Voorwaarden van de dienst
The following words in these Terms and Conditions have meaning as written behind them, unless the context in which they are used proves different:
Cooling off period means the period in which consumer can make use of the right of withdrawal;
consumer means the natural person who does not act on behalf of the purposes which are related to commercial, company, trade or professional activities;
Day means calendar day;
Digital content means data which is produced and delivered in digital form;
Sustainable data carrier means every tool – which also includes e-mail – that a consumer or Raintap has made available to save information that is addressed to him personally for future reference or use during a period that is agreed upon in the purpose for which the information is meant to be used, and from which the saved information can be reproduced unchanged.
Right of withdrawal means the possibility for a consumer to remotely withdraw from the agreement within the cooling off period.
Long distance agreement means the agreement made between Raintap and consumer in light of an organised system for remote sales of products, digital content and/or services in which up until the conclusion of the contract explicitly or partially is made use of one of more remote communication techniques;
Withdrawal form means the form attached in the appendix of these conditions by which consumer can remotely withdraw from the agreement within the cooling off period;
Raintap means the enterprise Studio Floris Schoonderbeek BV established at Statenlaan 8, 6828 WE Arnhem and registered in the Commercial Register of the Chamber of Commerce under number 09137182 and
Website means the website of Raintap, being www.raintap.eu
- These terms and conditions apply to every offer of Raintap and every remote agreement between Raintap and a consumer.
- Before the remote agreement is made, the text of the terms and conditions is electronically made available to de consumer in a manner in which can be easily saved on a sustainable information carrier. If this is not reasonably possible, then Raintap shall inform about how the terms and conditions can be read through electronic means or at the request of consumer send the information electronically or by other means without any added charges, before the remote agreement is concluded.
- In case specific product or service conditions are applicable along side the general terms and conditions, the second is correspondingly applicable and the consumer can appeal to the applicable conditions which are most favourable for him.
- Raintap is not bound to apparent mistakes and/or apparent errors in the offer of products, digital content and/or services.
- Every offer contains information such that the consumer clearly takes notices of the rights and obligations, that are bound to the acceptance of the offer.
- The agreement is established when the consumer accepts the offer and the associated conditions are met.
- In case the consumer has accepted the offer through electronic means, then Raintap will promptly send a receipt confirmation of the acceptance of the offer through electronic means.
right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product within de cooling off period of 14 days without penalty and without giving any reason.
- The cooling off period mentioned in article 1 is valid from the day following, the consumer or a third party assigned by consumer, who is not the transporter, has received the product, or:
- if the consumer has purchased several products in the same order: the day on which the consumer, or a third party assigned by consumer, has received the final product. Raintap can, only if the consumer has been clearly informed about this prior to the ordering process, refuse an order of multiple products if the shipping dates are different;
- If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party assigned by consumer, has received the final shipment or the final part; or
- with conditions for frequent delivery of products during a set period: the day on which the consumer, or a third party assigned by consumer, has received the first product.
- The consumer can terminate a service agreement and an agreement for the delivery of digital content, which is not delivered on a physical carrier within 14 days without penalty and without any reason given.
- The cooling off period mentioned in article 3 is valid from the day following the establishment of the agreement.
product handling during the cooling off period
- During the cooling off period the consumer will handle the product and packaging with the utmost care. He will only unpack and use the product in such a way that is needed to determine the nature, features and proper function. The principle in this is that the consumer may only handle and inspect the product in such a way that he would be able to in a store.
- The consumer is responsible for the diminishment in value of the product as a result of handling which is different than the manner agreed upon in article 1.
exercising the right of withdrawal
- When the consumer makes use of the right of withdrawal, he will make this known to Raintap within the cooling off period through the withdrawal form or if different unequivocally so.
- As soon as possible, but within 14 days following the day mentioned in article 1, the consumer will send the product back or return this to (a representative of) Raintap. This will not be necessary if Raintap has offered to personally retrieve the product. The consumer has, at least, personally taken notice of the return period if he is returning the product before the cooling off period has ended.
- The consumer will return the product with all delivered accessories, if it is reasonably possible in its original state and packaging, compliant with the instructions given by Raintap.
- The risk and burden of proof for timely and correctly exercising the right of withdrawal falls upon the consumer.
- The consumer will carry the direct costs for the return of the product.
- If the transaction is set during the cooling off period, the consumer will owe a sum that is proportionate to the part of the commitment which is fulfilled by the contractor on the moment of withdrawal, compared to the complete fulfillment of the commitment.
obligations of Raintap with withdrawal
- If Raintap has made the withdrawal by the consumer possible through electronic means, he will unequivocally send a receipt of this message.
- Raintap will compensate all payments of the consumer, including the eventual delivery costs charged by Raintap for the returned product immediately, though within the 14 days following the day that the consumer has made the withdrawal known. Unless Raintap offers to personally retrieve the product, then he can wait to refund until he has received the product or until the consumer shows that the product has been returned, depending on which date is sooner.
- Raintap uses the same method for reimbursement that the consumer has used, unless the consumer agrees with another method. The reimbursement is completely free for the consumer.
- If the consumer has chosen a more expensive method of shipment than the cheapest standard shipment method, then Raintap does not have to reimburse for the more expensive method.
exclusive right of withdrawal
Raintap excludes the following from the right of withdrawal:
- Products fabricated following the specifications of the consumer, which are not ready made and are created based on the choices and the individual decisions of the consumer, or which are clearly meant for a specific person.
- During the in the offer written validity period the prices of the offered products and/or services will not be raised, notwithstanding the change in price as a result of a change in VAT-rates.
- In deviation of the previous article, Raintap can offer products and/or services at a variable rate, if the rates are bound to fluctuations in the financial market and which the contractor has noinfluence on. This bond to these fluctuations and the fact that the rates are target prices, are mentioned with the offer.
- Price increases within 3 months after the establishment of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the establishment of the argeement are only allowed if Raintap has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the power to terminate the contract starting from the day the price increase starts.
- The prices mentioned in the offer for products and/or services have VAT included.
compliance agreement and extended warranty
- Raintap warrants that the products and/or services meet the agreement, the specifications mentioned in the offer and the reasonable demands of fitness and/or use and the on the date of establishment of the agreement existing legal regulations and provisions.
- In any case, no claim can be made to that which is mentioned in article 1 of this article (i) willful damage or by negligence, (ii) bij regular wear and/or (iii) with damage resulting from ignoring the operating instructions or operational requirements.
- Extra warranty provided by a supplier, manufacturer or importer of Raintap, does not impede the legal rights and claims that the consumer can invoke on grounds of the agreement against Raintap, if Raintap has failed to meet his part of the agreement.
- Extra warranty means every commitment of a supplier, importer or producer of Raintap, in which he assigns certain rights and claims to the consumer, which exceed the legal obligations he has in case he has failed to meet his part of the agreement.
execution and delivery agreement
- Raintap will observe the greatest possible care when receiving and executing the orders of products and evaluating requests for the delivery of services.
- The place of delivery is the address that the consumer has made known to Raintap.
- The consumer must supply Raintap with the correct address and e-mail address. Any changes in this must be communicated with Raintap in a timely fashion. If the consumer has given a wrong address for delivery, then the extra costs will be charged to the consumer.
- Delivery takes place while the supplies last.
- The ownership of the delivered products transfers to the consumer after the amount due is paid in full. The risk of the products transfers to the consumer at the moment of delivery.
- Raintap shall complete the order in no more than 30 days, unless another delivery term has been agreed upon. In case the delivery is delayed or if a delivery cannot be or can only be partially completed, the consumer will receive message of this in no more than 30 days after he has made the order. In this case the consumer has the right to terminate the agreement without any extra charges.
- After terminating the contract in compliance with the previous paragraph, then Raintap will immediately reimburse the sum paid by the consumer.
- The risk of damage and/or loss of the products rests on Raintap up until the moment of delivery to the consumer or a representative made known to Raintap in advance, unless different has been specifically agreed upon.
- Unless otherwise stated in the agreement, the amount due to be paid by the consumer are to be paid in full no more than 14 days after the start of the cooling off period of if there is no cooling off period within 14 days after the agreement has been made. If the agreement has been made for the delivery of a service, this period will start on the day that the two has received confirmation of the agreement.
- The consumer has the obligation to report errors in given or written payment information immediately to Raintap. Payment orders for giro and banking institutions are at the risk of the one giving the order (or authorisation) for payment.
accounts and registration
- The consumer can make an account of register himself differently on the website. Raintap retains the right to deny or cancel the application for such a registration, for example after observing irregularities.
- The login details are strictly personal and should not be made known to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
- The consumer will warn Raintap immediately if he suspects that his login details are known to third parties or if he notices any other irregularities.
- The consumer is not permitted to register or manage more than one Raintap account. It is also not permitted for the consumer to register for a new account after Raintap has denied the registration or has terminated the previous account of the consumer after it has been registered.
Raintap and the consumer are not bound to meet any obligation, if they are hindered in this by a circumstance that is not regarded as their responsibility by virtue of the law, legal action or according to generally accepted standards.
- Raintap has a sufficiently known complaint procedure and handles any complaints made in accordance with the complaint procedure.
- Complaints about the execution of the agreement are to be submitted clearly and completely to Raintap as soon as the consumer has detected the faults,
- Complaints submitted to Raintap are to be answered within a period of 7 days from the date the complaint has been received. If the complaint requires a foreseeable longer processing time, then Raintap will make this known to the consumer within 7 days, indicating when the consumer can expect a full answer.
privacy and safety
- Raintap respects the privacy of the consumer. Raintap handles personal details given to her according to the current regulations, in particular the Personal Data Protection Act. The consumer agrees to this handling. To protect the personal information of the consumer Raintap will manage suitable security measures.
- Any deviations of these terms and conditions can only be met by written agreement. No rights may be derived from the deviations in relation to subsequent legal relationships.
- The administration of Raintap is, unless proven differently, seen as proof of request and/or orders of the consumer. The consumer agrees that electronic communication can be seen as evidence.
- Raintap is justified to transfer the rights and obligations to you to a third party with a single notification.
- If and to the extent that any provisions of the terms and conditions are declared null and void, it shall in no way affect the remaining provision from being enforced. Raintap shall then establish a new provision to replace the void provision, where the spirit of the void provision will be observed as much as possible.
The agreements, and all consequent non-contractual obligations between Raintap and the consumer in relation to these terms and conditions apply exclusively to Dutch Law.