General Terms and Conditions
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for the remote sale of products and/or services, where exclusive use is made of one or more means of remote communication up to and including the conclusion of the contract;
Means of remote communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same physical space simultaneously;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always rely on the most favorable applicable provision in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are null or void at any time, the agreement and these terms and conditions will remain valid for the rest, and the provision in question will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not regulated by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. RelboShop reserves the right to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If RelboShop uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement. Product images are a true representation of the offered products. RelboShop cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information for the consumer to be aware of the rights and obligations associated with the acceptance of the offer. This concerns, in particular:
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for remote communication if the cost of using the remote communication technology is calculated on a basis other than the regular base rate for the communication method used;
- whether the agreement will be archived after its conclusion and, if so, in what way it can be accessed by the consumer;
- the manner in which the consumer can check and, if desired, rectify the data provided by them before concluding the agreement;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the event of an ongoing transaction. Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
If the consumer has accepted the offer electronically, RelboShop will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by RelboShop, the consumer can dissolve the agreement.
If the agreement is concluded electronically, RelboShop will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, RelboShop will take appropriate security measures.
RelboShop may – within legal frameworks – obtain information about whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, RelboShop has good reasons not to enter into the agreement, RelboShop is entitled to refuse an order or request, or to attach special conditions to its execution.
RelboShop will include the following information with the product or service for the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- a. the visiting address of RelboShop's business location where the consumer can file complaints;
- b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- c. the information about warranties and existing after-sales services;
- d. the data included in Article 4 paragraph 3 of these conditions, unless RelboShop has already provided this information to the consumer before the execution of the agreement;
- e. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the ordered products.
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Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.