Article 1 – Definitions
Article 2 – Rocks On a Rope; identity
Article 3 – The offer/ the product
Article 4 – The contract
Article 5 – Returns and exchanges / Right of withdrawal
Article 6 – Costs in case of withdrawal
Article 7 – The price
Article 8 – Delivery and execution
Article 9 – Conformity and Guarantee
Article 10 – Payment
Article 11 – Disputes
1 – DEFINITIONS
In these Terms and Conditions the following terms shall have the following meanings:
Buyer: Corresponding party to the purchase contract with Rocks On a Rope
Consumer: The natural person not acting in the exercise of his profession or business Consumer
Contract: Purchase contract between Rocks On a Rope and consumer
Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication and consumer is based in the EU.
Right of withdrawal: the option for EU-based Consumers to withdraw from the distance contract within the reflexion period
2 – Rocks on a rope
Rocks On a Rope is a trading name of the company owned by Claudia Lijnsvelt.
Registered offices & showroom:
Nieuw Herlaer 5
1083 BB Amsterdam
Telephone number: + 31 6 39 100 200
E-mail address: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Rocks On a Rope is registered in The Netherlands at the Chamber of Commerce with number: 12054820
VAT identification number: NL813281404 B01
3 – THE OFFER / THE PRODUCT
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer. All orders are subject to availability,
b. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the consumer to assess the products and/or services adequately. Rocks On a Rope makes every endeavor to ensure that the colors you see on the website correspond as much as possible to the actual products. Due to technical constraints, colors may not always be exactly the same.
c. Obvious errors or mistakes in the offer are not binding for Rocks On a Rope.
4 – THE CONTRACT
- The contract takes effect from the moment the buyer has accepted the offer and fulfilled the terms and conditions set in there.
b. In case the consumer accepted the offer via electronic means, Rocks On a Rope shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
c. Rocks On a Rope is lawfully entitled to refuse an order or request.
d. Rocks On a Rope shall send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of the entrepreneur´s business establishment where the consumer may get into contact for any complaints; b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal; c. the information corresponding to existing after-sales services and guarantees.
5 – RETURNS AND EXCHANGES / RIGHT OF WITHDRAWAL
- When purchasing products, the EU-consumer has the option to withdraw from the contract without specifying any reasons for a period of 14 days (reflection period). This period starts on the day the product is received by or on behalf of the EU-consumer. After expiry of the reflection period the purchase agreement will come into force.
b. During this period, the EU – consumer shall handle the product and the packaging with care. The EU – consumer shall only unpack the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the consumer shall return the product with all delivered accessories in an unused, complete and in the original condition and packaging and with the label on to Rocks On a Rope in conformity with the instruction given by Rocks On a Rope.
c. All other consumers may exchange items for a different item, however all exchanges are based on stock availability. Shipping is also free on the replacement item (note: not on the original item of purchase!), but if you are based outside the EU you will need to pay taxes and duties on this.
6 – COSTS IN CASE OF WITHDRAWAL
- Should the consumer exercise the right of withdrawal, only the returning costs are at the consumer´s expense.
b. If the consumer has made a payment Rocks On a Rope shall return this amount as soon as possible, but within not more than 14 days after the return sending to Rocks On a Rope.
7 – THE PRICE
- All prices are quoted in euros (€), inclusive of applicable VAT in the Netherlands and exclusive shipping costs and (custom) duties. Countries outside the European Union might demand an additional import duty that has to be paid at delivery. These import conditions/duties differ per country.
b. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, except in cases due to a raise of applicable VAT.
c. Rocks On a Rope reserves the right to change the prices and specifications without prior notification.
8 – DELIVERY AND EXECUTION
- Rocks On a Rope shall exercise the best possible care when booking and when executing product orders.
b. The place of delivery is at the address given by the consumer to Rocks On a Rope or in case of absence the local post-office.
c. Rocks On a Rope shall execute accepted orders with convenient speed but at least within 21 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within 21 days after ordering. In such cases, the consumer is entitled to withdraw from the contract free of charge.
d. In the event of repudiation under the preceding paragraph, Rocks On a Rope shall return the payment made by the consumer as soon as possible but at least within 7 working days after withdrawal.
e. If an ordered product for some reason is not deliverable, Rocks On a Rope shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. Consumer may refuse this replacement within 7 days.
f. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with Rocks On a Rope until the time they are delivered to or on behalf of the consumer.
9 – CONFORMITY AND GUARANTEE/COMPLAINTS
- Rocks On a Rope guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
b. All specifications, models and pictures with regard to the products are indications. Minor differences with regard hereto cannot give ground to justified claims.
c. Consumer shall check the product directly after receipt. Complaints about the performance of the contract shall be submitted to Rocks On a Rope in writing, fully and clearly described at the latest within 14 days after the consumer has received the product.
d. Rocks On a Rope shall reply to the complaints within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, Rocks On a Rope shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
e. In case of justified defects Rocks On a Rope shall either replace the product, repair the defect or shall return the purchase price and shipping costs, at her sole judgment.
10 – PAYMENT
- Unless otherwise agreed, the amounts to be paid by the consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
b. The consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
c. In case of nonpayment on the part of the consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.
11 – DISPUTES
- Contracts between Rocks On a Rope and the consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
b. Any and all disputes in relation with these terms and conditions shall be under the exclusive competence of the competent court in Amsterdam, the Netherlands.