Terms of service

General Terms and Conditions – RARE RAVERS

Table of Contents:

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Obligations of the Consumer During the Cooling-off Period
8. Exercise of the Right of Withdrawal by the Consumer and Associated Costs
9. Obligations of the Entrepreneur in Case of Withdrawal
10. Exclusion of the Right of Withdrawal
11. The Price
12. Performance and Additional Warranty
13. Delivery and Execution
14. Long-Term Transactions: Duration, Termination, and Renewal
15. Payment
16. Complaints Procedure
17. Disputes
18. Copyright and Use of Images
19. RARE RAVERS gift card
20. Orders from the United Kingdom (UK)
21. Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
2. Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.
3. Consumer: The natural person who does not act for purposes related to their trade, business, craft, or professional activity.
4. Day: Calendar day.
5. Digital Content: Data that is produced and supplied in digital form.
6. Long-Term Agreement: An agreement that provides for the regular delivery of goods, services, and/or digital content over a specified period.
7. Durable Medium: Any tool—including email—that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use during a period appropriate to the purpose of the information, and that allows unchanged reproduction of the stored information.
8. Right of Withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.
9. Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.
10. Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, whereby one or more means of remote communication are exclusively or partially used up to and including the conclusion of the contract.
11. Means of Remote Communication: A method that can be used to conclude a contract without the simultaneous physical presence of the consumer and entrepreneur in the same space.

Article 2 – Identity of the Entrepreneur

Company Name: RareRavers
Trade Name: RARE RAVERS
Registered Address: De Bokkelaren 51, 5231BN, ‘s-Hertogenbosch
Email: info@rareravers.com
Chamber of Commerce (KvK) Number: 94014035
VAT Number: NL866604145B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract 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 distance contract is concluded how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer’s request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what their rights and obligations are upon accepting the offer.

Article 5 – The Agreement

1. The agreement is established, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the legal framework, check whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible remote contract. If the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored on a durable medium:
   a. The entrepreneur's business address where the consumer can lodge complaints.
   b. The conditions and procedure for exercising the right of withdrawal or a clear statement that the right of withdrawal does not apply.
   c. Information on warranties and after-sales service.
   d. The price, including all taxes, shipping costs, and the method of payment and delivery.
   e. The requirements for contract termination if it has a duration of more than one year or an indefinite term.
   f. If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of Withdrawal

1. The consumer can dissolve an agreement for the purchase of a product within a 14-day cooling-off period without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require them to state it.
2. The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer (who is not the carrier), has received the product.
3. If the consumer has ordered multiple products in one order, the cooling-off period begins the day the last product is received. The entrepreneur may refuse an order of multiple products with different delivery times if they have clearly informed the consumer of this before the ordering process.
4. If the delivery of a product consists of multiple shipments or parts, the cooling-off period starts the day the last shipment or part is received.
5. For agreements for the regular delivery of products during a specified period, the cooling-off period starts the day the first product is received.

Article 7 – Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functioning.
3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by using the model withdrawal form or another unambiguous statement.
2. The consumer must return the product as soon as possible, but no later than 14 days after the withdrawal notification, or hand it over to the entrepreneur. The return deadline is met if the consumer sends back the product before the 14-day period has expired.
3. The consumer must return the product with all accessories, in its original condition and packaging, and in accordance with the entrepreneur’s reasonable and clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product, unless the entrepreneur has agreed to bear these costs.
6. If the consumer withdraws after first having expressly requested that the performance of a service or supply of energy, water, or digital content not supplied on a tangible medium begin during the cooling-off period, the consumer owes the entrepreneur an amount proportional to what has been performed at the time of withdrawal.
7. The consumer does not bear costs for the full or partial supply of digital content not supplied on a tangible medium if:
   a. They did not explicitly agree to start performance before the end of the cooling-off period.
   b. They did not acknowledge losing their right of withdrawal when giving consent.
   c. The entrepreneur has failed to confirm this statement by the consumer.
8. If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur enables the consumer to withdraw electronically, they must promptly send a confirmation of receipt after receiving the withdrawal notice.
2. The entrepreneur refunds all payments made by the consumer, including delivery costs (unless the consumer has chosen a more expensive delivery method than the standard offered), without undue delay and no later than 14 days after the withdrawal notification.
3. The entrepreneur uses the same payment method for reimbursement as the consumer used unless agreed otherwise.
4. The entrepreneur may withhold reimbursement until the returned product has been received or until the consumer provides proof of return, whichever comes first.
5. If the consumer has chosen a more expensive delivery method than the standard, the entrepreneur does not have to refund the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal if clearly stated before the agreement is concluded:

1. Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
2. Agreements concluded during a public auction.
3. Products manufactured according to consumer specifications or that are clearly personalized.
4. Sealed products that, for health or hygiene reasons, are unsuitable for return once unsealed.
5. Products that, due to their nature, are irreversibly mixed with other products.
6. Sealed audio, video recordings, and computer software if the seal has been broken after delivery.
7. Digital content not supplied on a tangible medium if the consumer has expressly agreed to immediate delivery and waived their right of withdrawal.

Article 11 – The Price

1. The prices of the offered products and services cannot be increased during the validity period stated in the offer, except for price changes due to legal VAT adjustments.
2. If the entrepreneur offers products or services at variable prices linked to fluctuations in the financial market, these fluctuations and the fact that prices may change will be stated in the offer.
3. Prices mentioned in offers include VAT.

Article 12 – Performance and Additional Warranty

1. The entrepreneur guarantees that the products and services comply with the contract, the specifications in the offer, and legal requirements.
2. Any additional warranty provided by the entrepreneur or a third party never limits the legal rights of the consumer.

Article 13 – Delivery and Execution

1. The entrepreneur takes the utmost care when receiving and executing product orders.
2. Delivery takes place at the address provided by the consumer.
3. The entrepreneur executes accepted orders promptly and within 30 days unless another period is agreed upon.
4. If delivery is delayed, the consumer is informed as soon as possible and has the right to terminate the contract and receive a full refund.

Article 14 – Long-Term Transactions: Duration, Termination, and Renewal

1. The consumer may terminate an indefinite contract with a one-month notice period.
2. Fixed-term contracts automatically end after the agreed duration.
3. An indefinite contract with regular deliveries may be terminated with a one-month notice period.

Article 15 – Payment

1. Payments must be made as specified in the ordering process.
2. In case of late payment, the consumer is notified and given 14 days to settle the outstanding amount before any additional charges apply.

Article 16 – Complaints Procedure

1. The entrepreneur has a complaints procedure, and complaints must be submitted clearly and fully described within a reasonable time.
2. Complaints are addressed within 14 days. If more time is needed, the consumer is informed accordingly.

Article 17 – Disputes

1. Dutch law applies to these terms and conditions.
2. Any disputes will be submitted to the competent court in the Netherlands.

Article 18 – Copyright and Use of Images

All images, texts, and content on the website and social media channels of RARE RAVERS are protected by copyright and may not be used without permission.

Article 19 - RARE RAVERS gift card

1. A RARE RAVERS gift card can only be exchanged for products on www.rareravers.com. Gift cards cannot be exchanged for cash and are not returnable or exchangeable for other payment methods.

2. The gift card is valid for 2 years after the purchase date. After the expiration date, the gift card can no longer be used and the remaining balance will expire.

3. If the purchase amount is higher than the value of the gift card, the remaining amount must be paid with another accepted payment method. If the purchase amount is lower than the value of the gift card, the remaining balance will remain available for future purchases within the validity period.

4. RARE RAVERS is not responsible for loss, theft, damage or unauthorized use of the gift card. The buyer and/or recipient is responsible for the safekeeping of the unique code.

5. Gift cards cannot be used to purchase other gift cards.

6. When returning a product purchased with a gift voucher, the refund amount will be put back on a new gift voucher. No cash refund will be made.

7. RARE RAVERS reserves the right to declare a gift voucher invalid without giving reasons if fraud, misuse or technical errors are suspected.

Article 20 – Orders from the United Kingdom (UK)

1. RARE RAVERS is not VAT-registered in the United Kingdom. All orders shipped to the UK are sent on a Delivered Duty Unpaid (DDU) basis. This means the customer is responsible for paying local import duties, VAT (approximately 20%), and any handling fees upon delivery.

2. These costs are not included in the total amount shown at checkout on our website. The carrier (such as DPD, UPS, or another party) will charge these fees upon delivery.

3. RARE RAVERS is not liable for any delays or additional costs resulting from customs procedures or refusal to pay import charges by the customer.

4. VAT and import duties cannot be reclaimed through RARE RAVERS when items are returned. Customers may contact the UK customs office to request a refund or obtain further information.

Article 21 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.