Article 1 - Identity
These are the general terms and conditions of Eline Rosina
Company name: Eline Rosina BV
Registered at Bottelstraat 10, 6511 XB Nijmegen, The Netherlands*.
Email address: firstname.lastname@example.org*
Chamber of Commerce number: 70904022 VAT number: NL858504820B01
*Orders returned to this address will NOT be processed.
*Webshop related questions should be addressed to email@example.com
Article 2 - Definitions
In these general terms and conditions, the following definitions shall apply:
- Grace period: the period within which a consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Durable medium: any device - including e-mail - that enables a consumer or Eline Rosina to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive the distance contract within the cooling-off period;
- Distance contract: an agreement concluded between Eline Rosina and a consumer within the framework of an organized system for the distance sale of products, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for the conclusion of an agreement, without a consumer and Eline Rosina having to be together in the same room at the same time.
- These General Terms and Conditions apply to any offer made by Eline Rosina and to any distance contract concluded between Eline Rosina and a consumer.
- Before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, Eline Rosina will indicate in what way the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- Obvious mistakes or obvious errors in the offer of products do not bind Eline Rosina.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby imposed.
- If the consumer has accepted the offer electronically, Eline Rosina will immediately confirm electronically the receipt of the acceptance of the offer.
- Eline Rosina will provide the consumer with the following information at the latest upon delivery of the product:
- The visiting address of the branch of Eline Rosina where the consumer can, for example, with complaints;
- The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing after-sales service;
- The price including all taxes of the product, where applicable the cost of delivery and the method of payment, delivery or performance of the remote agreement;
- The consumer may dissolve an agreement relating to the purchase of a product during a withdrawal period of 14 days without giving reasons. Eline Rosina may ask the consumer about the reason for withdrawal, but the consumer is not obliged to give his reason(s).
- The withdrawal period mentioned in paragraph 1 starts 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:
- During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is liable for diminished value of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.
- If the Consumer exercises his right of withdrawal, he shall notify Eline Rosina within the withdrawal period in an unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) Eline Rosina. This is not necessary if Eline Rosina has offered to pick up the product itself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
- The consumer returns the product with all delivered accessories, in its original condition and packaging, and in accordance with the instructions provided by Eline Rosina. It is the responsibility of the consumer that the return package is received in good order. If this is not the case, Eline Rosina may refuse the return.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product.
- Further necessary information about returning a product is listed on the website.
- If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.
- Eline Rosina reimburses all payments made by the consumer, excluding any delivery costs charged by Eline Rosina for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
- For reimbursement, Eline Rosina will use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- During the validity period mentioned in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the offer of products are inclusive of VAT.
- Eline Rosina guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the agreement.
- In any event, no claim may be made under paragraph 1 of this article (i) for damage caused intentionally or by negligence, (ii) for normal wear and tear and/or (iii) for damage caused by failure to observe the instructions for use or instructions for use, or to observe them correctly.
- An additional warranty provided by Eline Rosina, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Eline Rosina under the agreement if Eline Rosina has failed to fulfill its part of the agreement.
- Additional warranty means any commitment by Eline Rosina, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what the consumer is legally obliged to do in case he has failed to fulfill his part of the agreement.
- Eline Rosina will take the utmost care when receiving and executing orders for products.
- Delivery takes place while supplies last.
- Ownership of delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
- The place of delivery is the address that the consumer has made known to Eline Rosina.
- The consumer should provide the correct address and email address to Eline Rosina. Any changes should also be timely communicated to Eline Rosina. If the consumer has given a wrong address for delivery, this is the risk of the consumer.
- Eline Rosina will execute accepted orders expeditiously but at the latest within 3 days, unless another delivery period has been agreed.
- After dissolution in accordance with the previous paragraph, Eline Rosina will refund the amount paid by the consumer without delay.
- The risk of damage and / or loss of products rests with Eline Rosina until the time of delivery to the consumer or a previously designated and made known to Eline Rosina representative, unless otherwise expressly agreed.
- Eline Rosina offers the following secure payment methods:
- Credit card: during the ordering process, the buyer can enter his credit card number and the expiration date of his credit card. The buyer must be sure that exactly the same name as on the credit card is entered. This is followed by the authorization process for the payment. The buyer will hear whether or not the payment has been approved.
- PayPal: PayPal allows the buyer to transfer money from their bank account, credit card account or PayPal account.
- iDEAL: buyers with a Dutch bank account can use iDeal. This payment method was created through the cooperation of Dutch banks. The iDeal payment system connects the most common online banking systems and is a reliable payment system.
- Bancontact/Mr.Cash: for buyers with a Belgian bank account, it is possible to pay via Bancontact/Mr. Cash. Bancontact/Mr. Cash is a joint initiative of the Belgian banks that ensures fast payment processes without failures. Bancontact/Mr. Cash is available to account holders of KBC, Dexia and ING, among others. Thanks to the use of the PIN code, a transaction can be completed quickly and securely.
- The buyer is bound by the terms and conditions of the payment platform he/she chooses. Eline Rosina has no power over these conditions and cannot be held liable for their content.
- If a payment has been made by means of a gift card, the buyer can only receive a new credit for the gift card when returning products. Gift cards and the residual value of gift cards are not redeemable for cash under any circumstances. Any residual value of the gift card can be used in subsequent orders.
Article 14 - Force majeure
Eline Rosina and the consumer are not obliged to fulfill any obligation if they are hindered as a result of a circumstance that is not due to her fault, and not under the law, a legal act or generally accepted for its account.
Article 15 - Complaints procedure
- Eline Rosina has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to Eline Rosina as soon as possible after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to Eline Rosina will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Eline Rosina will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- Any deviations from these terms and conditions can only be agreed upon in writing. No rights can be derived from such deviations with respect to later legal relationships.
- The administration of Eline Rosina shall, subject to proof to the contrary, serve as evidence of the requests and / or orders made by the consumer. The consumer acknowledges that electronic communication may serve as evidence.
- Eline Rosina is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notification to you.
- If and insofar as any provision of the general conditions is declared null and void or is annulled, the other provisions of these general conditions will remain in full force. Eline Rosina will then determine a new provision to replace the void/terminated provision, whereby as much as possible the scope of the void/terminated provision will be observed.
- Agreements, and all resulting non-contractual obligations, between Eline Rosina and the Consumer to which these General Terms and Conditions relate are exclusively governed by Dutch law.