GENERAL TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur;

Cooling-off period: the period during which the consumer can exercise their 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;

Continuous contract: a distance contract related to a series of products and/or services, where the delivery and/or purchase obligations are spread over time;

Durable medium: any medium that allows the consumer or entrepreneur to store information that is addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the model form for withdrawal made available by the entrepreneur, which the consumer can complete when they wish to exercise their right of withdrawal; 

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract in the context of a system organised by the entrepreneur for remote sale of products and/or services, in which, up until the conclusion of the contract, only one or more techniques for remote communication are used;

Remote communication technique: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

RoaLuci, Westergosingel, The Netherlands, Phone number: +31 (0) 6 25 19 85 06

We are available by phone on: Tuesday to Thursday from 13:00 to 16:30 

Email: info@roaluci.com

Chamber of Commerce (KvK): 92147674

VAT number: NL004939103B45

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order made between the entrepreneur and the 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur's location and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous section and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third sections will apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are or become entirely or partially invalid or are annulled, the agreement and these terms and conditions shall remain in effect in all other respects, and the relevant provision shall be immediately replaced through mutual agreement with a provision that closely approximates the intent of the original as much as possible. 

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – Offer and Terms

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or withdraw the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will provide 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 for reference only and cannot be grounds for compensation or termination of the agreement.

Product images aim to truthfully represent the offered products. However, the entrepreneur cannot guarantee that the displayed colours exactly match the actual product colours.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

• • the price, including taxes;

  • any applicable shipping costs;

  • the process for concluding the agreement and the necessary steps;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the validity period of the offer or the duration for which the price is guaranteed;

  • the cost of remote communication if calculated differently than standard rates;

  • whether the agreement will be archived after conclusion, and if so, how the consumer can access it;

  • the way in which the consumer can review and correct their submitted data before finalising the agreement;

  • any other languages, besides Dutch, in which the agreement can be concluded;

  • the codes of conduct the entrepreneur adheres to and how the consumer can access them electronically;

  • the minimum duration of the remote agreement in the case of a recurring transaction.
    

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and fulfills the associated conditions, subject to the provisions of paragraph 4.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of this acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer has the option to pay electronically, the entrepreneur will take appropriate security measures.

Within legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into a distance agreement. If, based on this assessment, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to reject an order or request with justification or to attach special conditions to its execution.

Along with the product or service, the entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable data carrier for easy access:

1. • The business address of the entrepreneur’s establishment where the consumer can submit complaints;

   • The conditions under which, and the method by which, the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

   • Information regarding warranties and any post-purchase services;

   • The details specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided them to the consumer prior to the execution of the agreement;

   • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

   • In the case of a recurring transaction, the provisions of the previous paragraph only apply to the first delivery.

   • Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the Delivery of Products:

When purchasing products, the consumer has the right to dissolve the agreement within 14 days without providing any reason. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. For our extensive return conditions, please see the Return page which you can find in the footer of the website.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made using the model withdrawal form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product has been returned on time, for example, by supplying a shipping receipt.

If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal within the period specified in paragraphs 1 and 3, or if the product is not returned, the purchase becomes final.

For the Delivery of Services:

When purchasing services, the consumer has the right to dissolve the agreement within at least 14 days, starting from the day the agreement is concluded, without providing any reason.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery of the service.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they are at most responsible for the costs of return shipping.

If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after the withdrawal. However, this refund is subject to the condition that the entrepreneur has received the returned product or that the consumer has provided conclusive proof of complete return shipment. The refund will be processed using the same payment method originally used by the consumer unless the consumer explicitly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.

The consumer cannot be held liable for any depreciation in value if the entrepreneur failed to provide all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products and services as specified in paragraphs 2 and 3. This exclusion is only valid if the entrepreneur has clearly stated it in the offer or, at the latest, before the conclusion of the agreement.

The right of withdrawal can only be excluded for products:

1. • that have been manufactured according to the consumer’s specifications;

   • that are clearly of a personal nature;

   • that, due to their nature, cannot be returned;

   • that are perishable or have a limited shelf life;

   • whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;

   • that consist of single issues of newspapers or magazines;

   • that involve audio or video recordings and computer software where the consumer has broken the seal;

   • that are hygienic products where the consumer has broken the seal.

     The right of withdrawal can only be excluded for services:

     • related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or within a specific period;

     • where the delivery has started with the consumer’s explicit consent before the withdrawal period has expired;

     • related to betting and lotteries.

Article 9 – Pricing

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 adjustments in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if they are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on market fluctuations and the fact that any listed prices are indicative will be clearly stated in the offer.

Price increases within three months of the agreement’s conclusion are only permitted if they result from legal regulations or provisions.

Price increases beyond three months after the agreement’s conclusion are only permitted if the entrepreneur has stipulated this and:

• • they result from legal regulations or provisions; or

  • the consumer has the right to terminate the agreement as of the date the price increase takes effect. 

The  prices stated in the offer for products or services include VAT.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of a printing or typographical error, the entrepreneur is not obligated 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 agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions and government regulations in effect on the date of the agreement’s conclusion. If explicitly agreed upon, the entrepreneur also guarantees that the product is suitable for uses beyond normal usage.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of discovering the issue.

The entrepreneur’s warranty period aligns with the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any specific consumer application, 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 themselves or has had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions, handled carelessly, or used contrary to the entrepreneur’s instructions and/or the packaging instructions;

  • the defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing requests for service provision.

The delivery address shall be the address provided by the consumer to the company.

Subject to paragraph 4 of this article, the company shall process accepted orders as promptly as possible and, at the latest, within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled in whole or in part, the consumer shall be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.

All delivery times are indicative. No rights can be derived from any stated timeframes. Exceeding a delivery period does not entitle the consumer to compensation.

In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur shall refund any payments made by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a suitable replacement. The consumer shall be clearly informed, at the latest upon delivery, that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative who has been expressly designated by the consumer and communicated to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement for the regular supply of products (including electricity) or services at the end of the agreed duration, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

• • at any time, without being restricted to termination at a specific time or within a specific period;

  • in the same manner in which the agreement was entered into;

  • with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

By way of exception to the previous clause, a fixed-term agreement for the regular supply of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided that the consumer can terminate the renewed agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer is allowed to terminate it at any time with a notice period of no more than one month, or no more than three months in cases where the agreement involves the delivery of daily, news, and weekly newspapers and magazines less frequently than once per month.

A limited-term agreement for the trial or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically renewed and will end automatically at the conclusion of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate it at any time after the first year with a notice period of no more than one month, unless early termination would be unreasonable or unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is responsible for promptly notifying the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge any reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur maintains a clearly communicated complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within two months after the consumer has discovered the defect. The complaint must be described clearly and in full.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable 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 reply.

If the complaint cannot be resolved through mutual consultation, it shall be considered a dispute and will be subject to the applicable dispute resolution procedure.

Consumers must first contact the entrepreneur in case of complaints. If the web store is affiliated with WebwinkelKeur and the complaint cannot be resolved mutually, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers can check the web store's active membership status via https://www.webwinkelkeur.nl/ledenlijst/. If a resolution is still not reached, the consumer may submit the complaint to the independent dispute committee designated by WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to abide by this binding decision. Submitting a dispute to this committee involves costs, which must be paid by the consumer. Consumers may also submit complaints via the European ODR platform (http://ec.europa.eu/odr).

Filing a complaint does not suspend the consumer’s obligations unless the entrepreneur confirms otherwise in writing.

If the entrepreneur finds the complaint justified, they will, at their discretion, either replace or repair the delivered product free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or Deviating Provisions

Any additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.