GENERAL TERMS AND CONDITIONS
HJ de Rooy Lederwaren BV’s (Waalwijk) General Terms and Conditions.
1.1 These General Terms and Conditions apply to all HJ de Rooy / dR Amsterdam offers. The Terms and Conditions are readily available to everyone, and are included on the HJ de Rooy / dR Amsterdam website. We can send you a written copy, upon request.
1.2 By completing an order you are consenting to the Delivery and Payment Terms and Conditions. HJ de Rooy / dR Amsterdam retains the right to amend its Delivery and/or Payment Terms and Conditions once the duration has lapsed.
1.3 Unless agreed otherwise in writing, third party General or Specific Terms and Conditions or third party provisions are not acknowledged by HJ de Rooy / dR Amsterdam.
1.4 HJ de Rooy / dR Amsterdam guarantees that the delivered product matches the agreement and reflects the offer specifications.
2.1 Deliveries are made as long as stocks last.
2.2 Within the remit of distance selling, HJ de Rooy / dR Amsterdam processes orders within 30 days. If this proves impossible (because the ordered item isn’t in stock or is no longer deliverable), or there are delays for a different reason, or if an order cannot be (fully) processed, then the consumer is notified within 1 month of the order being placed, giving the consumer the right to cancel their order at no cost or formal notice.
2.3 Subject to evidence in rebuttal, HJ de Rooy / dR Amsterdam’s supply obligation is seen to be met as soon as the goods delivered by it have been once-offered to the consumer. With home deliveries, shipping covers the haulier (carrying with that the refusal of acceptance), to comprehensive proof of the offer up to delivery.
2.4 All the time periods listed on the website are indicative. As such no rights may be derived from these time periods.
3.1 Prices will not be increased for the duration of the offer, unless legislative measures necessitate it, or the manufacturer introduces interim price mark-ups.
3.2 All prices listed on the website are subject to misprints. No liability is accepted for the consequences of misprints.
3.3 All prices listed on the website are in Euros and include 21% VAT (excepting non-EU countries).
4. Inspection period / Right of termination
4.1 Pursuant to the Distance Selling Act (article 7:5 Civil Code) upon purchase the consumer is entitled to arbitrarily return (part of) the delivered goods within a legally stipulated time period. This time period commences upon receipt of delivery. If the consumer fails to return the delivered items to HJ de Rooy / dR upon termination of this time period then the sale is a fact. The consumer is obliged to notify HJ de Rooy / dR Amsterdam within the legislative time period upon delivery, yet prior to returning any goods. The consumer must prove that the delivered goods were returned in time, e.g., by means of proof of postage. Goods must be returned in a saleable condition and in their original packaging (including accessories and corresponding documentation). If the item has been used, conveyed or damaged in any way by the consumer, the right to rescind as meant in this clause, ceases to be valid. Taking into consideration that which is stated in the previous sentence, HJ de Rooy / dR Amsterdam ensures that within 30 days of proper receipt of the returned items, the full purchase amount including postage costs, is reimbursed to the consumer. The return of delivered goods however, is fully at the consumer’s risk and expense.
4.2 The right to rescission, as outlined in the previous clause, only pertains to goods delivered and does not in any way pertain to services, such as HJ de Rooy / dR Amsterdam (mobile) network operators’ telephone subscriptions. In terms of the aforementioned services where HJ de Rooy / dR Amsterdam merely acts as an intermediary, i.e. agent, the General Terms & Conditions of those parties apply.
4.3 The right of termination does not apply to:
· services of which, with the consumer’s consent and the execution thereof, commenced prior to the seven working day period;
· goods or services of which the price is linked to fluctuations in the financial arena, upon which the supplier has no influence;
· goods made in accordance with consumer specifications, e.g. bespoke work, or goods that are highly distinctive/characteristic in nature;
· goods or services that by their very nature cannot be returned, e.g. for hygienic reasons or goods that perish or age quickly;
· audio and video recordings and computer software, the seal of which has been broken by the consumer;
· the delivery of newspapers and magazines; bets and lottery services.
4.4 Template form: download the right of termination template form here.
5. Data management
5.2 HJ de Rooy / dR Amsterdam respects the privacy of its website users and ensures confidential data processing management.
5.3 In some instances HJ de Rooy / dR Amsterdam utilises a mailing list. Each mailing includes instructions on how to unsubscribe from the list.
6. Guarantee and conformity
6.1 The business guarantees that the products and/or services comply with the agreement, the offer specifications, the reasonable demands of validity and/or usability, and prevailing applicable legislative stipulations and/or government regulations, as of the date of establishment of the agreement.
6.2 Pursuant to the law and/or the distance selling agreement, guarantees offered by the business, manufacturer or importer do not detract from the rights and claims that the consumer can appeal upon in the instance of a failure on the part of the business in its obligations towards the consumer.
6.3 The consumer is obliged to check the goods immediately upon delivery. If it appears the goods are incorrect, in poor condition or incomplete, the consumer must immediately inform HJ de Rooy / dR Amsterdam of the defect(s) in writing (prior to returning them to HJ de Rooy / dR Amsterdam). Possible defects or erroneously delivered goods must be notified in writing to HJ de Rooy / dR Amsterdam within 2 months of delivery, at most. Goods must be returned in a saleable condition and in their original packaging (including accessories and corresponding documentation). Using the goods having established a defect, damage caused to goods having established a defect, and conveyance and/or resale of the goods having established a defect, fully waives this right to make a claim/send back returns.
6.4 If a consumer’s complaint is deemed as valid by HJ de Rooy / dR Amsterdam, HJ de Rooy / dR Amsterdam shall either replace the delivered goods free of charge or reach a compensation settlement in writing with the consumer, on the understanding that HJ de Rooy / dR Amsterdam’s liability and therefore the compensation amount, at no time exceeds the invoice amount for the goods in question; or (if HJ de Rooy / dR Amsterdam so chooses) the maximum amount covered by HJ de Rooy / dR Amsterdam’s liability insurance in that particular case. Each instance of liability on the part of HJ de Rooy / dR Amsterdam for any other type of damages is excluded, by which it is also understood to mean supplementary compensation for damages of any kind, compensation for indirect damages, consequential damage or damages resulting from lost profit.
6.5 HJ de Rooy / dR Amsterdam is not liable for damages caused wilfully or through deliberate recklessness by non-managerial personnel.
6.6 This guarantee does not apply if: A) and for as long as the consumer is in default towards HJ de Rooy / dR Amsterdam; B) the consumer has repaired and/or adapted the delivered goods themselves or has had them repaired and/or adapted by others. C) the delivered goods have been exposed to abnormal circumstances or have in any other manner been carelessly treated or handled in such a way contrary to HJ de Rooy / dR Amsterdam’s specifications and/or user instructions on the packaging; D) invalidity is fully or partially the result of regulations imposed by the government or that shall be imposed regarding the nature of the quality to the applied materials.
7.1 Offers are free of obligation, unless stipulated as otherwise in the offer.
7.2 Upon a consumer’s acceptance of a free of obligation offer, HJ de Rooy / dR Amsterdam retains the right to revoke the offer within 3 working days of receipt of the acceptance, or to deviate there from.
7.3 Verbal pledges only commit HJ de Rooy / dR Amsterdam once explicitly confirmed in writing.
7.4 Offers made by HJ de Rooy / dR Amsterdam do not automatically also apply to repeat orders.
7.5 HJ de Rooy / dR Amsterdam cannot be kept to its offer if the consumer ought to have understood that the offer, or a part thereof, contained an unmistakable (typographical) error.
7.6 Additions, modifications and/or any further agreements are only valid if agreed in writing.
8.1 An agreement between HJ de Rooy / dR Amsterdam and a consumer comes into being once an order instruction has been assessed for feasibility by HJ de Rooy / dR Amsterdam.
8.2 HJ de Rooy / dR Amsterdam retains the right to arbitrarily refuse orders or instructions, or to only accept them on the proviso of cash on delivery or advance payment shipping.
9. Imagery and specifications
9.1 All imagery (photos, drawings etc. incl. data pertaining to weights, dimensions, colours, labelling imagery, etc.) displayed on HJ de Rooy / dR Amsterdam’s website only applies by approximation, is indicative, and gives no rise to compensation for damages or rescission of the agreement.
10. Force majeure
10.1 HJ de Rooy / dR Amsterdam is not liable, if and in as much as its obligations cannot be upheld, in the event of force majeure.
10.2 By force majeure it is understood to mean every extraordinary cause and circumstance, which cannot in all reasonableness be attributed to HJ de Rooy / dR Amsterdam. Delays or non-performance on the part of our secondary suppliers, Internet malfunction, power outages, disruption to email traffic and faults or modifications made to technology supplied by third parties, transportation issues, strikes, government regulations, supply delays, supplier and/or HJ de Rooy / dR Amsterdam manufacturer negligence or negligence on the part of (auxiliary) personnel, sickness, and shortcomings in resources or means of transport, all expressly comprise force majeure.
10.3 In the event of force majeure HJ de Rooy / dR Amsterdam retains the right to suspend its obligations and is also entitled to either fully or partially rescind the agreement, or to demand that the contents of the agreement are changed in such a way that its implementation is safeguarded. In no instance is HJ de Rooy / dR Amsterdam obliged to pay any form of penalty or compensation for damages.
10.4 If in the event of force majeure arising HJ de Rooy / dR Amsterdam has already partially met its obligations, or is only partially able to meet its obligations, it is entitled to separately invoice for the goods already delivered i.e., for the deliverable part, and the consumer is obliged to settle this invoice, as if it concerns a separate contract. This however does not apply if the part already delivered, i.e., the deliverable part, is of no autonomous value.
11.1 HJ de Rooy / dR Amsterdam is not liable for damage caused to vehicles or other objects resulting from incorrect product use. Please read the instructions for use, or consult our website, prior to use.
12. Reservation of title
12.1 Ownership of all goods sold and delivered by HJ de Rooy / dR Amsterdam to the consumer rests with HJ de Rooy / dR Amsterdam for as long as the consumer fails to meet the stipulations made by HJ de Rooy / dR Amsterdam on account of the agreement (or previous/subsequent agreements), and for as long as the consumer has not (yet) performed the tasks arising from this or similar agreements, and for as long as the consumer has not yet met the demands for payment by HJ de Rooy / dR Amsterdam for failing to comply with their obligations, by which it is also understood to include demands for payment pertaining to penalties, interests and costs; as meant in article 3:92 of the Civil Code.
12.2 The goods delivered by HJ de Rooy / dR Amsterdam that fall under the reservation of title may only be sold on within the context of ordinary activities and may never be used as a means of payment.
12.3 The consumer is not authorised to pledge the goods falling under the reservation of title, nor to convey them in any other way.
12.4 The consumer gives implicit and irrevocable consent to HJ de Rooy / dR Amsterdam or to a third party appointed by HJ de Rooy / dR Amsterdam, to enter any premises where its property is held and to remove all the goods, in all instances where HJ de Rooy / dR Amsterdam wishes to exert its ownership interest.
12.5 If a third party seizes the goods delivered under reservation of title or wishes to attach/apply rights upon them, the consumer is obliged to inform HJ de Rooy / dR Amsterdam of this as quickly as can in all reasonableness be expected.
12.6 The consumer must insure (and keep insured) the goods delivered under reservation of title, against fire, explosion and water damage and theft, and to submit the insurance policy for inspection to HJ de Rooy / dR Amsterdam upon first request.
13. Applicable law/forum of jurisdiction
13.1 Dutch law applies to all agreements.
13.2 The forum of jurisdiction within the administrative district of HJ de Rooy Lederwaren BV’s location handles all disputes arising from an agreement between HJ de Rooy / dR Amsterdam and a consumer that cannot be mutually resolved, unless HJ de Rooy / dR Amsterdam indicates its preference to file the dispute with the forum of jurisdiction in the consumer’s domicile; barring those disputes that fall under the authority of the sub-district court judge.
14. Conditions for use of the Buy Now Pay Later option (if offered as a means of payment)
14.1. As a consumer you reside in the United Kingdom and as a customer of HJ de Rooy / dR Amsterdam you have bought products and/or services with an invoice and delivery address in the Netherlands (no post box).
14.2. You are over 18 years of age.
14.3. So as to limit the financial risks of this payment option, your order is assessed by an affiliate agency. This assessment helps HJ de Rooy / dR Amsterdam to determine if it will accept your request for Buy Now Pay Later. If your request is not accepted, you shall be asked to pay for the order by means of a different advance payment option.
14.4. You confirm that all (supplementary) data required for your Buy Now Pay Later request, is full and complete, and you give your consent for your details to be processed and assessed online, so that we can promptly notify you if your request has been accepted or not.
14.5. You are obliged to notify HJ de Rooy / dR Amsterdam of each change of (email) address. For as long as we do not receive a change of address notification from you, you are deemed to be residing at your last known address in our files. Irrespective of whether you notify us of a change of address, you are obliged to pay any balances outstanding. (Email) address changes can be passed on via the HJ de Rooy / dR Amsterdam website by email, or in writing to HJ de Rooy / dR Amsterdam Customer Services.
14.6. You confirm you have not requested suspension of payment or are under debt restructuring/arbitration (pursuant to the Natural Persons Debt Rescheduling Act ), are not declared bankrupt or under legal restraint and that no court case is taking place that could result in bankruptcy, suspension of payment or becoming under legal restraint.
15. Buy Now Pay Later option general: payment method (if offered as a means of payment)
15.1. HJ de Rooy / dR Amsterdam outsources payment processing. If on behalf of, or upon the instruction of, HJ de Rooy / dR Amsterdam your request is accepted, aside from the (digital) invoice you will shortly thereafter receive an email with a payment link. On both the invoice and in the email with a payment link it states how (upon receipt of the goods and/or services) you must pay the invoice.
15.2. You acknowledge that the payment service offers services for the purposes of processing online payments by you to HJ de Rooy / dR Amsterdam and that within that context the payment service presents or shall present notifications and information, and performs or shall perform transactions on behalf of HJ de Rooy / dR Amsterdam; which is also acknowledged as such by you as a valid and correct notification, information and/or transaction made by or on behalf of HJ de Rooy / dR Amsterdam.
15.3. The aforementioned invoice states how you (upon receipt of the goods and/or services) must pay the invoice. To facilitate this, the payment service will send you an email with a payment link, with which you can pay the invoice. Always pay on time according to the instructions listed on the invoice or via the email with a payment link. This precludes additional costs incurred for late payment.
15.4. In order to receive the email with a payment link it is vital you provide us with a correct email address. Should you fail to provide us with a correct email address, you will not receive payment information via the email with a payment link. Please check your provided email address is correct, and also check receipt of the email with a payment link for the payment service in question.
16. Buy Now Pay Later option: payment conditions and payment terms
16.1. The outstanding amount for your purchases must be received in full by the payment service in question within fourteen (14) days of the invoice date, without any deductions or off-setting.
16.2. Should you fail to pay the entire invoice amount within fourteen (14) days of the invoice date you are in default, without any further formal notice being given.
16.3. Upon overrunning of the payment term HJ de Rooy / dR Amsterdam is entitled to charge compensation for acquiring out-of-court settlement costs (surcharges). These surcharges can run up to the legally permitted compensation maximum for acquiring out-of-court settlement costs (collection costs). Once these surcharges have been charged for, you must pay the entire invoice amount with immediate effect, as well as any surcharge(s) in order to avoid further (out of) court collection costs.
16.4. We use the email provided (and checked) by you for sending the payment reminder and the incurred surcharges in the event of the payment term being overrun. For this you will receive an email with a payment link. The inability to receive an email does not waive your responsibility of prompt payment of the entire invoice amount, plus any incurred surcharges.
16.5. If, despite a summons and/or reminders, you fail to pay the entire invoice amount (invoice amount as well as any surcharges), then pursuant to its General Terms and Conditions HJ de Rooy Lederwaren shall hand over your entire case to the payment service in question, thirty five (35) days after the invoice date (principal amount as well as surcharges etc).
16.6. If a demand for payment is handed over to the payment service in question then, aside from being liable for payment of the entire demand, you must also pay the legally maximum compensation for acquiring out-of-court settlement costs (collection costs) as well as any (potential) court collection costs, and statutory interest shall be charge on the amount owing as of the due date. Following the handover, the payment service in question shall contact you with information on how to pay, and in that case you are (and shall remain) obliged to pay the amount due.
16.7. Following handover of the demand for payment you are obliged to notify the payment service in question (or the debt collection agency appointed by them) of any change of (email) address during the period you are under an obligation to pay the amount owing. For as long as we fail to receive a change of address from you, you are deemed to be residing at the last known address in our files and in that case you remain obliged to pay the amount due. You can notify the payment service in question of any change of (email) address in writing. The contact details can be found on our website under the logo of the payment service in question.
16.8. If you do not (fully) pay the entire amount on time (invoice amount plus surcharges), this can impact any potential approval by the payment service in question of each subsequent request made by you for the Buy Now Pay Later option.
17. Privacy Statement of the payment service in question
By selecting the Buy Now Pay Later option the details filled in by you and your payment history is included in the database of the payment service in question, who in turn may statistically use these details (or instruct them to be used) for creditworthiness assessment for Buy Now Pay Later requests.
If applicable, you will receive written notification as to why the payment service in question refused your request.
18.2. Google Analytics is a web analysis service provided by Google Inc. These cookies provide HJ de Rooy / dR Amsterdam with insight into its website visitors, e.g. visit numbers, popular pages and subjects. This enables HJ de Rooy / dR Amsterdam to fine-tune its communication to the needs of its website visitors. HJ de Rooy / dR Amsterdam cannot see who (which PC) visits its website, however, as the service provider, Google can.
18.3. Social Media. If you have a Facebook account, Facebook can place cookies on your PC via HJ de Rooy / dR Amsterdam that are necessary for ‘liking’ messages and for updating your status.