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Terms and conditions

General Terms and Conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Duration transactions: duration, termination, and extension

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. Reflection Period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration Transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model Form: the model form for withdrawal that the entrepreneur makes available for a consumer to complete when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;
  10. Means of Distance Communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Roomer ART
Dolium 12
4906 LZ Oosterhout

T 06-40266715
E info@roomer-art.nl


Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and consumer.
  2. 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 where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the consumer's request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as much as possible.
  6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

 

Article 4 – The Offer

  1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

·        the price including taxes;

·        any shipping costs;

·        the manner in which the agreement will be concluded and what actions are required for this;

·        whether or not the right of withdrawal applies;

·        the method of payment, delivery and execution of the agreement;

·        the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

·        the height of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used;

·        whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;

·        the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, rectify it;

·        any other languages in which, in addition to Dutch, the agreement can be concluded;

·        the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

·        the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
  5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:

·        the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

·        the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the right of withdrawal is excluded due to the fragility and originality of the products.

·        information about guarantees and existing after-sales service;

·        the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

·        the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

6.      In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

7.      Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:

  1. The right of withdrawal is excluded due to the fragility and originality of the products. It is not possible to return a product.

Article 7 – Costs in case of withdrawal

  1. The right of withdrawal/return of products is not possible.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is possible for products that cannot be returned due to their nature. Due to the fragility and originality of the products, it is not possible to return a product.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  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.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. they are the result of legal regulations or provisions; or
  6. the consumer has the right to terminate the agreement on the day the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 1 week after delivery. Products must be returned in their original packaging and in new condition.

Article 11 – Delivery and execution

  1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not give the consumer the right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 12 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more extensive answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer must first turn to the entrepreneur.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, offer an appropriate solution.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or differing provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.