GENERAL TERMS AND CONDITIONS 2019
For online purchases via https://www.rafvisser.nl
1.1 These general terms and conditions apply to all offers of Raf Visser Exclusive Looks. The conditions are accessible to everyone and can be found on the internet site of https://rafvisser.nl. On request we will send you a written copy. 1.2 By placing an order you indicate that you agree to the terms of delivery and payment. Raf Visser Exclusive Looks reserves the right to change its delivery and/or payment conditions after the expiry of the term. 1.3 Unless otherwise agreed in writing, Raf Visser Exclusive Looks does not recognise the general or specific conditions or stipulations of third parties. 1.4 Raf Visser Exclusive Looks guarantees that the delivered product complies with the agreement and the specifications stated in the offer.
2.1 Delivery takes place as long as stocks last. 2.2 Within the framework of the rules of distance selling, Raf Visser Exclusive Looks shall execute orders at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will be informed within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default. 2.3 The delivery obligation of Raf Visser Exclusive Looks shall, unless there is evidence to the contrary, be fulfilled as soon as the goods delivered by Raf Visser Exclusive Looks have once been offered to the buyer. In the case of home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver. 2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the mentioned terms.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases. 3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. 3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 In case of a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered goods have been delivered. If the buyer has not returned the delivered goods to Raf Visser Exclusive Looks after this period has expired, the purchase is a fact. The buyer is obliged, before returning the goods, to notify Raf Visser Exclusive Looks in writing within 14 working days after delivery. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph lapses. Subject to the provisions of the previous sentence, Raf Visser Exclusive Looks shall ensure that within 30 days of proper receipt of the return shipment, the full purchase price including the calculated shipping costs is refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer. 4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and shall in no case relate to services. 4.3 The right of withdrawal does not apply to: services of which the execution, with the consent of the consumer, has started for the period of fourteen working days goods or services the price of which is subject to fluctuations in the financial market over which the supplier has no influence goods made to the consumer's specifications, e.g. made to measure, or which have a clearly personal character for goods or services which by their nature cannot be returned, for example for reasons of hygiene or which can deteriorate or age quickly audio and video recordings and computer software of which the consumer has broken the seal
5. Data management
If you place an order with Raf Visser Exclusive Looks, your data will be included in the customer database of Raf Visser Exclusive Looks. Raf Visser Exclusive Looks adheres to the Data Protection Act and will not provide your data to third parties. See our Privacy Statement. 5.2 Raf Visser Exclusive Looks respects the privacy of the users of the internet site and ensures a confidential treatment of your personal data. 5.3 In some cases Raf Visser Exclusive Looks uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. 6.2 A scheme offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer may assert against the trader in respect of a shortcoming in the fulfilment of the trader's obligations under the law and/or the distance contract. 6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, faulty or incomplete, the buyer must (before returning the goods to Raf Visser Exclusive Looks) immediately report these faults in writing to email@example.com. Any defects or incorrectly delivered goods must and can be reported to Raf Visser Exclusive Looks in writing no later than 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of default, damage caused after detection of default, encumbrance and/or resale after detection of default, this right to complain and return completely lapses. 6.4 If complaints from the buyer are found to be justified by Raf Visser Exclusive Looks, Raf Visser Exclusive Looks shall, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the buyer regarding compensation, on the understanding that the liability of Raf Visser Exclusive Looks and therefore the amount of compensation shall always be limited to a maximum of the invoice amount of the goods concerned, or (at Raf Visser Exclusive Looks' discretion) to the maximum amount covered by the liability insurance of Raf Visser Exclusive Looks in the case concerned. Any liability of Raf Visser Exclusive Looks for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage or damage due to loss of profit. 6.5 Raf Visser Exclusive Looks shall not be liable for damage caused by intent or equivalent wilful recklessness of non-managerial personnel. 6.6 This warranty does not apply if: A) and as long as the buyer is in default towards Raf Visser Exclusive Looks; B) the buyer has parried and/or processed the delivered goods himself or had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or contrary to the instructions of Raf Visser Exclusive Looks and/or instructions for use on the packaging have been treated; D) the defectiveness is wholly or partially the result of regulations that the government has or will have imposed with regard to the nature or quality of the materials used;
7.1 Offers are without obligation, unless otherwise stated in the offer. 7.2 If the buyer accepts a non-binding offer, Raf Visser Exclusive Looks reserves the right to revoke or deviate from the offer within 3 working days of receipt of the acceptance. 7.3 Verbal undertakings shall only be binding on Raf Visser Exclusive Looks after they have been explicitly confirmed in writing. 7.4 Offers of Raf Visser Exclusive Looks do not automatically apply to repeat orders. 7.5 Raf Visser Exclusive Looks cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error. 7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8.1 An agreement between Raf Visser Exclusive Looks and a customer is concluded after an order has been assessed for feasibility by Raf Visser Exclusive Looks. 8.2 Raf Visser Exclusive Looks reserves the right, without giving reasons, not to accept orders or assignments or only to accept them under the condition that the shipment is made cash on delivery or after payment in advance.
9. Pictures and specifications
9.1 All images, photographs, drawings etc.; among other things data concerning weights, dimensions, colours, images of labels, etc. on the website of Raf Visser Exclusive Looks are only approximate, indicative and cannot be used as a reason for compensation or dissolution of the agreement.
10. Force majeure
10.1 Raf Visser Exclusive Looks is not liable if and insofar as its obligations cannot be fulfilled due to force majeure. 10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at Raf Visser Exclusive Looks' risk. Delays or non-performance by our suppliers, disruptions in the Internet, power failures, e-mail traffic failures and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Raf Visser Exclusive Looks as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport means are explicitly considered as force majeure. 10.3 In case of force majeure Raf Visser Exclusive Looks reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. Under no circumstances is Raf Visser Exclusive Looks obliged to pay any fine or damages. 10.4 If Raf Visser Exclusive Looks has already partially fulfilled its obligations at the time of the force majeure, or can only partially fulfil its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the buyer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11.1 Raf Visser Exclusive Looks is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, please read the instructions on the packaging and/or consult our website.
12. Reservation of title
12.1 Ownership of all goods sold and delivered by Raf Visser Exclusive Looks to the buyer shall remain with Raf Visser Exclusive Looks as long as the buyer has not paid Raf Visser Exclusive Looks' claims under the agreement or earlier or later similar agreements, as long as the buyer has not yet paid for the work performed or still to be performed under these or similar agreements and as long as the buyer has not yet paid the claims of Raf Visser Exclusive Looks due to shortcomings in the performance of such obligations, including claims relating to fines, interest and costs, as referred to in article 3:92 BW. 12.2 The goods delivered by Raf Visser Exclusive Looks which are subject to retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment. 12.3 The buyer is not authorised to pledge or encumber in any other way the goods that fall under the retention of title. 12.4 The buyer hereby unconditionally and irrevocably authorizes Raf Visser Exclusive Looks or a third party to be appointed by Raf Visser Exclusive Looks, in all cases in which Raf Visser Exclusive Looks wishes to exercise its property rights, to enter all those places where its property will then be located and to take these goods with it. 12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform Raf Visser Exclusive Looks as soon as can reasonably be expected. 12.6 The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Raf Visser Exclusive Looks on first request.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law. 13.2 Disputes arising from an agreement between Raf Visser Exclusive Looks and the buyer, which cannot be resolved by mutual agreement, shall be submitted to the competent court within the district of Oost Brabant, unless Raf Visser Exclusive Looks prefers to submit the difference to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.