Terms of service
Terms and Conditions of RORUVERA B.V.
Contents
- Article 1 – Definitions
- Article 2 – Identity of the trader
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The contract
- Article 6 – Right of withdrawal
- Article 7 – Costs in the event of withdrawal
- Article 8 – Exclusions from the right of withdrawal
- Article 9 – The price
- Article 10 – Conformity and warranty
- Article 11 – Delivery and performance
- Article 12 – Continuing contracts: duration, termination and renewal
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or differing provisions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
2. Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader.
3. Day: a calendar day.
4. Continuing contract: a distance contract relating to a series of products and/or services for which the obligation to supply and/or receive them is spread over time.
5. Durable medium: any means enabling the consumer or trader to store information addressed personally to them in a way that permits future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
7. Model withdrawal form: the model form for withdrawal made available by the trader, which the consumer may complete when exercising their right of withdrawal.
8. Trader: the natural or legal person offering products and/or services to consumers at a distance.
9. Distance contract: a contract concluded under an organised distance-selling system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.
11. Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the trader
RORUVERA B.V.
Korenbloemweg 90
1338 XR Almere
The Netherlands
(Not a visiting address)
Telephone: +31 (0)85 – 799 04 03
Email: info@roruvera.com
Chamber of Commerce (KVK): 97653098
IBAN: NL25 ABNA 0146 2681 56
VAT number: NL868159888B01
Article 3 – Applicability
1. These Terms and Conditions apply to every offer made by the trader and every distance contract and order concluded between the trader and the consumer.
2. Before a distance contract is concluded, the consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, the trader will indicate before conclusion of the contract that the Terms and Conditions may be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.
3. Where a distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these Terms and Conditions may be made available electronically in a form that the consumer can easily save on a durable medium.
4. Where specific product or service terms also apply, the consumer may, in the event of conflicting provisions, rely on whichever provision is most favourable to them.
5. If one or more provisions of these Terms and Conditions are wholly or partly void or are annulled, the remaining provisions will remain in force. The affected provision will be replaced by a provision that reflects the intention of the original as closely as possible.
6. Situations not covered by these Terms and Conditions must be assessed in the spirit of these Terms and Conditions.
7. Any ambiguity concerning the interpretation or content of one or more provisions must likewise be interpreted in the spirit of these Terms and Conditions.
Article 4 – The offer
1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding; the trader is entitled to amend or withdraw it.
3. The offer contains a complete and accurate description of the products and/or services offered. Images are a faithful representation of the products or services. Obvious errors do not bind the trader.
4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.
5. Images faithfully represent the products offered, but the trader cannot guarantee that the colours displayed correspond exactly to the actual colours.
6. Each offer contains sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer, including:
– the price including taxes;
– any delivery charges;
– how the contract is concluded;
– whether the right of withdrawal applies;
– the methods of payment, delivery and performance;
– the period for accepting the offer;
– the amount of any communication charges;
– whether the contract will be archived;
– how information can be checked before concluding the contract;
– any other languages in which the contract may be concluded;
– codes of conduct and how they can be consulted;
– and the minimum duration of continuing contracts.
Article 5 – The contract
1. The contract is concluded when the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer accepts the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until that confirmation has been received, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure data transmission and ensure a secure online environment.
4. Within the limits of the law, the trader may assess whether the consumer can meet their payment obligations. If there are reasonable grounds not to supply, the trader may refuse an order, giving reasons, or attach special conditions to its performance.
5. The trader will provide the following information with the product or service, in writing or on a durable medium:
– the visiting address of the establishment where complaints can be submitted;
– the conditions for exercising the right of withdrawal;
– information about warranty and after-sales service;
– the information referred to in Article 4(3), unless already provided;
– the requirements for terminating contracts lasting more than one year.
6. In the case of a continuing contract, this requirement applies only to the first delivery.
7. Every contract is concluded subject to the condition that sufficient stock of the relevant products is available.
Article 6 – Right of withdrawal
For the supply of products:
1. When purchasing products, the consumer may withdraw from the contract without giving a reason within 30 days. This cooling-off period starts on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may unpack or use the product only to the extent necessary to determine whether they wish to keep it.
3. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the trader’s reasonable and clear instructions.
4. A consumer wishing to exercise the right of withdrawal must notify the trader within 30 days of receiving the product, using the model withdrawal form or another means of communication, such as email.
5. After notifying the trader of their intention to withdraw, the consumer must return the product within 14 days. The consumer must be able to demonstrate that the product was returned on time, for example by providing proof of postage.
6. If the consumer does not exercise their right of withdrawal or return the product within the periods referred to in paragraphs 4 and 5, the purchase becomes final.
For the supply of services:
1. For services, the consumer may withdraw from the contract without giving a reason for at least 14 days, starting on the date the contract is concluded.
2. To exercise the right of withdrawal, the consumer must follow the trader’s reasonable and clear instructions provided with the offer and/or no later than delivery.
Article 7 – Costs in the event of withdrawal
1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid an amount, the trader will refund it as soon as possible and no later than 14 days after withdrawal, provided that the trader has received the returned product or conclusive proof of its return. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another method.
3. If the product is damaged through careless handling by the consumer, the consumer is liable for any resulting reduction in value.
4. The consumer cannot be held liable for a reduction in the product’s value if the trader failed to provide all legally required information about the right of withdrawal before the contract was concluded.
Article 8 – Exclusions from the right of withdrawal
1. The trader may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3. An exclusion applies only if it was clearly stated in the offer, or at least in good time before the contract was concluded.
2. The right of withdrawal may be excluded only for products:
– made by the trader to the consumer’s specifications;
– that are clearly personal in nature;
– that cannot be returned because of their nature;
– that can deteriorate or expire rapidly;
– whose price depends on fluctuations in the financial market beyond the trader’s control;
– individual newspapers and magazines;
– audio or video recordings or computer software where the consumer has broken the seal;
– hygiene products where the seal has been broken.
3. The right of withdrawal may be excluded only for services:
– relating to accommodation, transport, catering or leisure activities to be provided on a specified date or during a specified period;
– whose performance began with the consumer’s express consent before the cooling-off period expired;
– relating to betting and lotteries.
Article 9 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices where those prices are linked to fluctuations in the financial market beyond the trader’s control. This link, and the fact that any stated prices are indicative, will be mentioned in the offer.
3. Price increases within three months of conclusion of the contract are permitted only if they result from statutory rules or provisions.
4. Price increases three months or more after conclusion of the contract are permitted only if the trader has stipulated this and:
– they result from statutory rules or provisions; or
– the consumer has the right to terminate the contract with effect from the date the price increase takes effect.
5. The prices stated in the offer include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors; in the event of an error, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may enforce against the trader.
3. All products are covered by the statutory warranty. The duration of this warranty may vary depending on the nature of the product.
4. Any defects or incorrectly supplied products must be reported to the trader in writing within two months of discovering the defect.
5. The warranty does not apply if:
– the consumer has repaired and/or altered the products themselves or had them repaired or altered by third parties;
– the products have been exposed to abnormal conditions, handled carelessly or used contrary to the trader’s instructions or those on the packaging;
– the defect results wholly or partly from government regulations concerning the nature or quality of the materials used.
6. Electrical and electronic products must not be disposed of with household waste. In Belgium, electrical and electronic appliances are subject to a Recupel contribution for the collection and recycling of discarded equipment. This contribution is included in the product price. Consumers can hand in their old electrical appliances free of charge at an authorised collection point or municipal recycling centre. Correct recycling allows valuable materials to be reused and helps protect the environment.
7. Under Belgian regulations on waste electrical and electronic equipment (WEEE), when a consumer purchases a new electrical or electronic appliance, the trader must take back a similar old appliance free of charge for recycling. The consumer may choose to send the old appliance to the trader or take it to an authorised collection point or recycling centre. This arrangement supports the proper processing and recycling of electrical and electronic equipment.
Article 11 – Delivery and performance
1. The trader will exercise the greatest possible care when receiving and fulfilling orders and when assessing requests for services.
2. The place of delivery is the address supplied to the trader by the consumer.
3. Subject to paragraph 4, the trader will fulfil accepted orders promptly and in any event within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer may terminate the contract free of charge, without entitlement to compensation.
4. The stated delivery periods are binding unless unforeseen circumstances arise. If delivery cannot take place within the stated period, the consumer will be informed in good time. The consumer may then accept a new delivery period or terminate the contract free of charge.
5. If the contract is terminated under paragraph 3, the trader will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the trader will endeavour to supply a replacement item. It will be made clear upon delivery that a replacement item is being supplied; the right of withdrawal remains applicable. In this case, the trader will bear the return costs.
7. The risk of damage to or loss of products remains with the trader until delivery to the consumer or their representative, unless expressly agreed otherwise.
Article 12 – Continuing contracts: duration, termination and renewal
Termination
1. The consumer may terminate a contract entered into for an indefinite period that provides for the regular supply of products or services at any time, subject to a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract that provides for the regular supply of products or services at the end of the agreed term, subject to a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
– at any time, without being restricted to a particular time or period;
– at least in the same manner in which the contract was concluded;
– always with the same notice period that the trader has stipulated for itself.
Renewal
1. A fixed-term contract for the regular supply of products or services may not be automatically renewed or extended for another fixed term.
2. By way of exception, a contract for daily newspapers, news publications or weekly newspapers may be automatically extended for a maximum of three months, provided the consumer can terminate the extended contract at the end of that period with no more than one month’s notice.
3. A fixed-term contract for the regular supply of products or services may be automatically extended for an indefinite period only if the consumer can terminate it at any time with no more than one month’s notice, or three months’ notice where the contract concerns printed publications supplied less frequently than monthly.
4. A trial or introductory subscription ends automatically when the trial period expires.
Duration
If a contract lasts for more than one year, the consumer may terminate it at any time after the first year with no more than one month’s notice, unless this would be contrary to reasonableness and fairness.
Article 13 – Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within seven (7) working days after the start of the cooling-off period referred to in Article 6(1). For a contract for the provision of services, this period begins after the consumer has received confirmation of the contract.
2. The consumer must immediately notify the trader of any inaccuracies in payment details provided or stated.
3. If the consumer fails to pay, the trader may, subject to statutory restrictions, charge reasonable costs that were communicated to the consumer in advance.
Article 14 – Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
2. Complaints about performance of the contract must be submitted to the trader within two months of the consumer discovering the defects, with a complete and clear description.
3. Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires more time to process, the consumer will receive an acknowledgement within 14 days, indicating when a more detailed response can be expected.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the dispute resolution procedure.
5. Consumers with complaints must first contact the trader. If the online shop is affiliated with WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer may contact WebwinkelKeur, which provides free mediation. The shop’s current membership can be checked at https://www.webwinkelkeur.nl/ledenlijst/. If the matter remains unresolved, the consumer may refer the complaint to WebwinkelKeur’s independent disputes committee. Its decision is binding, and both the trader and consumer agree to be bound by it. The consumer bears the costs of submitting a dispute to the committee.
6. A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.
7. If a complaint is found to be justified, the trader will, at its discretion, replace or repair the products supplied free of charge.
8. Consumers in Belgium may also submit a complaint to the Belgian Federal Consumer Ombudsman Service. Further information is available at https://consumentenombudsdienst.be.
Article 15 – Disputes
1. Contracts between the trader and consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, including where the consumer lives abroad.
2. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.
Article 16 – Additional or differing provisions
Additional provisions or provisions differing from these Terms and Conditions must not disadvantage the consumer and must be recorded in writing or in a manner that enables the consumer to store them in an accessible form on a durable medium.
