Article 1 – Definitions
These terms and conditions shall mean:
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Distance contract: an agreement concluded between a trader and a consumer under an organized distance sales scheme for products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader having been simultaneously present in the same room;
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Right of withdrawal: the option for the consumer to renounce the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any instrument which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period long enough for the purposes of the information and which allows the unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Ronada.eu is a trade name of Ronada B.V.
Address: De Oude Werf 56, 1851 PW in Heiloo
Phone number: 0725324507, available on workdays from 09:00 to 17:00
Email address: info@rondada.eu
Chamber of Commerce number: 37098226
VAT identification number: VAT: NL815522605B01
Article 3 – Applicability
- These terms and conditions apply to every offer from 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 is made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the business and that they will be sent free of charge as soon as possible at the request of the consumer.
- 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 stored by the consumer in a simple manner on a durable data carrier. If this is reasonably not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
- In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may, in the event of conflicting terms and conditions, always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services 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. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the agreement will be concluded and which actions are necessary for that purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period for maintaining the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- how the agreement can be consulted by the consumer if it is archived after its conclusion;
- the manner in which the consumer can become aware of actions not desired by him prior to the conclusion of the agreement, as well as the manner in which he can correct them before the agreement is concluded;
- the possible languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
- If the consumer has accepted the offer by electronic means, the trader shall promptly confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer may rescind 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 observe appropriate security measures for that purpose.
- The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
- The entrepreneur shall provide the consumer with 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 data carrier, along with the product or service:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- the information regarding existing after-sales service and warranties;
- the price of the product, service, or digital content inclusive of all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
- if the consumer has a right of withdrawal, the model withdrawal form.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products;
- The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
- The reflection period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the final product. Provided that the trader has informed the consumer of this in a clear manner prior to the ordering process, the trader may refuse an order of multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
- for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may cancel a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
- The reflection period mentioned in paragraph 3 commences 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 in the event of failure to inform about the right of withdrawal:
- If the trader has not provided the consumer with the statutory mandatory information on the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period determined in accordance with the preceding paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the initial 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 its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product in the manner that would be allowed in a physical store.
- The consumer is only liable for any diminished value of the product resulting from the handling of the product other than what is allowed in paragraph
- The consumer is not liable for depreciation of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
- If the consumer exercises their right of withdrawal, they shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- The consumer shall return the product, or hand it over to (a person authorized by) the trader, without undue delay and no later than 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the withdrawal period has expired.
- The consumer shall return the product with all delivered accessories, 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 lie with the consumer.
- The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
- If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity begin during the reflection period, the consumer shall owe the trader an amount that is proportional to that part of the obligation fulfilled by the trader at the time of withdrawal, compared with the full fulfillment of the obligation.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
- the consumer has not expressly requested the commencement of the performance of the service or the delivery of gas, water, electricity, or district heating during the cooling-off period.
- The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he did not expressly consent prior to the delivery thereof to the commencement of the performance of the agreement before the end of the cooling-off period;
- he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
- The business owner failed to confirm this statement from the consumer.
- If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 – The Merchant’s Obligations in the Event of Cancellation
- If the entrepreneur enables the consumer to submit the notice of withdrawal by electronic means, he shall send an acknowledgment of receipt without delay after receiving this notice.
- The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold the refund until he has received the product or until the consumer has demonstrated that he has returned the product, whichever is earlier.
- The trader shall use the same means of payment that the consumer used for the transaction, unless the consumer has agreed to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The business may exclude the following products and services from the right of withdrawal, but only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:
- Products or services whose price is dependent on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;
- Service agreements, upon full performance of the service, but only if:
- performance has begun with the consumer's express prior consent; and
- The consumer has stated that he loses his right of withdrawal as soon as the business has fully performed the contract;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Agreements regarding leisure activities, if the agreement provides for a specific date or period of execution thereof;
- Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the trader has no control;
- Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
- The delivery of digital content other than on a tangible medium, but only if:
- performance has begun with the consumer's express prior consent; and
- The consumer has stated that by doing so, he forfeits his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no control, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these may be the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement by the date on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- A guarantee offered by the trader, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the trader regarding a failure to fulfill the trader's obligations under the law and/or the distance contract.
Article 13 – Delivery and execution
- The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with due expedience, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery experiences a delay, or if an order cannot be executed or can only be partially executed, the consumer shall receive notification thereof no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any potential compensation for damages.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Open-ended contracts: duration, termination, and renewal
Cancellation:
- The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.
- The consumer may terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, observing the agreed cancellation rules and a notice period of at most one month.
- The consumer may, for the agreements mentioned in the preceding paragraphs:
- cancel at any time and not be restricted to cancellation at a specific time or in a specific period;
- at least terminate in the same manner as they were entered into by him;
- always cancel with the same notice period that the entrepreneur has stipulated for themselves.
Extension:
- An agreement for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, news magazines, weeklies, and periodicals may be tacitly renewed for a fixed duration of a maximum of three months, provided the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
- A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period not exceeding one month. The notice period shall not exceed three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
- An agreement of limited duration for the regular delivery of daily newspapers, news publications, weeklies, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically upon the expiration of the trial or introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise against termination before the end of the agreed duration.
Article 15 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a service agreement, within 14 days after the issuance of the documents relating to this agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment exceeding 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.
- The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
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 implementation of the agreement must be submitted fully and clearly described 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 foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 – Intellectual property
The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications, or other expressions regarding the products and/or regarding the internet site vest in Ronada.eu, its suppliers, or other claimants.
Article 18 – Personal data
Ronada.eu will process the Buyer's data exclusively in accordance with its privacy policy. In doing so, Ronada.eu observes the applicable privacy rules and legislation.
Article 19 – Applicable law and competent court
Dutch law exclusively applies to all offers made by Ronada.eu, its agreements, and the execution thereof. The applicability of the Vienna Sales Convention is explicitly excluded.
Article 20 – Links
The Ronada.eu website may contain third-party advertisements or links to other sites. Ronada.eu has no influence over the privacy policies of these third parties or their sites and is not responsible for them.
Article 21 – Your rights
You can always ask Ronada.eu which data about you are being processed. To this end, you can send an e-mail. You can also ask Ronada.eu by e-mail to make improvements, additions, or other corrections, which Ronada.eu will process as soon as possible. If you no longer wish to receive information, you can notify Ronada.eu of this. Information is only sent if you have provided your e-mail address for that purpose.
Article 22 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions must 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.