Terms and Conditions

These general terms and conditions have been compiled by the Dutch Organization Thuiswinkel. These conditions apply to all orders at RIVS® (June 2020).

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 right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different stipulations

 

Article 1 - Definitions

Meaning of the conditions:

1. Reflection period: the period the consumer can exercise his right of withdrawal;
2. Consumer: the person who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to 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 that is addressed to him personally in a way that allows 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 cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: an agreement whereby, in the context of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the contract, use is exclusively made of one or more communication techniques. distance;
9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Statutory company name: RIVS B.V.®
Trade name: RIVS B.V.
Business and visiting address: Ritsevoort 21, 1811 DM, Alkmaar
Telephone number: 072-5400757 (Monday to Friday from 09:00 to 17:30)
Email address: [email protected]
Chamber of Commerce number: 37 111 042
VAT identification number: NL815578805B01

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be consumer can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most beneficial.

 

Article 4 - The offer

1. If an offer has a limited period of validity this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is very detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights are attached to the acceptance of the offer. This concerns in particular:
o the price includes taxes;
o any delivery costs;
o the way in which the agreement will be concluded and which actions are required for this;
o the right of withdrawal applies;
o the method of payment, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the level of the rate for distance communication;
o whether the contract is archived and how it can be consulted by the consumer;
o the way in which the consumer can check and restore the data;
o any other languages in which the contract may be concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; 
o the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The agreement

1. The agreement is concluded when the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer, the entrepreneur confirms receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded, the entrepreneur will take appropriate technical and organizational measures to secure the transfer of data and 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 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 contract. If the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product to the consumer:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which the consumer can exercise the right of withdrawal;
c. the information on existing after-sales service and guarantees;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason for at least fourteen days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of the right of withdrawal, at most the costs of return will be for his account.
2. The entrepreneur will refund the amount as soon as possible, but no later than 30 days after the return or cancellation.

 

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

 

Article 10 - Compliance and warranty

1. The entrepreneur guarantees that the products and services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability and the legal provisions and government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for 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 under the agreement.

 

Article 11 - Delivery and implementation

1. The entrepreneur will exercise due care when receiving and implementing 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. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order can not or partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions

1. The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period has a term of maximum two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as an indefinite contract and the notice period after the contract has been continued will be a maximum of one month.

 

Article 13 - Payment

1. Unless agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in the case of a contract for the provision of a service, within 14 days after the issue of these documents relating to this contract. .
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.
3. The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
4. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.