General terms and conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
1. Period of Reflection: the term within which the consumer may exercise his/her right of withdrawal;
2. Consumer: a natural person who is not acting in the context of practising a profession or running a business and who enters into a distance contract with the entrepreneur;
3. Day: a calendar day;
4. Continuing Performance Contract: a distance contract for a series of products and/or services, whose delivery and/or purchase obligation is spread over time;
5. Durable Data Carrier: any device that enables the consumer or entrepreneur to store information that is addressed to him/her personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of Withdrawal: the right that the consumer has within the period of reflection to cancel the distance contract;
7. Entrepreneur: a natural or legal entity who offers products and/or services to consumers at a distance;
8. Distance Contract: a contract whereby, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, only technologies for remote communication are used until the contract is concluded.
9. Technology for Remote Communication: means that can be used to enter into an agreement, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of the Entrepreneur
Tenbos B.V. trading as Riverdale (name given in the articles of association, which may be supplemented with the trade name);
Spiegelstraat 1, 2631 RS Nootdorp
Telephone number: +31(0)88-0550402 (Mon to Fri 9:00 AM to 6:00 PM)
E-mail address: firstname.lastname@example.org or email@example.com
Ch. of comm. number: 27142171
VAT identification number: Nl 801223398 B01
If the Entrepreneur's activity is subject to an applicable licensing system: the contact details for the supervisory authority:
If the Entrepreneur practises a regulated profession:
- the professional association or organization of which he/she is a member;
- the professional title, the country in the EU or the European Economic Area where this title is conferred;
- a reference to the rules of professional practice applicable in the Netherlands, and instructions on where and how these rules of professional practice can be accessed.
Article 3 – Applicability
1. These General Terms and Conditions apply to any of the Entrepreneur’s offers and to any Distance Contract entered into between the Entrepreneur and the Consumer.
2. The text of these General Terms and Conditions will be made available to the Consumer prior to the conclusion of a Distance Contract. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the Distance Contract that the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that, at the request of the Consumer, they will be sent as soon as possible free of charge.
3. If a Distance Contract is concluded by electronic means, the text of these General Terms and Conditions, notwithstanding the preceding paragraph and prior to the conclusion of the Distance Contract, may be made available to the Consumer by electronic means in such a way as to make it easy for the Consumer to store the text on a Durable Data Carrier. If doing so is not reasonably possible, the Consumer will be informed prior to the conclusion of the Distance Contract of the location at which the General Terms and Conditions can be inspected by electronic means and that, at the request of the Consumer, they will be sent by electronic means or by different means free of charge.
4. If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply mutatis mutandis and, if there are contradictory General Terms and Conditions, the Consumer may always invoke the applicable provision that is most favourable to the Consumer.
Article 4 – The offer
1. If an offer is valid for a limited period of time or if an offer is made subject to conditions, this will be expressly stated in the offer.
2. The offer will contain a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to make it possible for the Consumer to properly assess the offer. If the Entrepreneur uses images, these images will be true representations of the products and/or services offered. Obvious mistakes or manifest errors in the offer will not bind the Entrepreneur.
3. Each offer will contain information that makes the rights and obligations attached to acceptance of the offer clear to the Consumer. Each offer will contain information that makes the rights and obligations attached to acceptance of the offer clear to the Consumer. This concerns in particular:
o the price including tax;
o any delivery costs;
o the way in which the contract will be concluded and which acts are required for this;
o whether or not the Right of Withdrawal is applicable;
o the method of payment, delivery and implementation of the contract;
o the period for accepting the offer or the period within which the Entrepreneur guarantees the price;
o the fee for remote communication if the costs of using the Technology for Remote Communication are calculated on a basis other than the normal basic rate for the means of communication used;
o whether the contract is kept on file after its conclusion, and if so how the Consumer can consult it;
o the way in which the Consumer can check the information provided by him/her in the context of the contract, before entering into the contract, and, if desired, restore it;
o any other languages, apart from Dutch, in which the contract can be entered into;
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; and
o the minimum duration of the Distance Contract if it concerns a Continuing Performance Contract.
Article 5 – The contract
1. Subject to the provisions of paragraph 4, a contract is concluded when the Consumer accepts the offer and the applicable conditions are met.
2. If the Consumer has accepted the offer by electronic means, the Entrepreneur must confirm receipt of the acceptance of the offer by electronic means without delay. As long as the Entrepreneur has not confirmed receipt of this acceptance, the Consumer may terminate the contract.
3. If a contract is concluded by electronic means, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the Consumer is able to pay electronically, the Entrepreneur will comply with appropriate security measures that are in place for the purpose of electronic payment.
4. Within the statutory parameters, the Entrepreneur may ascertain whether the Consumer is capable of meeting his/her payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If based on this investigation the Entrepreneur has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request. This refusal must state the reasons, or it may attach special conditions to the execution of an order or a request.
5. No later than on delivery of the product or provision of the service to the Consumer, the Entrepreneur will provide the following information, in writing or in a form that makes it possible for the Consumer to store the information in an accessible manner on a Durable Data Carrier:
a. the address of the Entrepreneur’s branch that the Consumer can contact or visit in the event of complaints;
b. the conditions under which and the way in which the Consumer can exercise the Right of Withdrawal or a clear notification that the Right of Withdrawal does not apply;
c. information about after-sales guarantees and services;
d. the information given in Article 4(3) of these Terms and Conditions, unless the trader has already provided this information to the Consumer before implementing the contract;
e. the requirements for giving notice to terminate the contract if the contract has a duration of more than one year or is open ended.
6. If it concerns a Continuing Performance Contract, the provisions of the previous paragraph only apply to the first delivery.
Article 6 – Right of Withdrawal
On delivery of products:
1. When purchasing products, the Consumer has the option of terminating the contract without giving reasons for a period of fourteen Days. The Period of Reflection starts on the Day following the Day of receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to the Entrepreneur.
2. The Consumer must handle the product and packaging with care during the Period of Reflection. He/she will only unpack or use the product to the extent necessary to assess whether he/she wants to keep the product. If the Consumer exercises his/her Right of Withdrawal, he/she will return to the Entrepreneur the product with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the Entrepreneur’s reasonable and clear instructions.
On delivery of services:
3. On delivery of services, the Consumer has the option of terminating the contract without giving reasons for a period of at least fourteen Days, commencing on the date of entering into the contract.
4. To exercise his/her Right of Withdrawal, the Consumer must comply with the Entrepreneur’s reasonable and clear instructions when the Entrepreneur made the offer and/or at the latest on delivery.
Article 7 – Costs in the event of withdrawal
1. If the Consumer exercises the Right of Withdrawal, he/she will not be expected to pay more than the costs of the return shipment.
2. If the Consumer has made a payment, the Entrepreneur will refund this amount as soon as possible, but within 30 Days of the return or withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
1. The Entrepreneur is entitled to exclude the Consumer's Right of Withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the Right of Withdrawal only applies if the Entrepreneur has clearly stated this in the offer or at any rate in good time prior to the conclusion of the contract.
2. Exclusion of the Right of Withdrawal is only possible for products:
a. that the Entrepreneur has produced in accordance with the Consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that may perish or age quickly;
e. for which the price depends on fluctuations in the financial market over which the Entrepreneur has no control;
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. involving accommodation, transport, a restaurant or leisure activities to be provided on a certain date or during a certain period;
b. for which the provision began with the express consent of the Consumer before the Period of Reflection expired;
c. involving betting and lotteries.
Article 9 – The price
1. During the term of validity stated in the offer, the price of the products and/or services offered will not be increased, except if prices change due to changes in VAT rates.
2. Contrary to the provisions of the previous paragraph, the Entrepreneur is entitled to offer variable prices for products or services that are subject to fluctuations in the financial market and over which the Entrepreneur has no control. This dependence on fluctuations and the fact that any prices mentioned are guideline prices will be stated in the offer.
3. Price increases within three months following the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases after three months following the conclusion of the contract are only permitted if they were stipulated by the Entrepreneur and:
a) the increases are the result of statutory regulations or provisions; or
b) the Consumer has the right to terminate the contract effective as of the Day on which the price increase takes effect.
5. The prices of the products or services stated in the offer include VAT.
Article 10 – Conformity and guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability, and the statutory provisions and/or government regulations in force on the date on which the contract was concluded. If so agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any guarantee offered by the Entrepreneur, the manufacturer or the importer are without prejudice to the legal rights and claims that the Consumer may enforce against the Entrepreneur by virtue of the contract.
Article 11 – Delivery and execution
1. The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products, and when assessing requests for the provision of services.
2. The delivery location is the address that the Consumer has made known to the company.
3. With due observance of the relevant provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders expeditiously and in any case within 30 Days, unless a longer delivery period has been agreed. If the delivery is delayed or if the order cannot be executed or can only be partially executed, the Consumer will be informed of this no later than 30 Days after the Consumer placed the order. The Consumer will in that case have the right to terminate the contract without incurring costs and is entitled to compensation if applicable.
4. In the event of termination in accordance with the previous paragraph, the Entrepreneur will refund the amount that the Consumer has paid as soon as possible, and within 30 Days of termination.
5. If it becomes apparent that the delivery of a product that has been ordered is impossible, the Entrepreneur will endeavour to make a replacement item available. On delivery at the latest, it will be stated in a clear and understandable manner that a replacement item is being delivered. Right of Withdrawal cannot be excluded for replacement items. The costs of any return shipments are for the Entrepreneur’s account.
6. The risk of damage to and/or the loss of products lies with the Entrepreneur until the time at which the products are delivered to the Consumer or to a representative designated and made known to the Entrepreneur in advance, unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts
1. The Consumer is entitled to cancel a contract that has been concluded for an indefinite period at any time, with due observance of the agreed cancellation rules and a notice period of one month at most.
2. Contracts entered into for a fixed term have a maximum duration of two years. If it has been agreed that the Distance Contract will be extended if the Consumer tacitly agrees, the contract will be continued as an open-ended contract and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 – Payments
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within fourteen Days of the commencement of the Period of Reflection as referred to in Article 6(1). If it concerns a contract for services, this payment term commences once the Consumer has received confirmation of the contract.
2. For selling products to Consumers, General Terms and Conditions may never stipulate an advance payment of more than 50%. If an advance payment is required, the Consumer may not exercise any right with respect to the execution of the order or services concerned before the stipulated advance payment has been made.
3. The Consumer has a duty to inform the Entrepreneur of inaccuracies in payment details provided or specified without delay.
4. If the Consumer is in default of payment, the Entrepreneur is entitled – subject to legal restrictions – to charge the Consumer reasonable costs of which the Consumer will be informed in advance.
5. Administration costs of €12.95 will be charged for retrospective payments via the online store. This is excluding €4.95 in shipping costs. The Consumer must make a screenshot of his/her orders (all fields with address details must be filled in correctly) and send it as an attachment with a copy of a valid identity document to firstname.lastname@example.org. After the data has been checked, the products are sent and the Consumer will receive an invoice that must be paid within two weeks.
Article 14 – Complaints procedure
1. The Entrepreneur has a properly published complaints procedure and handles complaints according to this procedure.
2. Complaints about the implementation of the contract must be fully and clearly described, and submitted to the Entrepreneur within a reasonable period of time following the Consumer’s discovery of the shortcomings.
3. The Entrepreneur will respond to complaints submitted within fourteen Days following the date on which the complaint was received. If it is foreseen that more time is required to handle a complaint, the Entrepreneur will reply within the term of fourteen Days to confirm receipt and provide an indication of when the Consumer may expect a more comprehensive reply.
4. If the complaint cannot be resolved in joint consultation, this constitutes a dispute that is subject to the dispute settlement procedure.
Article 15 – Disputes
1. Agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions pertain are governed exclusively by Dutch law.
Article 16 – Additional provisions or derogations
Additional provisions or derogations 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 in an accessible way on a Durable Data Carrier.