Article 1. Definitions
In these conditions it is understood under:
- Rinelle: The sole proprietorship Rinelle, established Droogsestraat 9 at (6581 KH) Malden, e-mail: firstname.lastname@example.org.
- Buyer: The purchaser of goods or of services not being a costumer.
- Consumer: The purchaser of goods or costumer of services, being a natural person who does not act in the practice of a profession or Rinelle.
- Offer: Each offer of goods and/or services, including the applying conditions, done by Rinelle in catalogues, folders or otherwise.
- Price: The price of the offered goods or services as is stipulated, without additional costs, such as taxes and costs which will be mentioned separately.
- Return period: The period where the consumer can use his/her rights to return goods, free of charge.
- Sale at distance: The organized system Rinelle for sale or service at distance, where exclusively one or more techniques for communication at distance are being used till the end of the closing of the agreement.
- Disputes committee: The dispute committee Geschillencommissie Thuiswinkel,PO Box 90600, 2509 LP The Hague.
Article 2. Applicability
- Except as otherwise agreed between Rinelle and buyer in writing, the General Terms and Conditions shall be applicable to all offers and purchases of goods and services of Rinelle.
- General Terms and Conditions of costumer, if any, are hereby explicitly rejected and shall not apply.
- If buyer so requests, a copy of these General Terms and Conditions will be send to buyer free of charge.
- If Rinelle allows, for a short or a long period of time, whether or not implied, deviations from these conditions, it does not affect her right to demand immediate and strict compliance of these conditions. Consumers can never apply any rights on the fact that Rinelle applies flexible conditions.
- If one or more of the provisions of these conditions or any other agreement with Rinelle conflicts with any applicable law or legal provision, the conflicting part of these conditions will be replaced by a new law permissible, comparable provision.
Article 3. Realization of agreements
- All offers from Rinelle are without engagement.
- An agreement is only realized after acceptance of your order by Rinelle. Rinelle is entitled to refuse orders or apply certain conditions to delivery, unless expressly provided otherwise. If an order is not accepted, Rinelle will motivate this within ten working days after receipt of order.
- In the application of a return period, that consumer’s appeal to his/her rights to return goods and/or services applies as a dissolving condition.
- 4. In case the buyer paid in advance and the agreement to which that payment advanced will not be realized or dissolves in accordance with paragraph 3, this payment will be refunded within thirty days.
Article 4. Prices and payment
- After agreement, the prices of goods and/or services will not be increased, unless prices are influenced by price changes resulting from changes in tax rates, laws or statutory provisions. Unlike the previous given sentence, it is possible that, if the nature of the offered this entails, prices are variable. In this case the fact that prices are variable will be listed.
- In case of an increase of prices consumer will be entitled to dissolve the agreement.
- Besides (the duration of) agreements Rinelle expressly reserves the right to change prices, particularly when changes are based on, or necessary to meet, legal requirements.
- Product prices and/or services are displayed in Euros, excluding BTW and excluding shipping, taxes or other charges unless otherwise specified or agreed in writing.
- Unless otherwise agreed in writing, buyer will pay by pre-payment of the entire amount in the account of Rinelle or by paying in cash on delivery (COD payment). Payment must be made without discount or compensation.
- Invoices must be paid within 14 days after invoice date, unless otherwise agreed upon.
- In case of bankruptcy, receivership or forced administration of buyer, claims of Rinelle against buyer and the obligations of the buyer against Rinelle all are due immediately.
- All payments are deducted as followed: in the first place to cover costs, then to the payment of interest and finally to the payment of principal and accrued interest. Rinelle is entitled, without thereby failure, to refuse an offer of payment if the buyer assigns a different sequence of attribution. Rinelle is entitled to refuse full repayment of the principal outstanding (sum of money), if this does not include (accrued) interest and costs.
Article 5. Collection charges and failure to pay
- If the buyer fails to fulfill his payment obligation within the prescribed period, this failure will count as a negligent omission as of right without necessity of formal notice, as of the day the payment period has expired. Also, buyer are due contractual interest on the outstanding amount at the rate of 1.5% per calendar month as of that date. Part of a month hereby counts as a full month.
- All costs, both judicial and extrajudicial, shall be borne by buyer. If the buyer fails to fulfill his/her (payment) obligations, the buyer is due compensation of all costs that Rinelle makes in order to obtain payment out of court, hereinafter referred to as ‚recovery costs‘. These recovery costs are set at least 15% of the principal outstanding with a minimum of € 37,00. Among the recovery costs are the costs for sending reminders and warnings, the investigation of an amicable settlement, consulting with buyers, examining the recoverability of claims and all other costs, which are made to obtain payment from the buyer. These costs are separate from the payment of other costs as bailiff fees, court fees, agents, lawyers or attorney salaries, decided in a judge’s ruling.
Article 6. Shipping and Delivery
- Unless otherwise agreed, Rinelle delivers at the delivery address given to Rinelle. The buyer is obligated to receive all purchased goods at the moment on which these will be made available to him/her by Rinelle.
- If the buyer refuses to purchase or fails to provide all information or instructions necessary for the delivery, the delivered items will be stored at the risk and expense of the buyer. In such cases the buyer will be due all additional costs.
- If information is needed in the context of the implementation of the agreement, the term of delivery starts from the moment the buyer provides all needed information to Rinelle.
- Stocked products normally will be sent within 7 days. Rinelle will try to process and complete accepted orders without delay but at least within a 30 days run. The buyer is entitled to cancel his/her order free of charge if delivery is delayed beyond 7 days (because a product is (temporarily) out of stock or if an order is not or only partially implemented). If Rinelle already received payment for that (part of the) order, this payment will be refunded within 30 days of cancelation.
- Given delivery terms are indicative. A delivery term therefore will never be regarded as a deadline. Depending on the supply situation on the market Rinelle reserves the right to suspend delivery.
Article 7. Return period and other consumer rights
- Agreements offer a view period of 7 working days starting the day after receipt by or on behalf of the consumer, unless otherwise agreed upon. Therefore sale will be completed and is final when 7 working days after acceptance of the goods have passed.
- If delivered goods are not in accordance with the agreement, the consumer is obliged to report any defects or faulty goods to Rinelle within the term stated in article 7.1. The consumer is obliged to inspect the goods for defects or flaws immediately after acceptance.
- During the aforementioned return period, consumers have the right to return the received goods, without any obligations on their part, other than remuneration of the direct costs of returning the goods. In cases where (also) services are offered, this right to return means a cooling off period, for which the provisions in these conditions on the return period fully apply.
- Limitations or exclusions of the return period – due to the specific nature of the goods or services – will clearly be stated in the offer.
- The consumer may invoke his/her right to return only by declaring Rinelle his/her intention to do so in writing or by e-mail within a period of 7 working days after receipt by or on behalf of the consumer.
- If the consumer invokes his/her right to return any already received payments will be refunded by Rinelle within 30 days.
- The consumer can only effectively invoke his/her right to return when the goods are returned complete, undamaged, unused and in original packaging. Consumers are obliged to return aforementioned goods within 7 days after invoking his/her right to return these delivered goods. All costs of returning goods are borne by consumer.
Article 8. Reservation of ownership
- Rinelle reserves ownership of all products until the buyer has fulfilled all of his/her due payment obligations under any agreement with Rinelle. All risks regarding products are for account of buyer as of the time of delivery.
- A purchaser who also acts as a seller, is entitled to sell all products which are subject to the property reservation of Rinelle as far as the sale is made within the normal exercise of buyers company. If buyer forms a new matter out of products that are subjected to Rinelle’s ownership, buyer forms that matter only for Rinelle and buyer keeps the new formed matter for Rinelle until buyer has satisfied all amounts chargeable on account of the agreement; In case of new formed matter Rinelle as an owner has all rights regarding the new formed matter up to the moment of complete satisfaction by the buyer.
- Rights are always granted and/or are transferred to the buyer under the condition that the buyer pays for all the agreed compensations on time and fully.
- Within the boundaries of the agreement Rinelle can retain all matter, products, property rights, data, documents, databases and (sub)results of the service provided by Rinelle, in spite of an existing obligation of delivery, until buyer has paid all amounts to Rinelle.
- Buyer has no permission to establish restricted rights to products which have been subjected to the property reservation of Rinelle. If third parties wish to establish (restricted) rights on to any of these products, the buyer will inform Rinelle immediately.
- The buyer must treat all products subjected to the property reservation of Rinelle as a careful debtor.
Article 9. Force majeure
- Rinelle shall not be liable to the buyer under the terms of this agreement or otherwise if Rinelle’s breach of its contractual and/or other obligations to the buyer are due in whole or in part to interruption and delay by reason of matters beyond its control (including but not limited to) acts of God, acts of any government, war, other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute and/or inability to obtain essential supplies and the like.
- Without prejudice to Rinelle’s other rights, Rinelle is entitled, at Rinelle’s option, to suspend the execution of your order or to terminate the contract without judicial intervention by formal writing to parts and without any obligation to compensate for any damages or to redress for damages to tangible property, unless this would be unacceptable in standards of reasonableness and fairness or under the given circumstances.
Article 10. Warranty
- Anything in this article about the warranty of products shall be determined and subjected by the rights and claims that law grants to buyers.
- If the delivered goods do not meet our guarantees and there is no gross negligence on the part of buyer Rinelle will replace the delivered goods by new equivalent products or ensure recovery. In case of replacement buyer commits to return (ownership of) the superseded good/product to Rinelle.
- Aforementioned warranty does not apply when the defect is caused by or is a result of injudicious or improper use or when, without the written consent of Rinelle, buyer or third-party modifications have been made to the goods, or the goods have been applied for purposes for which these goods are not intended.
- The warranty (period) on products and electrical appliances is at all times limited to the manufacturer’s warranty (period) on those electrical products or devices.
Article 11. Liability
- Products provided by Rinelle, amongst which, yet not exclusive storage boxes for (milk) cogs, are not suitable for children under 3 years old.
- Rinelle accepts no liability for either direct or indirect damage(s) caused or created by the use of products sold by Rinelle.
- In case the goods/product does not correspond with the agreement and this non-conformity is a defect in the meaning of the Dutch products regulation, Rinelle will not be liable for consequential damages.
- Rinelle is not liable for misunderstandings, mutilations, delays, flaws or wrong transmission of orders or messages related to the use of Internet or other communication between buyer and Rinelle or between Rinelle and others, insofar as it relates to the relationship between buyer and Rinelle, except to the extent of bad intent or gross negligence of Rinelle.
Article 12. Dispute settlement
- It is possible that you are not satisfied with a product and/or a service we provide. Please get back to us, preferably by e-mail: email@example.com. We will respond to your complaint within 30 days.
- In case we cannot agree on an amicable settlement, you can – by paying 25 Euros complaint money – put your complaint to the Dispute Thuiswinkel,PO Box90600, 2509 LP Den Haag. For further information about this dispute committee see http://www.sgc.nl. This independent committee shall rule on the dispute. The decision of the committee is binding. If the dispute rules (partly) in your favor, then the complaint money (in part) will be refunded.
- The above is without prejudice to the right to put a dispute to the competent court.
- Disputes between consumer and Rinelle on the creation or implementation of agreements, on this Rinelle or by this Rinelle provided goods and services, may, subjected to the conditions described below, be put (by both consumer and Rinelle) to the dispute committee ‘Geschillencommissie Thuiswinkel’.
- A dispute put to the dispute committee will only be considered if the consumer notified the Rinelle about his/her complaint within a qualified term first.
- Within 3 months after the complaint was referred to the Rinelle, the dispute can be put to the dispute committee in writing.
- If the consumer wants to put a dispute to the dispute committee, Rinelle will be tied to his/her choice. If Rinelle wants to do so, Rinelle will first notify the consumer. The consumer will notify Rinelle within 5 weeks after receiving Rinelle’s written request, whether consumer also desires to do so, or whether the consumer wishes to put the dispute to the competent court. In case Rinelle does not receive consumer’s answer within the period of 5 weeks, Rinelle is entitled to submit the dispute to the competent court.
- The dispute committee shall rule under the given conditions as defined in the rules of the dispute (‘het reglement van de Geschillencommissie’). The disputes will rule by way of binding advice.
Article 13. Applicable law and jurisdiction
- All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, only Dutch law applies.
- All disputes – including those, which are considered as such by only one of the parties – which arise as a result of an agreement to which these General Terms and Conditions, entirely or partially, apply or as a result of other agreements which are consequences of such agreements, will be settled by the competent judge in the place of business of Rinelle, unless a binding legislative provision resist against this clause. This leaves unimpeded that Rinelle and buyer can agree to settle the dispute by means of independent arbitration.
Article 14. Final Provisions
- Aforementioned conditions are translated from the “Algemene Voorwaarden” used by Rinelle originating from the Dutch language. In case of conflict or obscurity concerning the contents of stipulations incorporated in these General Terms and Conditions the contents of the Dutch version will apply according to Dutch laws.