Algemene voorwaarden
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exceptions to the Right of Withdrawal
Article 9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuing Agreements: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal; read all information about the withdrawal period
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the trader
Day: calendar day
Continuing agreement: a distance agreement relating to a series of products and/or services for which the delivery and/or purchase obligations are spread over time
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future access and unchanged reproduction
Right of withdrawal: the consumer’s right to withdraw from the distance agreement within the withdrawal period
Standard form: the standard withdrawal form provided by the trader that the consumer may use
Trader: the natural or legal person who offers products and/or services to consumers remotely
Distance agreement: an agreement concluded as part of an organised distance-selling system in which only means of distance communication are used
Means of distance communication: a method that can be used to conclude an agreement without the consumer and trader being physically present in the same place at the same time
General Terms and Conditions: these General Terms and Conditions
Article 2 – Identity of the Trader
Email: support@getrestiva.com
Company name: Available upon request
Company registration number: Available upon request
VAT number: Available upon request
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
Before an agreement is concluded, these General Terms and Conditions must be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the terms can be viewed and that they can be sent free of charge upon request.
For agreements concluded electronically, the terms must be made available digitally in a format that allows the consumer to save them.
Where specific product or service terms apply in addition to these General Terms and Conditions, the consumer will always be entitled to rely on the provision that is most favourable to them.
If any provision is invalid, this will not affect the validity of the remaining provisions.
Situations not covered by these General Terms and Conditions must be interpreted in accordance with their purpose and spirit.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated.
Offers are non-binding and may be changed.
Descriptions of products and services must be accurate and sufficiently detailed.
Images are representative, but colours may differ from the actual products.
Obvious errors or mistakes are not binding on the trader.
All images and specifications are indicative.
The offer must clearly state:
the price, including taxes
any shipping costs
how the agreement is concluded
whether the right of withdrawal applies
available payment and delivery methods
the validity period of the offer
the costs of communication
whether the agreement will be stored
the consumer’s ability to check and correct information
the languages in which the agreement may be concluded
applicable codes of conduct
the minimum duration of the agreement
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer.
Electronic orders will be confirmed immediately.
The trader will take appropriate security measures for online payments.
Orders may be refused where there is a suspected risk.
The following information must be provided:
contact address
information about the right of withdrawal
warranty information
details of the agreement
termination conditions
All agreements are subject to product availability.
Article 6 – Right of Withdrawal
For the purchase of products:
The consumer has 14 days to withdraw from the purchase.
The product must be handled with care and returned in its original condition.
The consumer must notify the trader of the withdrawal within 14 days. The product must then be returned within a further 14 days.
Proof of return is required.
For services:
The right of withdrawal applies for at least 14 days from the start of the agreement.
Article 7 – Costs in the Event of Withdrawal
The consumer is responsible for the return shipping costs.
A refund will be issued within 14 days after the returned product has been received.
The consumer may be charged for damage caused by improper handling.
The trader will not be liable if the required information is missing.
Article 8 – Exceptions to the Right of Withdrawal
Exceptions include:
- custom-made products
- personalised products
- hygiene products where the seal has been broken
- products that spoil or expire quickly
- media products where the seal has been broken
Services booked for a specific date or time may also be excluded.
Article 9 – Price
Prices will not change during the validity period of an offer, except in the event of changes to VAT rates.
Variable prices may apply.
All prices include VAT.
Printing and typographical errors are reserved.
Article 10 – Conformity and Warranty
Products must comply with their description and applicable legal requirements.
Any commercial warranty does not affect the consumer’s statutory rights.
Defects must be reported within two months.
The warranty does not apply in cases of improper use.
Article 11 – Delivery and Performance
Delivery will be made to the address provided by the consumer.
Delivery will take place within 30 days unless otherwise agreed.
In the event of a delay, the consumer may cancel the purchase.
The risk passes to the consumer upon delivery.
Article 12 – Continuing Agreements
The consumer may terminate an agreement with a notice period of no more than one month.
Automatic renewals are restricted.
Agreements lasting longer than one year may be terminated after the first year.
Article 13 – Payment
Payment must be made within seven business days.
Errors in payment details must be reported immediately.
Additional fees may be charged in the event of non-payment.
Article 14 – Complaints
Complaints must be submitted within two months.
A response will be provided within 14 days.
Disputes may be resolved through WebwinkelKeur or the European Union’s Online Dispute Resolution platform.
Approved complaints will result in repair or replacement.
Article 15 – Disputes
Dutch law applies exclusively.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions may not be disadvantageous to the consumer and must be recorded in writing.