Terms of service
General Terms and Conditions – Reiniro
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 - Consumer Obligations During the Withdrawal Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Associated Costs
Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Performance
Article 14 - Payment
Article 15 - Complaints Procedure
Article 16 - Disputes
Article 1 – Definitions
For the purposes of these General Terms and
Conditions, the following definitions shall apply:
Additional Agreement: An agreement
under which the consumer acquires products, digital content and/or services in
connection with a distance contract, where such products, digital content
and/or services are supplied by the trader or by a third party based on an
arrangement between that third party and the trader.
Cooling-off Period: The period during which the
consumer may exercise the right of withdrawal.
Consumer: Any natural person acting for
purposes that are wholly outside their trade, business, craft or profession.
Day: A calendar day.
Digital Content: Data produced and supplied in
digital form.
Continuous Performance Contract: An agreement
providing for the regular supply of products, services and/or digital content
over a specified period.
Durable Medium: Any tool or medium, including
email, that enables the consumer or trader to store information addressed
personally to them in a way that allows future consultation and unchanged
reproduction for a period appropriate to the purpose of the information.
Right of Withdrawal: The consumer's right to withdraw
from a distance contract during the cooling-off period.
Trader: The natural or legal person
offering products, (access to) digital content and/or services to consumers by
means of distance selling.
Distance Contract: An agreement concluded between the
trader and the consumer within an organised system for the distance sale of
products, digital content and/or services, whereby exclusive or partial use is
made of one or more means of distance communication up to and including the
conclusion of the agreement.
Model Withdrawal Form: The European
model withdrawal form included in Annex I of these General Terms and
Conditions. Annex I does not need to be provided if the consumer does not have
a statutory right of withdrawal in relation to their order.
Means of Distance Communication: Any method
that may be used to conclude an agreement without the consumer and the trader
being physically present in the same place at the same time.
Article 2 – Identity of the Trader
Reiniro
Trading Name: Reinier Living
Middelie 84
1472 GT Middelie
The Netherlands
Email: info@reiniro.com
Chamber of Commerce (KvK) Registration Number: 92775616
VAT Identification Number: NL866168679B01
Article 3 – Applicability
These General Terms and Conditions apply to every
offer made by the trader and to every distance contract concluded between the
trader and the consumer.
Before a 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 trader shall inform the consumer, prior to
the conclusion of the contract, how the General Terms and Conditions can be
inspected and that they will be provided free of charge upon request.
Where the distance contract is concluded
electronically, the text of these General Terms and Conditions may, prior to
the conclusion of the contract and notwithstanding the previous paragraph, be
provided electronically in such a manner that it can easily be stored by the
consumer on a durable medium. If this is not reasonably possible, the trader
shall indicate where the General Terms and Conditions may be consulted
electronically and that they will be supplied free of charge, either
electronically or by other means, upon request.
If specific product or service terms apply in addition
to these General Terms and Conditions, the provisions of the previous
paragraphs shall apply accordingly. In the event of conflicting terms, the
consumer may always rely on the provision that is most favourable to them.
Article 4 – The Offer
Where an offer is subject to a limited period of
validity or specific conditions, this shall be expressly stated.
The offer shall contain a complete and accurate
description of the products, digital content and/or services offered. The
description shall be sufficiently detailed to enable the consumer to make a
proper assessment of the offer. Where the trader uses images, these shall
accurately represent the products, services and/or digital content offered.
Obvious errors or mistakes in the offer shall not be binding on the trader.
Each offer shall contain sufficient information to
make it clear to the consumer what rights and obligations are attached to the
acceptance of the offer
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the
agreement is concluded at the moment the consumer accepts the offer and fulfils
the conditions set out therein.
If the consumer has accepted the offer electronically,
the trader shall promptly acknowledge receipt of the acceptance by electronic
means. Until such acknowledgement has been sent, the consumer may cancel the
agreement.
Where the agreement is concluded electronically, the
trader shall take appropriate technical and organisational measures to protect
the electronic transfer of data and shall ensure a secure online environment.
Where electronic payment is possible, the trader shall implement appropriate
security measures.
Within the limits of the law, the trader may assess
whether the consumer is able to meet their payment obligations, as well as any
facts and circumstances that are relevant to the responsible conclusion of a
distance contract. If, based on this assessment, the trader has legitimate
grounds for not entering into the agreement, they are entitled to refuse an
order or request, stating the reasons, or to make the execution of the
agreement subject to specific conditions.
No later than upon delivery of the product, service or
digital content, the trader shall provide the consumer, in writing or on a
durable medium, with the following information:
- the business address of the trader where complaints may be submitted;
- the conditions and procedure for exercising the right of withdrawal,
or a clear statement if the right of withdrawal does not apply; - information regarding guarantees and after-sales services;
- the total price of the product, service or digital content, including
all taxes, and where applicable, delivery charges and the arrangements for
payment, delivery or performance; - the conditions for terminating the agreement where it has a duration
of more than one year or is concluded for an indefinite period; - where applicable, the model withdrawal form.
In the case of a continuous performance contract, the
provisions of the previous paragraph apply only to the first delivery.
Article 6 – Right of Withdrawal
For Products
The consumer may withdraw from an agreement relating
to the purchase of a product within a cooling-off period of 14 days without
giving any reason. The trader may ask the consumer for the reason for
withdrawal but may not require the consumer to provide one.
The cooling-off period starts on the day after the
consumer, or a third party designated by the consumer who is not the carrier,
has received the product, or:
- where the consumer has ordered multiple products in a single order: on
the day the last product has been received. Provided the consumer has been
clearly informed before the ordering process, the trader may refuse orders
containing products with different delivery times; - where the delivery of a product consists of several consignments or
parts: on the day the final consignment or part has been received; - where the agreement concerns the regular delivery of products over a
specified period: on the day the first product has been received.
Article 7 – Consumer Obligations During the
Cooling-off Period
During the cooling-off period, the consumer shall
handle the product and its packaging with due care. The consumer may only
unpack or use the product to the extent necessary to establish its nature,
characteristics and functioning.
The guiding principle is that the consumer may inspect
and handle the product only in the same manner as would be permitted in a
physical retail store.
Article 8 – Exercising the Right of Withdrawal and
Associated Costs
If the consumer exercises the right of withdrawal,
they must notify the trader by email within the cooling-off period.
The consumer shall return the product as soon as
reasonably possible, and in any event within 14 days following the notification
referred to in paragraph 1. The return deadline is met if the consumer
dispatches the product before the cooling-off period has expired.
The product must be returned together with all
supplied accessories, preferably in its original condition and packaging, and
in accordance with any instructions provided by the trader.
The consumer bears the risk and burden of proof for
the correct and timely exercise of the right of withdrawal.
The direct costs of returning the product shall be
borne by the consumer.
Article 9 – Obligations of the Trader in the Event of
Withdrawal
Where the trader enables the consumer to notify their
withdrawal electronically, the trader shall promptly acknowledge receipt of
such notification.
The trader shall reimburse all payments made by the
consumer without undue delay and, in any event, no later than 14 days after
receiving the consumer's notice of withdrawal. Unless the trader offers to
collect the product personally, the trader may withhold reimbursement until the
product has been received or until the consumer has provided proof that the
product has been returned, whichever occurs first.
The trader shall use the same payment method for
reimbursement as the consumer used for the original transaction, unless the
consumer has expressly agreed to another method.
Where the consumer has chosen a more expensive method
of delivery than the least expensive standard delivery offered, the trader is
not required to reimburse the additional delivery costs.
Article 10 – Exclusion of the Right of Withdrawal
The trader may exclude the right of withdrawal for the
following products and services, provided that this has been clearly stated in
the offer or, at the latest, before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the
financial market over which the trader has no control and which may occur
during the withdrawal period. - Products manufactured according to the consumer's specifications,
which are not prefabricated and are produced based on the consumer's
individual choice or decision, or which are clearly intended for a
specific person. - Products which, after delivery, have become inseparably mixed with
other products due to their nature.
Article 11 – Prices
During the validity period stated in the offer, the
prices of the products and/or services offered shall not be increased, except
where price changes result from changes in applicable VAT rates.
Notwithstanding the previous paragraph, the trader may
offer products or services whose prices are subject to fluctuations in the
financial markets, over which the trader has no control, at variable prices.
The fact that prices are subject to such fluctuations, and that any prices
quoted may be indicative only, shall be clearly stated in the offer.
Price increases within three months after the
conclusion of the agreement are permitted only where they result from statutory
regulations or legal provisions.
Price increases after three months from the conclusion
of the agreement are permitted only if:
- they result from statutory regulations or legal provisions; or
- the consumer has the right to terminate the agreement with effect from
the date on which the price increase takes effect.
All prices stated in the offer include VAT unless
otherwise stated.
Article 12 – Performance of the Agreement and
Additional Warranty
The trader guarantees that the products and/or
services comply with the agreement, the specifications stated in the offer,
reasonable standards of quality and usability, and the statutory provisions and
government regulations in force on the date the agreement is concluded.
Where the trader provides an additional warranty, such
warranty shall not affect the consumer's statutory rights or any contractual
rights the consumer may have against the trader.
An additional warranty means any commitment made by
the trader, supplier, manufacturer or importer granting the consumer rights or
remedies beyond those required by law in the event that the product fails to
conform to the agreement.
Article 13 – Delivery and Performance
The trader shall exercise the utmost care when
receiving and processing orders for products and when assessing requests for
the provision of services.
The place of delivery shall be the address provided by
the consumer to the trader.
Subject to the provisions set out in Article 4 of
these General Terms and Conditions, the trader shall execute accepted orders
without undue delay and, in any event, within 30 days, unless another delivery
period has been agreed. If delivery is delayed, or if an order cannot be
fulfilled or can only be fulfilled in part, the consumer shall be informed no
later than 30 days after placing the order. In such cases, the consumer has the
right to terminate the agreement free of charge.
Where the agreement is terminated in accordance with
the previous paragraph, the trader shall reimburse the amount paid by the
consumer without undue delay.
Article 14 – Payment
Unless otherwise agreed in the contract or in any
supplementary terms, amounts payable by the consumer must be paid within 14
days after the commencement of the cooling-off period or, where no cooling-off
period applies, within 14 days after the conclusion of the agreement. In the
case of an agreement for the provision of services, this period commences on
the day after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the trader without
undue delay of any inaccuracies in payment details provided or stated.
If the consumer fails to fulfil their payment
obligations on time, they shall, after being notified by the trader of the late
payment and after being granted a period of 14 days to fulfil their payment
obligations, owe statutory interest on the outstanding amount if payment is
still not made within that period. The trader is also entitled to charge any
legally permitted extrajudicial debt collection costs.
Article 15 – Complaints Procedure
The trader maintains a complaints procedure and shall
handle complaints in accordance with that procedure.
Complaints regarding the performance of the agreement
must be submitted to the trader within a reasonable period after the consumer
has discovered the defect, and must be described fully and clearly.
Complaints submitted to the trader shall be answered
within 14 days from the date of receipt. If a complaint requires a longer
processing time, the trader shall send an acknowledgement of receipt within the
14-day period, together with an indication of when the consumer can expect a
more detailed response.
The consumer must allow the trader at least four weeks
to resolve the complaint by mutual agreement. After this period, any dispute
shall become subject to the applicable dispute resolution procedure.
Article 16 – Governing Law and Disputes
All agreements between the trader and the consumer to
which these General Terms and Conditions apply shall be governed exclusively by
the laws of the Netherlands.