Terms and Conditions

Terms and Conditions (Consumer)

These Terms and Conditions of the Dutch Home Shopping Organization (hereafter referred to as Thuiswinkel.org) were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will take effect on June 1, 2014.

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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance with the agreement and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and renewal

Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions

Article 20 – Amendment to the Terms and Conditions of Thuiswinkel

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement for the regular supply of goods, services and/or digital content for a defined period of time;
Durable medium: every medium – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services at a distance to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur.

Name of entrepreneur:

Rossmax

Acting under the name:

Rossmax Nederland

Business address:

Zuidbaan 548-F

2841 MD Moordrecht

The Netherlands

E-mail address:

info@rossmax.nl

Chamber of Commerce number:

75515563

VAT number:

NL860309502B01

Article 3 – Applicability

These terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the terms and conditions can be consulted by the consumer and that they will be sent upon request to the consumer as soon as possible, free of charge.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or in some other way upon request.
In the event that, in addition to these terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to him.

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 contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

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 compliance with the conditions set out therein.
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur may – within legal frameworks – investigate whether the consumer can meet his payment obligations, as well as 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 grounds for not entering into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the address of the entrepreneur’s establishment where the consumer can address any complaints;
1. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
1. information on warranties and existing after-sales service;
1. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance agreement;
1. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
1. if the consumer has a right of withdrawal, the model withdrawal form.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer has the right to cancel a purchase agreement for a product within a cooling-off period of 30 days without giving any reason. The entrepreneur may ask the consumer for the reason of the withdrawal, but cannot oblige the consumer to provide it.
The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
1. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or part;
1. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer has the right to cancel a service agreement and an agreement for supply of digital content not supplied on a tangible medium within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of the withdrawal, but cannot oblige the consumer to provide it.
The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium when not informed of the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the originally established cooling-off period according to the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminished value of the product resulting from a handling of the product beyond what is permitted in paragraph 1.
The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all the legally required information on the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
The consumer shall return the product as soon as possible, but no later than 14 days after the day on which they notified the entrepreneur in accordance with paragraph 1, or shall hand it over to the entrepreneur (or a representative thereof). This shall not be necessary if the entrepreneur has offered to collect the product themselves. The consumer shall have observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that they shall bear these costs or if the entrepreneur has indicated that they shall bear the costs themselves, the consumer shall not be required to bear the costs of returning the product.
If the consumer withdraws after having expressly requested that the service or supply of gas, water or electricity which are not made available for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the part of the obligation which the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not available for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
1. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of non-tangible digital content, if:
1. they have not given their express consent to start the performance of the contract before the end of the cooling-off period;
1. they have not acknowledged losing their right of withdrawal when giving their consent; or
1. the entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises their right of withdrawal, all additional agreements shall be automatically terminated.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the consumer to exercise their right of withdrawal electronically, the entrepreneur shall send an acknowledgement of receipt without delay after receiving the withdrawal notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event no later than 14 days from the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
The entrepreneur shall use the same means of payment that the consumer used for the initial transaction, unless the consumer agrees to a different method. The reimbursement shall not incur any fees for the consumer.
If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this at the offer, at least in a timely manner before concluding the contract:

Products or services whose price is tied to fluctuations in the financial market that the entrepreneur has no influence over and that may occur within the withdrawal period;
Contracts that are concluded during a public auction. A public auction is understood to mean a sales method in which the entrepreneur offers products, digital content, and/or services to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to take delivery of the products, digital content, and/or services;
Service contracts, after complete performance of the service, but only if:
1. the execution started with the express prior consent of the consumer; and
1. the consumer has declared that he/she loses his/her right of withdrawal as soon as the entrepreneur has fully executed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
Contracts related to leisure activities, if a specific date or period of performance is provided for in the contract;
Products manufactured according to the consumer’s specifications that are not prefabricated and that are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that perish quickly or have a limited shelf life;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
The supply of digital content that is not supplied on a tangible medium, but only if:
1. the execution started with the express prior consent of the consumer; and
1. the consumer has declared that he/she loses his/her right of withdrawal.

Article 11 – The price

During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations on the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned may be indicative are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
1. they are the result of legal regulations or provisions; or
1. the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations that were in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur if the entrepreneur has failed to fulfil its part of the agreement.
An additional warranty means any undertaking by the entrepreneur, its supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide if they have failed to fulfil their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Taking into account what is stated about this in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly and in any event within 30 days, unless a different delivery period has been agreed. 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 he has placed the order. In such cases, the consumer shall have the right to terminate the agreement without any costs and shall be entitled to any compensation for damages.
After termination in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

The consumer can terminate a contract that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate a contract that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services at any time, at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate the contracts referred to in the previous paragraphs:
1. at any time and not be limited to termination at a particular time or during a particular period;
1. terminate them at least in the same way they were entered into;
1. always terminate them with the same notice period as the trader has agreed for himself.

Renewal:

A contract that has been entered into for a definite period and that provides for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.
Notwithstanding the preceding paragraph, a contract that has been entered into for a definite period and that provides for the regular delivery of daily, news-, and weekly papers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of up to one month.
A contract that has been entered into for a definite period and that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month. The notice period is up to three months if the contract provides for the regular delivery, but less than once a month, of daily, news-, and weekly papers and magazines.
A contract for a limited period for the regular delivery of daily, news-, and weekly papers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 15 – Payment

Unless otherwise agreed in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract. In case of a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged in terms and conditions to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.
If the consumer fails to meet his payment obligation(s) in a timely manner, he shall owe statutory interest on the outstanding amount after the entrepreneur has pointed out the late payment and has given the consumer a period of 14 days to still meet his payment obligations. After this 14-day period has expired without payment, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement procedure.

Article 17 – Disputes

Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these terms and conditions apply.
Disputes between the consumer and the entrepreneur concerning the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions set out below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer preferably notifies the entrepreneur first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request from the entrepreneur whether he also wishes to do so or whether he wishes to have the dispute settled by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee shall make a ruling under the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel).
The decisions of the Disputes Committee shall be made by way of binding advice. The Disputes Committee shall not consider a dispute or shall discontinue its consideration if the entrepreneur has been granted a suspension of payment, has been declared bankrupt or has actually terminated his business activities before the dispute has been heard by the committee and a final decision has been made.
If, in addition to the Disputes Committee Thuiswinkel, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Board (Kifid) is competent, the Disputes Committee Thuiswinkel is preferably competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Industry Guarantee

Thuiswinkel.org guarantees the compliance of its members with the binding recommendations of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding recommendation to the court for review within two months after its dispatch. This guarantee is revived if the binding recommendation is upheld by the court after review, and the judgment confirming this has become legally binding. Thuiswinkel.org will pay the consumer up to a maximum amount of €10,000 per binding recommendation. For amounts greater than €10,000 per binding recommendation, €10,000 will be paid out. Thuiswinkel.org has an obligation to make an effort to ensure that the member complies with the binding recommendation for the remainder of the amount.
The application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur is for an amount greater than €10,000, the consumer will be offered to transfer his claim to Thuiswinkel.org for the amount that exceeds €10,000, after which this organization will request payment in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions from these 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 medium.

Article 20 – Amendment to the Terms and Conditions of Thuiswinkel

Thuiswinkel.org will not change these terms and conditions except in consultation with the Dutch Consumers’ Association. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, with the proviso that, in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Annex I: Model withdrawal form

Terms and Conditions (Business)

These are the Terms and Conditions of Thuiswinkel.org for Business (hereinafter referred to as “Thuiswinkel.org”). These have been established in consultation with the Dutch Consumers’ Association as part of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council, and will take effect as of June 1, 2014.

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 – The price

Article 7 – Compliance with the agreement and additional warranty

Article 8 – Delivery and execution

Article 9 – Duration transactions: duration, termination, and renewal

Article 10 – Payment

Article 11 – Liability

Article 12 – Retention of title

Article 13 – Complaints procedure

Article 14 – Disputes

Article 1 – Definitions

In these conditions, the following terms shall have the meanings given to them below:

Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement that aims to provide regular delivery of goods, services and/or digital content for a specified period;
Durable medium: any instrument, including e-mail, that enables the customer or entrepreneur to store information addressed personally to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Customer: the natural or legal person who acts in the exercise of his profession or business;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers remotely;
Distance agreement: an agreement concluded between the entrepreneur and the customer in the context of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more means of communication at a distance are used exclusively or predominantly;
In writing: In these terms and conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Technique for distance communication: means that can be used to conclude an agreement without the customer and the entrepreneur having to be in the same room at the same time.
Website: The entrepreneur’s online shop offering products and services that can be purchased by customers.

Article 2 – Identity of the entrepreneur.

Name of entrepreneur:

Rossmax

Acting under the name:

Rossmax Nederland

Business address:

Zuidbaan 548-F

2841 MD Moordrecht

The Netherlands

E-mail address:

info@rossmax.nl

Chamber of Commerce number:

75515563

VAT number:

NL860309502B01

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every remote agreement concluded between the entrepreneur and the customer.
If the customer includes provisions or conditions in his order, confirmation or communication indicating acceptance that deviate from, or do not appear in the terms and conditions, they will only be binding on the entrepreneur if and insofar as they have been expressly and in writing accepted by the entrepreneur.
Before the remote agreement is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the remote agreement is concluded how the terms and conditions can be viewed by the customer at the entrepreneur’s place of business, and that they will be sent free of charge to the customer upon request as soon as possible.
If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these terms and conditions can be made available to the customer by electronic means in such a way that the customer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the terms and conditions can be viewed electronically and that they will be sent free of charge to the customer by electronic means or otherwise upon request.
In the event that specific product or service terms and conditions also apply in addition to these terms and conditions, the third and fourth paragraphs shall apply mutatis mutandis, and the customer may always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.
If any provision of these terms and conditions is found to be invalid, this shall not affect the validity of the entire terms and conditions. In that case, the parties will establish new provision(s) to replace it, which will give effect to the intention of the original provision as much as possible within the limits of the law.

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 contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
The content of the website and the offer has been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is at all times correct and complete. All prices, offers and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.

Article 5 – The agreement

The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the conditions set out therein.
If the customer has accepted the offer electronically, the entrepreneur shall confirm receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur shall notify the customer of such revocation without delay.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur shall take appropriate security measures.
If it appears that incorrect information has been provided by the customer when accepting or entering into the agreement in any other way, the entrepreneur has the right to fulfil its obligations only after receiving the correct information.
Within the legal framework, the entrepreneur may verify whether the customer can fulfil its payment obligations, as well as all facts and factors that are relevant to a responsible distance contract. If, on the basis of this investigation, the entrepreneur has good grounds to not enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur who refuses the application or attaches special conditions to it on the basis of the investigation shall notify the customer thereof as soon as possible but no later than 3 days after the conclusion of the agreement, stating the reasons for the decision.

Article 6 – Price

All prices stated on the website and other materials provided by the entrepreneur are exclusive of VAT (unless otherwise stated) and, unless otherwise indicated on the website, exclusive of other government-imposed levies.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. The fact that prices may be indicative and subject to fluctuations is stated in the offer.
The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to terminate the agreement without any costs being charged by the entrepreneur.
Any additional costs, such as delivery costs and payment costs, will be stated on the website and shown in the ordering process in any case.

Article 7 – Compliance with the agreement and additional warranty

The Entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date of conclusion of the agreement.
If the delivered product, service or digital content does not conform to the agreement (is defective or faulty), the customer must notify the Entrepreneur within 3 working days after he could reasonably have discovered this. If the customer fails to do so, he can no longer claim any form of repair, replacement, compensation and/or refund for this defect.
If the Entrepreneur deems a complaint to be valid, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the customer. The Entrepreneur may refer the customer to a manufacturer or supplier in this regard.
If the customer returns the products based on the provisions of this article, the customer may return the products. If any prepayments are to be refunded, the Entrepreneur will refund these amounts within 30 days after receiving the products.
Manufacturers and/or suppliers may offer their own warranties. These warranties are not offered by the Entrepreneur. If the Entrepreneur chooses to do so, he can mediate in the invocation of these warranties by the customer.

Article 8 – Delivery and execution

Once the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
The entrepreneur is authorized to engage third parties in carrying out the obligations arising from the agreement.
The delivery period is initially 30 days, unless clearly stated otherwise on the website or at the conclusion of the agreement. The choice of carrier is at the discretion of the entrepreneur.
If the entrepreneur is unable to deliver the products within the agreed period, he shall inform the customer thereof, stating the expected new delivery period. The customer shall then have the right to dissolve the agreement and shall also be entitled to compensation for his damage resulting from the late or non-delivery up to a maximum of the purchase price if the late or non-delivery is due to intent or gross negligence on the part of the entrepreneur. The customer shall immediately inform the entrepreneur, after his notification of late or non-delivery, whether he still wishes to perform the agreement or wishes to dissolve it.
Unless expressly agreed otherwise, the risk of the products to be delivered shall pass to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk shall pass upon transfer of the products.
If the customer or the third party designated by him is not present at the delivery address at the agreed delivery time to take delivery of the products, the entrepreneur is authorized to take back the products. At extra cost, the entrepreneur will offer the products to the customer again at a different time and/or on a different day to be determined in consultation with the customer. If delivery proves to be impossible, the obligation to pay shall not be extinguished and any additional costs, including those for return, shall be charged to the customer.
If the ordered product is no longer available, the entrepreneur will make an effort to offer a similar product of similar quality to the customer. The customer shall then have the right to dissolve the agreement free of charge.

Article 9 – Duration transactions: duration, termination, and renewal

Termination:

The customer may terminate an agreement that has been concluded for an indefinite period and which aims to regularly deliver products (including electricity), digital content, or services at any time, subject to agreed termination rules and a notice period of two months.
The customer may terminate an agreement that has been concluded for a definite period and which aims to regularly deliver products (including electricity), digital content, or services at the end of the agreed duration, subject to agreed termination rules and a notice period of two months.
The customer may terminate the agreements referred to in the previous paragraphs in writing.

Renewal:

An agreement that has been concluded for a definite period and which aims to regularly deliver products (including electricity), digital content, or services is renewed for the same duration by tacit agreement, as agreed.
The aforementioned notice periods apply accordingly to terminations by the entrepreneur.

Article 10 – Payment

Customer must make payments to the entrepreneur in accordance with the payment methods indicated in the ordering process and, if applicable, on the website. Entrepreneur is free to choose which payment methods to offer and may change them from time to time. Unless otherwise agreed, a payment term of 14 days, starting on the day after delivery, applies in case of payment after delivery.
If the customer fails to fulfill his payment obligation(s) in a timely manner, he will automatically be in default without the need for a notice of default. Entrepreneur has the right to increase the amount due with statutory interest and is entitled to charge the extrajudicial collection costs and any procedural costs incurred by him to the customer.

Article 11 – Retention of title

As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of the entrepreneur.

Article 12 – Liability

Except in cases of intent or gross negligence, the total liability of the entrepreneur towards the customer due to attributable failure to perform the agreement shall be limited to compensation for the amount of the price agreed for that agreement (including VAT). If there is a duration agreement, the aforementioned liability is limited to compensation for the amount owed by the customer to the entrepreneur in the 3 months preceding the harmful event.
Liability of the entrepreneur towards the customer for indirect damages, including but not limited to consequential damages, lost profits, missed savings, loss of data, and damage due to business interruption, is excluded.
The preceding paragraphs do not apply to damage suffered by the customer as a result of the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter has exercised one or more of his legal rights against the customer due to a failure in those products.
To the extent that performance is not already permanently impossible, the entrepreneur’s liability towards the customer due to attributable failure to perform an agreement arises only after the customer has promptly and properly notified the entrepreneur in writing of the default, specifying a reasonable period for remedying the default, and the entrepreneur continues to fail to perform its obligations after that period has elapsed. The notice of default must contain as detailed a description of the default as possible, so that the entrepreneur is able to respond adequately.
A prerequisite for any right to compensation for damages is that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than 14 days after the damage has arisen.
In the event of force majeure, the entrepreneur is not obliged to compensate for any damage incurred by the customer as a result thereof.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the customer can expect a more detailed answer.

Article 14 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the customer to which these terms and conditions apply.
If disputes arise as a result of the Agreement that cannot be settled amicably, they will be submitted to the competent court of the district where the entrepreneur is established. The entrepreneur and the customer can agree to settle their disputes by means of binding advice or arbitration.