Terms of service
- RÊVEUSE ROTTERDAM: RÊVEUSE ROTTERDAM, located in Rotterdam under Chamber of Commerce no. 81852444
- Customer: the person with whom RÊVEUSE ROTTERDAM has entered into an agreement.
- Parties: RÊVEUSE ROTTERDAM and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
APPLICABILITY OF GENERAL CONDITIONS
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of RÊVEUSE ROTTERDAM.
- Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
- The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or of third parties.
- All prices charged by RÊVEUSE ROTTERDAM are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices that RÊVEUSE ROTTERDAM uses for its products or services, on its website or that are otherwise announced, can be changed by RÊVEUSE ROTTERDAM at any time.
- Increases in the cost prices of products or parts thereof, which RÊVEUSE ROTTERDAM could not foresee at the time the offer was made or the agreement was concluded, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
SAMPLES / MODELS
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond with the sample or model. .
DO NOT PAY FOR CONSEQUENCES IN TIME
- If the customer does not pay within the agreed term, RÊVEUSE ROTTERDAM is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he will also owe extrajudicial collection costs and any compensation to RÊVEUSE ROTTERDAM.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, RÊVEUSE ROTTERDAM may suspend its obligations until the customer has fulfilled his payment obligations.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of RÊVEUSE ROTTERDAM on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by RÊVEUSE ROTTERDAM, he is still obliged to pay the agreed price to RÊVEUSE ROTTERDAM.
RIGHT OF ADVERTISING
- As soon as the customer is in default, RÊVEUSE ROTTERDAM is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- RÊVEUSE ROTTERDAM invokes the right of complaint by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to RÊVEUSE ROTTERDAM, unless the parties make other agreements about this.
- The costs for returning or returning the products are for the account of RÊVEUSE ROTTERDAM.
RIGHT OF WITHDRAWAL
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been specially tailored or adapted for the consumer
- it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering order or form of leisure activity
- the product is not a separate magazine or customer
- it does not concern an (order for) urgent repair
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer receives the first product
- received with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org , if desired using the withdrawal form that can be found on the RÊVEUSE ROTTERDAM website, reveuserotterdam.nl , can be downloaded.
- The consumer is obliged to return the product to RÊVEUSE ROTTERDAM within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
- The costs for return will only be borne by RÊVEUSE ROTTERDAM if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, RÊVEUSE ROTTERDAM will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer has returned the product to RÊVEUSE ROTTERDAM on time.
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
- RÊVEUSE ROTTERDAM can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding accounts with regard to RÊVEUSE ROTTERDAM, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to RÊVEUSE ROTTERDAM.
- RÊVEUSE ROTTERDAM is never liable for any damage that the customer might suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to RÊVEUSE ROTTERDAM against a claim against RÊVEUSE ROTTERDAM.
RESERVATION OF OWNERSHIP
- RÊVEUSE ROTTERDAM remains owner of all products delivered until the customer has fully complied with all its payment obligations towards RÊVEUSE ROTTERDAM under any agreement concluded with RÊVEUSE ROTTERDAM, including claims for failure to perform.
- Until then, RÊVEUSE ROTTERDAM can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If RÊVEUSE ROTTERDAM invokes its retention of title, the agreement is deemed to have been dissolved and RÊVEUSE ROTTERDAM has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at RÊVEUSE ROTTERDAM, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, RÊVEUSE ROTTERDAM has the right to suspend its obligations until the agreed part has been paid.
- In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery to RÊVEUSE ROTTERDAM.
- The delivery times stated by RÊVEUSE ROTTERDAM are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic confirmation) from RÊVEUSE ROTTERDAM.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless RÊVEUSE ROTTERDAM cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
PACKAGING AND SHIPPING
- If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which RÊVEUSE ROTTERDAM cannot be held liable for any damage.
- If the customer is responsible for the transport of a product, he must report any visible damage to products or the packaging to RÊVEUSE ROTTERDAM prior to transport, in the absence of which RÊVEUSE ROTTERDAM cannot be held liable for any damage.
- If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.
- Exchange is only possible if the following conditions are met:
- exchange takes place within 14 days after purchase against presentation of the original invoice
- the product is returned in the original packaging or with the original (price) tags still attached
- the product has not yet been used
- Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies RÊVEUSE ROTTERDAM against all claims from third parties related to the products and / or services delivered by RÊVEUSE ROTTERDAM.
- The customer must examine a product or service provided by RÊVEUSE ROTTERDAM as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform RÊVEUSE ROTTERDAM of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers must inform RÊVEUSE ROTTERDAM of this within 2 months after discovery of the shortcomings.
- The customer will provide as detailed a description as possible of the shortcomings, so that RÊVEUSE ROTTERDAM is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this cannot in any case lead to RÊVEUSE ROTTERDAM being obliged to perform other work than agreed.
NOTICE OF DEFAULT
- The customer service must notify RÊVEUSE ROTTERDAM of any notice of default in writing.
- It is the customer's responsibility that a notice of default actually reaches RÊVEUSE ROTTERDAM (on time).
CUSTOMER'S SEAL LIABILITY
If RÊVEUSE ROTTERDAM enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to RÊVEUSE ROTTERDAM under that agreement.
LIABILITY RÊVEUSE ROTTERDAM
- RÊVEUSE ROTTERDAM is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
- If RÊVEUSE ROTTERDAM is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- RÊVEUSE ROTTERDAM is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If RÊVEUSE ROTTERDAM is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount on which the liability concerns.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from RÊVEUSE ROTTERDAM will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
RIGHT TO DISSOLUTION
- The customer has the right to dissolve the agreement if RÊVEUSE ROTTERDAM imputably fails to fulfill its obligations, unless this shortcoming does not justify the dissolution, given its special nature or minor significance.
- If the fulfillment of the obligations by RÊVEUSE ROTTERDAM is not permanent or temporarily impossible, dissolution can only take place after RÊVEUSE ROTTERDAM is in default.
- RÊVEUSE ROTTERDAM has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if RÊVEUSE ROTTERDAM has taken cognizance of circumstances that give it good grounds to fear that the customer fulfills his obligations will not be able to perform properly.
FORCE OF THE MAJORITY
- In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of R vanVEUSE ROTTERDAM in the fulfillment of any obligation towards the customer cannot be attributed to RÊVEUSE ROTTERDAM in a situation independent of RÊVEUSE ROTTERDAM's will, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of RÊVEUSE ROTTERDAM.
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
- If a force majeure situation arises as a result of which RÊVEUSE ROTTERDAM cannot fulfill 1 or more obligations towards the customer, then obligations will be suspended until RÊVEUSE ROTTERDAM can meet them again.
- From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- RÊVEUSE ROTTERDAM does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
AMENDMENT OF THE AGREEMENT
If, after the conclusion of the agreement for its implementation, it appears necessary to amend or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
- RÊVEUSE ROTTERDAM is entitled to amend or supplement these general terms and conditions.
- Minor changes can be made at any time.
- RÊVEUSE ROTTERDAM will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
TRANSITION OF RIGHTS
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of RÊVEUSE ROTTERDAM.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
CONSEQUENCES OF NULLITY OR DESTRUCTION
- If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is not invalid or voidable will in that case be replaced by a provision that comes closest to what RÊVEUSE ROTTERDAM had in mind when drawing up the conditions on that point.
APPLICABLE LAW AND COMPETENT COURT
- Dutch law is exclusively applicable to every agreement between the parties.
- The Dutch court in the district where RÊVEUSE ROTTERDAM is established / maintains a practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on April 05, 2021.