplement these general terms and conditions.
13.2. Changes of minor importance can be made at any time.
13.3. Relax Rijk will discuss major substantive changes with the customer in advance as much as possible.
13.4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
Created on: April 2, 2024
Last modified: April 24, 2024