VOA General Terms & Conditions


Table of contents:

Article 1 - Definitions
Article 2 - The Entrepreneur's identity
Article 3 - Scope
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - The Consumer's obligations during this right of withdrawal
Article 8 - The Consumer exercising the right, and costs involved
Article 9 - Entrepreneur's obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Extended transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

The following is understood in these Conditions under:

1. Additional agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with an on-line contract and these matters, digital content and/or services are provided by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;

2. Grace period: The period within which the Consumer can exercise his right of withdrawal;

3. Consumer: The natural entity who isn't acting for purposes relating to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period of time;

7. Long-term data storage device: any means - including email - that allows the Consumer or operator to store information directed to him personally, in such a way that facilitates future consultation or use during a period dependent on the purpose for which the information is intended and unaltered reproduction of the stored information.

8. Right of withdrawal: The ability of the Consumer to withdraw from the on-line contract within the cooling off period;

9. Entrepreneur: The natural or legal entity offering products, (access to) digital content and/or services to Consumers on-line;

10. Distance contract: An Agreement between the Entrepreneur and the Consumer under an organized system for on-line selling of products, digital content and/or services, in which one or more means of distance communication is used exclusively or partly until the conclusion of the agreement;

11. Model cancellation form: the European model cancellation form contained in Annex I of these Terms and Conditions;

12. On-line communication technology: A means that can be used to conclude a contract, without the need for the Consumer and Entrepreneur to be in the same room simultaneously.

Article 2 - The Entrepreneur's identity

Company name: Roll & Fix Netherlands
Address: Aalscholverstraat 1
Postal code - City: 6921 WR Duiven
Email Address: info@rollandfix.nl
Telephone no: 0316-282878
VAT no: 2086.21.799.B01
CoC no: 66976871
Company URL: http://www.rollandfix.nl
Store Name: Roll & Fix Netherlands
Store Email:
Store Address: Nobelstraat 10 , 6902 PH, Zevenaar
Store Telephone: 0031 6 10199303
Store URL: http://www.rollandfix.nl

If the Entrepreneur’s activities are subject to a relevant licensing system: The details of the supervisory authority.

If the Entrepreneur is of a regulated profession:

- The professional association or organization with which he is affiliated;

- The professional title, the location in the EU or the EEA where this was granted;

- A reference to the professional rules that apply in the Netherlands, and information about where and how these professional rules can be accessed.

Article 3 - Scope

1. These General Terms and Conditions apply to any Offer from the Entrepreneur and to any Agreement established on-line between the Entrepreneur and the Consumer.

2. Before the on-line Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the Entrepreneur will indicate before the remote agreement is concluded that the general terms and conditions can be inspected at the Entrepreneur, and that it can be sent immediately, free of charge, upon the Consumer’s request.

3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that it can easily be stored by the Consumer on a durable medium. If this is not reasonably possible, an indication will be given before the agreement is concluded as to where the general conditions can be accessed in electronic form, and that it will be sent free of charge upon request from the Consumer, electronically or otherwise.

4. In the event that specific product or service requirements also apply in addition to these General Terms and Conditions, the second and third paragraph shall also apply and, in case of conflicting terms and condition, the Consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true reflection of the products, services and/or digital content being offered. Obvious mistakes or obvious errors in the offer shall be binding on the Entrepreneur

3. Every offer will contain such information that it will be clear what the rights and obligations of Consumers are associated with the acceptance of the offer.

Article 5 - The Agreement

1. The Agreement is subject to the provisions of paragraph 4, concluded at the time of the Consumer's acceptance of the Offer and complying with the corresponding terms and conditions.

2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately acknowledge receipt of acceptance of the offer electronically. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may terminate the Agreement.

3. If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.

4. The Entrepreneur may - within legal limits - inquire whether the Consumer will be able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the on-line Agreement. If following this investigation the Entrepreneur is justified not to enter into the agreement, he is lawfully entitled to refuse an order or request or to subject its implementation to special conditions.

5. The Entrepreneur will send the following information of the product, service or digital content to the Consumer, in writing and in such a manner that it can be stored by the Consumer in an accessible manner, on a durable data storage device:

a. The Entrepreneur's physical business address where the Consumer can address his complaints;

b. The conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;

c. The information about guarantees and after sales service;

d. The price of the product, service, or digital content, including all taxes; where applicable, the delivery costs; and the arrangements for payment, delivery or performance of the on-line Agreement;

e. The requirements for terminating the Agreement if the Agreement extends over more than one year or for an indefinite period;

f. If a right of withdrawal applies to the Consumer, the standard cancellation form.

6. In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

With products:

1. The Consumer may cancel a contract involving the purchase of a product during a cooling-off period of at least 14 days, without giving any reasons. The Entrepreneur may ask the Consumer about the reason for the cancellation, but he cannot insist on him giving his reasons.

2. The cooling-off period starts on the day after the Consumer has received the product, or a third party appointed prior to this, on behalf of the Consumer, not being the carrier, or:

a. If the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party appointed by him, has received the final product. The Entrepreneur may refuse an order of several products with different delivery times, provided he has clearly informed the Consumer of this prior to the ordering process.

b. If the supply of a product consists of several consignments or parts: the day on which the Consumer, or a third party appointed by him, has received the last shipment or unit;

c. With Agreements for regular delivery of products over a specified period of time: the day on which the Consumer, or a third party appointed by him, has received the first product.

With services and digital content that is not supplied on a tangible data storage device:

3. The Consumer may cancel a services agreement and an agreement for the supply of digital content which is not supplied on a tangible data storage device for at least 14 days without giving any reason. The Entrepreneur may ask the Consumer for the reason for the cancellation, but he cannot insist on him giving his reason or reasons

4. The cooling-off period referred to in paragraph 3 shall take effect on the day following the conclusion of the Agreement.

Extended cooling-off period for products, services and digital content which is not supplied on a tangible data storage device when not informed about the right of withdrawal:

5. If the Entrepreneur failed to provide the Consumer with the regulatory information about the right of withdrawal or hasn't supplied the model cancellation form, the cooling-off time shall end 12 months after the end of the original cooling-off period, set in accordance with the previous paragraphs of this article.

6. If the Entrepreneur has provided the information referred to in the preceding paragraph to the Consumer within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the Consumer received the information.

Article 7 - The Consumer's obligations during this right of withdrawal

1. During this time, the Consumer will handle the Product and packaging. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the Consumer should only handle and inspect the product as he would in a store.

2. The Consumer is liable for any depreciation of the product as a result of the way of handling the product that goes beyond that which is allowed in paragraph 1.

3. The Consumer shall not be liable for any depreciation of the product if the Entrepreneur failed to supply him with all the mandatory information on the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the Consumer's right of withdrawal and the related costs

1. If the Consumer exercises his right of withdrawal, he will report this to the Entrepreneur within the cooling-off period using the standard cancellation form, or in another unambiguous way.

2. The Consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, or he will hand it over to (a representative of) the Entrepreneur. This need not be if the Entrepreneur has offered to collect the product. The Consumer will in any case have complied with the return terms if he returns the product before the cancellation period has expired.

3. The Consumer shall return the product with all accessories included, if reasonably possible, in the original condition and packaging, and in accordance with the Entrepreneur's reasonable and clear instructions.

4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal, lies with the Consumer.

5. The Consumer shall bear the direct cost of returning the product. The Consumer need not carry the return costs if the Entrepreneur didn't state that the Consumer has to bear these costs, or if the Entrepreneur indicated its willingness to carry the costs instead.

6. If the Consumer cancels after having expressly requested that the rendering of the service, or the supply of gas, water or electricity that isn't readied for sale, is to be started at a limited volume or set quantity, the Consumer shall pay the Entrepreneur an amount in proportion to that part of the undertaking that was fulfilled by the Entrepreneur at the time of revocation compared to full compliance with the commitment.

7. The Consumer shall not be responsible for the rendering of services or the supply of water, gas or electricity, which is not ready for sale in a limited volume or quantity, or for the supply of central municipal heating, if:

a. The Entrepreneur failed to provide the Consumer with the regulatory information on the right of withdrawal, the fee in case of withdrawal or the model cancellation form, or;

b. The Consumer didn't expressly requested the start of the execution of the service or supply of gas, water, electricity or municipal heating during this period.

8. The Consumer doesn't carry the costs for all or part of the delivery of digital content not delivered on a tangible medium, if:

a. He didn't expressly agreed to the end of the cooling off period prior to its delivery at the start of the execution of the Agreement;

b. He hasn't acknowledged losing the right of withdrawal when giving his consent; or

c. The Entrepreneur has failed to confirm this statement by the Consumer.

9. If the Consumer exercises his right of withdrawal, any additional Agreements shall be dissolved automatically.

Article 9 - Entrepreneur's obligations in the event of withdrawal

1. If the Entrepreneur allows electronic notification of withdrawal by the Consumer, he shall immediately acknowledge receipt of this notification.

2. The Entrepreneur shall reimburse all payments by the Consumer, including any delivery charges charged by the Entrepreneur for the returned product, without delay, but within 14 days following the day on which the Consumer informed him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may hold off refunding the Consumer until he has received the product or the Consumer has shown that he has returned the product, depending on which came first.

3. The Entrepreneur uses the same method for the refund as the payment method used by the Consumer, unless the Consumer agrees with another method. The refund is free of charge for the Consumer.

4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur doesn't have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of withdrawal

The Entrepreneur may exclude the following goods and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the Agreement.

1. Products or services of which the price depends on fluctuations in the financial market on which the Entrepreneur has no influence, and that may occur within the withdrawal period;

2. Agreements concluded at a public auction. Under a public auction is understood a method of sale where products, digital content and/or services are offered by the Entrepreneur to the Consumer who is personally present or is given the opportunity to be personally present at the auction, run by an auctioneer, and where the successful bidder is bound to purchase the products, digital content and/or services;

3. Services agreements, after full implementation of the service, but only if:

a. The implementation has begun with the Consumer's prior express consent; and

b. The Consumer has stated that he loses his right of withdrawal once the Entrepreneur has fully executed the contract;

4. Travel packages referred to in article 7:500 CC and passenger transport agreements;

5. Service contracts for the supply of accommodation, if a specific date or period of implementation is listed in the Agreement, and other than for residential purposes, goods transport, car rental services and catering;

6. Agreements related to leisure activities, if a specific date or period of implementation is stated in the Agreement;

7. Products manufactured to the Consumer's specifications, which are not prefabricated and that are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable to be returned for health reasons or hygiene, and that were unsealed after delivery;

10. Products that were irrevocably mixed with other products due to their nature, after delivery;

11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the Agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations on the market in which the Entrepreneur has no influence;

12. Sealed audio recordings, video recordings or computer software which were unsealed after delivery;

13. Newspapers, periodicals or magazines, with the exception of subscriptions thereon;

14. The supply of digital content other than on a tangible medium, but only if:

a. The implementation has begun with the Consumer's prior express consent; and

b. the Consumer has stated that he thus loses his right of withdrawal.

Article 11 - The price

1. The prices of the offered products and/or services are not increased during the period mentioned in the offer, except for price adjustments due to changes in VAT rates.

2. In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations on the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the Entrepreneur has agreed to this, and:

a. These are the result of statutory regulations or provisions;

b. The Consumer has the power to terminate the contract on the day on which the price increase takes effect.

5. The prices listed in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion of the agreement. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.

2. An extra guarantee issued by the Entrepreneur, his supplier, manufacturer or importer doesn’t affect the legal rights and claims that the Consumer can have on the Entrepreneur under the Agreement if the Entrepreneur failed to comply with his part of the Agreement.

3. Under additional guarantee is understood any undertaking by the Entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the Consumer that exceeds that which is required from him by law in case he is fails to comply with the performance of his part of the Agreement.

Article 13 Supplies and execution

1. The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.

2. The place of delivery is the address the Consumer provided to the Entrepreneur.

3. Subject to what is stated in this regard in Article 4 of these General Terms and Conditions, the Entrepreneur will carry out accepted orders as soon as possible, yet within 30 days, unless a longer delivery term has been agreed to. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 30 days after the order was placed. In this case, the Consumer has the right to terminate the Agreement without penalty.

4. After dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer without delay.

5. The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.

Article 14 - Extended transactions: duration, cancellation and extension

Cancellation:

1. The Consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.

2. The Consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.

3. Concerning the Agreements mentioned in the previous paragraphs, the Consumer can:

- Cancel them at any time and not be limited to cancellation at a specific time or in a given period;

- Cancel them at least in the same way as they were entered into by him;

- Always cancel with the same notice period as the Entrepreneur has negotiated for itself.

Extension:

4. A contract entered for a fixed period, which extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a fixed duration.

5. By way of derogation from the previous paragraph, a contract for a fixed period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the Consumer may cancel this extended agreement by the end of the extension with up to one month's notice.

6. A contract entered for a fixed period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the Consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.

7. An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the Consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise provided in the agreement or additional terms, amounts owed by the Consumer need to be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a contract on the provision of a service, this term commences the day after the Consumer has received the confirmation of the agreement.

2. When selling products to Consumers, the Consumer may never be obliged by the General Terms and Conditions to pay a deposit in excess of 50%. When a deposit is agreed to, the Consumer may not assert any rights regarding the implementation of the order or service(s) before the stipulated advance payment has been made.

3. The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.

4. If the Consumer fails to comply with his payment obligations in time, and after the Entrepreneur reminded him of the late payment and the Consumer allowed a period of 14 days to still comply with his payment obligations, and the Consumer failed to make payment within this 14-day term, he shall owe the statutory interest on the outstanding amount, and the Entrepreneur shall be entitled to charge the extrajudicial collection costs. The collection costs shall not exceed the following: 15% on the outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the following €5,000 with a minimum of €40. The Entrepreneur may deviate from the amounts and percentages for the benefit of the Consumer.

Article 16 - Complaints procedure

1. The Entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, as soon as the Consumer has discovered the flaws.

3. Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.

4. If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the complaint has been filed, this constitutes a dispute subject to the dispute resolution.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions relate to.

Article 18 - Additional or deviating provisions

Additional or different terms may not be to the disadvantage of the Consumer and should at least comply with the requirements.