Terms and Conditions.
In these conditions, the following terms shall have the following meanings:
Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous performance contract: a contract which concerns the regular delivery of goods, services, and/or digital content for a specified period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, only or also use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these conditions. Annex I does not have to be made available if the consumer does not have the right of withdrawal regarding his order;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur having to come together in the same space simultaneously.
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 goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer may exercise the 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 that are produced and supplied in digital form;
Continuous performance contract: a contract that concerns the regular delivery of goods, services, and/or digital content for a specified period;
Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, only or also use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have the right of withdrawal regarding his order;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to come together in the same space simultaneously.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Atrium House of Brands B.V.
Trading under the name/names: J.C. RAGS
Registered address:
De Aaldor 13
4191 PC Geldermalsen
Phone number: +31 345 260 009
Accessibility:
Monday to Thursday from 09:00 to 17:00
Friday to Friday from 09:00 to 17:00
Email address: customerservice@jcrags.com
Chamber of Commerce (KvK) number: 11057703
VAT number: NL8127.04.691.B01
If the activity of the entrepreneur is subject to relevant licensing: the details of the supervisory authority.
If the entrepreneur practices a regulated profession:
the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it is awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request by the consumer electronically or by other means.
In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision which is most favorable to him in case of conflicting terms.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer includes 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, these shall be a truthful representation of the products, services, and/or digital content offered. Manifest errors or mistakes in the offer do not bind the entrepreneur.
Each offer shall contain 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 clause 4, at the moment of acceptance by the consumer of the offer and meeting the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the 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 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 shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to its implementation.
The entrepreneur shall provide the following information to the consumer at the latest upon delivery of the product, service, or digital content 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 medium:
a.) the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b.) 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;
c.) information about guarantees and existing after-sales service;
d.) 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 execution of the distance contract;
e.) the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f.) if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the preceding paragraph shall only apply to the first delivery.
ARTIKEL 6 - RIGHT OF WITHDRAWAL
For products:
The consumer has the right to revoke a contract concerning the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for revocation, but cannot compel them to provide their reason(s).
The cooling-off period mentioned in clause 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:
a.) if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that the consumer has been clearly informed of this prior to the ordering process.
b.) if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
c.) in contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product.
For services and digital content that is not supplied on a tangible medium:
The consumer has the right to revoke a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for a minimum of 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for revocation, but cannot compel them to provide their reason(s).
The cooling-off period mentioned in clause 3 begins on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about 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 original cooling-off period, as determined in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding 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 REFLECTION PERIOD
During the cooling-off period, the consumer shall handle the product and its 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 handle and inspect the product only as he would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is allowed in clause 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the contract.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THEIR COSTS
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement.
As soon as possible, but no later than 14 days from the day following the notification referred to in clause 1, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns 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 stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer withdraws after having explicitly requested that the service be performed or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportionate to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear the costs for the provision of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a.) the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
b.) the consumer has not expressly requested the commencement of the provision of services or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a.) he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
b.) he has not acknowledged losing his right of withdrawal when giving his consent; or
c.) the entrepreneur has failed to confirm this declaration from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved automatically.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
If the entrepreneur enables the consumer to submit the withdrawal notification electronically, he shall promptly send an acknowledgment of receipt upon receiving this 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 no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold the reimbursement until he has received the product or until the consumer provides evidence of having returned the product, whichever occurs earlier.
The entrepreneur shall use the same means of payment for reimbursement as the consumer used for the initial transaction, unless the consumer agrees to a different method. The reimbursement shall be provided at no cost to the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obligated to refund the additional costs for the more expensive method.
ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction refers to a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to take delivery of the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
a.) the performance has begun with the consumer's express prior consent; and
b.) the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service contracts for the provision of accommodation, if the contract includes a specific date or period of performance and is not for residential purposes, goods transport, car rental services, or catering;
Agreements relating to leisure activities, if the contract includes a specific date or period of performance;
Custom-made products produced according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which 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 sealing 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 time of concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications;
The delivery of digital content other than on a tangible medium, but only if:
a.) the performance has begun with the consumer's express prior consent; and
b.) the consumer has declared that he thereby loses his right of withdrawal.
ARTICLE 11 - THE PRICE
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that prices are subject to fluctuations and any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a.) they are the result of statutory regulations or provisions; or
b.) the consumer has the authority 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 - PERFORMANCE OF AGREEMENT AND EXTRA WARRANTY
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned 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 purposes other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill its part of the agreement.
An additional guarantee is understood to mean any commitment by the entrepreneur, its supplier, importer, or manufacturer in which they grant certain rights or claims to the consumer that go beyond what they are legally obligated to do in case of a failure to fulfill their part of the agreement.
ARTICLE 13 - DELIVERY AND EXECUTION
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has provided to the entrepreneur.
Subject to the provisions of Article 4 of these general 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 partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without incurring any costs and is entitled to any compensation for damages.
After termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative of the entrepreneur, unless expressly agreed otherwise.
ARTICLE 14 - PERMANENT TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Termination:
The consumer may terminate an agreement entered into for an indefinite period and which entails the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services at any time, before the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
At any time without being limited to termination at a specific time or during a specific period;
Terminate them at least in the same manner as they were entered into by him;
Always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which entails the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement entered into for a definite period and which entails the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement entails the regular but less frequent than monthly delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon the expiration of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer has the right to terminate the agreement at any time after one year with a notice period of up to one month, unless fairness and equity prevent termination before the end of the agreed duration.
ARTICLE 15 - PAYMENT
Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
In the sale of products to consumers, the consumer shall never be obliged, in the general terms and conditions, to make an advance payment of more than 50%. When an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer fails to fulfill his payment obligation(s) in a timely manner, he shall be in default after the entrepreneur has reminded him of the late payment and granted the consumer a period of 14 days to still fulfill his payment obligations, and payment is still not made within this 14-day period, the consumer shall owe the statutory interest on the outstanding amount and the entrepreneur shall be 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 sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described 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 14-day period 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 eligible for dispute resolution.
ARTICLE 17 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ARTICLE 18 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional or divergent provisions 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 medium.