Terms

TERMS & CONDITIONS ROADTHRIFTERS

CONTENTS

Article 1 – Definitions

Article 2 – The Entrepreneur’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Right of withdrawal and costs

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Compliance and extra guaranty

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

Article 15 – Additional or varying provisions

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Reflection period: the period during which the Consumer may use his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
3. Day: calendar day;
4. Continuing performance contract: a contract serving to deliver goods, 
services and/or digital content in a given period;
5. Sustainable data carrier: any means, including email, that allow the 
Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
6. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
7. Standard form for withdrawal: the European standard form for withdrawal;
8. Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
9. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
10. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
11. Terms and conditions: The present Terms and Conditions of the entrepreneur.

Article 2 – The Entrepreneur’s identity

ROADTHRIFTERS:

Ingrid Bakker & Elise Bakker

(This is not a visiting adres or showroom)

Geerde 6

5142NP

Waalwijk

The Netherlands

Telephone number: +31642319630 (Monday – Friday from 9AM until 5PM. Whatsapp: 24/7)

Email address: info@roadthrifters.com

Chamber of Commerce number: 73178039;

VAT identification number: NL859387707B01


Article 3 – Applicability 


These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

1. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
2. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer ́s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
3. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
4. If one or more definitions in these terms and conditions at any moment partly or entirely nullify, the rest of the conditions still apply  for the remaining condition. The concerning condition will be changed in mutual agreement and in the “spirit” of these terms and condition.
5. Situations that aren’t stated in these terms and conditions need to be settled in the “spirit” of these terms and conditions.
6. Uncertainties about the explanation or content of one ore more of our conditions, need to be explained in the “spirit” of  these terms and conditions.

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer is not-bindingly. The entrepreneur is authorized to change the offer.
3. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
4. All pictures are indications and can not be a reason to annul the agreement.
5. Pictures listed at the products are true rendition of the products. The entrepreneur can’t guarantee that the color of the pictures look the same in real-life.
6. Size are described as accurate as possible with measurements, but please keep in mind that sizes nowadays can differ to sizes used back then.
7. All clothes are secondhand and used by other people. Minor spots, fading and a used look can be the case for these clothes.
8. These minor defects, described in paragraph 7 will be described as conditions of our products. We use numbers from 1 to 10 out of 10 to give you an as accurate as possible idea on the condition of the product. We mostly use 6,7,8,9 or 10 out of 10. This is because we do our best to provide you vintage items which are still in a nice and wearable condition. 6/10 means that the item has some spots, stains, scratches or other signs of use which are visible. 7/10 Means that the item has some signs of use which are minor and not that visible. 8/10 Means that the items is in a good condition with some minor flaws which are almost not notable. 9/10 Means that the product is in an as good as new condition without any signs of use or color fadings. 10/10 means that the product we provide is vintage, but new with tags.
9. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.  Concerning:

• Price included taxes.
• Shipping costs
• The way the agreements will be established and how it will be executed.
• Whether the right of withdrawal will apply or not.
• Way of payment, delivery and execution of the agreement.
• The term for acceptance of the offer and the term were prices are guaranteed
• If the agreement will be documented, and how it will be documented
• The term after the agreement to change the given data by the consumer.

Article 5 – The agreement

1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier: A. the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints;
 the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal; 
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract; 
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
7. Every contract is settled under condition of enough availability of the products.

Article 6 – Right of withdrawal

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
3. If the consumer exercises the right of withdrawal, the consumer is obligate to contact the entrepreneur within 14 days, after receiving the goods by means of using the standard form for withdrawal. After the consumer revealed to withdrawal, he needs to return the goods within 14 days. The consumer needs to prove the return shipping with a tracking number.
4. If the consumer not revealed to withdrawal after the terms in paragraph  2 and 3, the purchase is a fact.

Article 7 – Right of withdrawal and costs.

 If the Consumer exercises his right of withdrawal, the return costs are accounted for the consumer.

1. If the consumer paid a certain amount, the entrepreneur will pay this back as soon as possible, but at last 14 days after the consumer exercises the right of withdrawal.  Under one condition: The entrepreneur received the returned goods.

Article 8 – Exclusion of the right of withdrawal

1. The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement.
2. Excluding right of withdrawal is possible for the following product:

• Services agreements, after full performance of the service, but only if the performance started with the Consumer’s explicit prior consent; and 
the Consumer stated that he will lose his right of withdrawal as soon as 
the Entrepreneur has fully performed the agreement.
• Products manufactured in accordance with the Consumer’s specifications 
which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
• Products that can not be returned;
• Perishable products or products with a limited durability;
• Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
• Newspapers, periodicals or magazines, with the exception of subscriptions to them;
• Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
• Sealed products which are for health or hygiene reasons not suitable for being 
returned and of which the seal was broken.

Article 9 – The price

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
   1. they are the result of legal regulations or stipulations, or
   2. the Consumer has the authority to cancel the contract before the day on 
which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
6. In case of a misprint, the entrepreneur is not obligate to deliver the products for the wrong price.

Article 10 – Performance of an agreement and extra Guarantee

 The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

1. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
2. Defects or wrongly delivered products need to be mentioned within 4 weeks after delivery. Return delivery needs to be shipped in the original box and the condition of the product needs to be the same as when the consumer received it.
3. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
4. Guarantee will no apply if:

• The consumer/third party repaired or fixed a product their selves.
• Theproducts were exposed to abnormal circumstances.

Article 11 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. It may be possible when ordered a product when you are outside of Europe that there will be customs fees. Unfortuenately the Entrepreneur cannot garantee if there will be customs fees on the order or what the costs of it will be. The consumer is responsible for these fees.
3. The place of delivery is at the address given by the Consumer to the Entrepreneur.
4. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
5. All delivery dates are indicative. No compensations can be made if these delivery dates are longer than expected.
6. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
7. If the entrepreneur is not able to deliver a certain product, the entrepreneur will try to arrange a comparable product for the consumer. At last on the deliver date, it will be clarified in a clear way that a comparable product will be delivered to the consumer.  Costs for possible returns are will be accounted for the entrepreneur.
8. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

Article 12 – Payment

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 7 days after the period of reflection, or if there is no period of reflection within 7 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
3. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.

Article 13 – Complaints procedure

1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a 7 days after the Consumer discovered the defects
3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
5. If there’s a complaint, firstly the customer needs to contact the entrepreneur. If they’re no able to come to a agreement, the consumer needs to contact the European ODR platform (http://ec.europa.eu/odr).
6. A complaint doesn’t suspend the duties of the entrepreneur, unless the entrepreneur has written other wise.
7. If the complaint is well-grounded regarding the entrepreneur, the product will be repaired or replaced for free.

Article 14 – Disputes

1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services that the Entrepreneur must deliver or has already delivered can be submitted by both the Consumer and the Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When the Entrepreneur wishes to file the dispute to the Geschillencommissie, the Consumer must speak out in writing within five weeks after a written request made by the Entrepreneur whether he so desires or wants the dispute to be dealt with by the competent court. If the Entrepreneur has not heard of the Consumer’s option within the period of five weeks, the Entrepreneur is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
A decision made by the Geschillencommissie is a binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at the hearing and delivered a final award.
8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, the disputes that are mainly related to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the disputes committee recognised by and affiliated with the SGC or Kifid is competent.
9. CISG (Vienna sales convention does not apply .

Article 15 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.