Terms of service
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 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract exclusively using one or more techniques for remote communication;
Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Schapelhouman
1e Oosterkade 8, 8605AA, Sneek (Note: this is not a visiting address)
WhatsApp number: +31-629731399 Available between 09:00 and 17:00
Email address: support@revahs.nl
Chamber of Commerce number: 75769875
VAT identification number: NL001452027B58
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in deviation from the previous paragraph and before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the contract and these terms and conditions will remain in effect for the rest and the relevant provision will be replaced immediately by a provision that approximates the intent of the original as much as possible in mutual consultation.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the used communication medium;
whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data he has provided in the context of the contract before concluding the contract;
any other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.
Article 5 – The agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered 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.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form or another communication method such as email. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items have been returned on time, for example by means of proof of shipment.
If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Upon delivery of services:
When delivering services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, at most the costs of return shipment will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received back by the web store or conclusive proof of complete return being provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described 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 least in time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been made by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.
Article 9 – 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 due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed to this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the contract from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defectiveness is wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Termination
The consumer can terminate a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a termination period of at most one month.
The consumer can terminate a contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed period, observing agreed termination rules and a termination period of at most one month.
The consumer can:
terminate the contracts mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or period;
terminate at least in the same way as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
A contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, a contract concluded for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.
A contract concluded for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months if the contract concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A limited duration contract for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first contact the entrepreneur.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at its discretion.
Article 15 – Disputes
Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions 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 by the consumer on a durable data carrier in an accessible manner.
