GENERAL TERMS AND CONDITIONS

These are the General Terms and Conditions of ROEWS B.V. (hereinafter referred to as “ROEWS”), a company having its registered office at Fahrenheitstraat 20, Amsterdam. ROEWS is registered at the Trade Register of the Chamber of Commerce under number 97614750.


Definitions

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:

 

Terms and Conditions: these general terms and conditions.

Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

Day: calendar day;

Digital Content: data produced and delivered in digital form;

Distance Contract: a contract concluded by ROEWS and the Consumer within the scope of an organized 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;

Reflection Period: the period during which the Consumer may use his right of withdrawal;

Sustainable Data Carrier: any means, including email, that allow the Consumer or ROEWS 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;

Standard Form for Withdrawal: The European standard form for withdrawal included in Appendix;

ROEWS: the company ROEWS B.V., located at Fahrenheitstraat 20, in Amsterdam and registered with the Trade Register of the Dutch Chamber of Commerce under number 97614750; and

Website: name of the website of ROEWS, being www.roews.com.

 

Applicability

1. These General Terms and Conditions apply to any offer from ROEWS and to any Distance Contract concluded by ROEWS and the Consumer.

2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, ROEWS shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise free of charge, before the Distance Contract is concluded.

3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article 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.

The offer

1. Obvious errors or mistakes in the offer are not binding for ROEWS.

2. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

The contract

1. 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, ROEWS shall confirm the receipt of acceptance of the offer without delay via electronic means.

3. By accepting the offer, the Consumer automatically accepts the Terms & Conditions.

Right of withdrawal

1. The Consumer can dissolve a purchase contract for a product without giving reasons during a Reflection Period of 14 days.

2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:

a. if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the last product. ROEWS may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or

b. in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the last batch or the last part, or

c. in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the first product.

3. The Reflection Period referred to in Article 2 in this paragraph starts on the Day following the conclusion of the agreement.

International Returns

1. International returns must be sent to the address communicated by ROEWS via email after the withdrawal request.
2. The Consumer bears the cost and risk of returning the product from outside the Netherlands, unless otherwise agreed in writing.
3. Customs duties and import taxes paid upon import will always remain the responsibility of the Customer. The Consumer may contact the local customs office for a possible refund.


Consumer’s obligations during the Reflection Period

1. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.

Exercising the consumer’s right of withdrawal

1. If the Consumer exercises his right of withdrawal he shall notify ROEWS unambiguously with the Standard Form for Withdrawal within the Reflection Period. See Appendix.

2. The Consumer shall return the product or deliver it to (the authorized representative of) ROEWS as soon as possible but within 14 Days after notification. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.

3. The Consumer shall return the product with all delivered accessories, in the original state and if reasonably possible in the original packaging and in conformity with reasonable and clear instructions given by ROEWS.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

5. The Consumer shall bear all costs of returning the product.

Obligations of ROEWS in case of withdrawal

1. If ROEWS makes the notification of withdrawal, ROEWS shall send a return label by email without delay.

2. ROEWS shall reimburse payments made by the Consumer for any purchased products, including the shipping costs of the original order, within 14 Days following the Day on which the Consumer has notified ROEWS of the withdrawal.

3. ROEWS will reimburse any payments via the same payment method used by the consumer

Exclusion of the right of withdrawal

ROEWS can exclude the following from the right of withdrawal:

1. Services agreements, after full performance of the service, but only if

(i) the performance started with the Consumer’s explicit prior consent; and (ii) the Consumer stated that he will lose his right of withdrawal as soon as ROEWS has fully performed the agreement.

2. 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.

3. Perishable products or products with a limited durability.

1. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.

2. Sealed audio and video recordings and computer programs of which the seals were broken after delivery.

3. Newspapers, periodicals or magazines, with the exception of subscriptions to them.

4. The delivery of Digital Content other than on a physical carrier, but only if (i) the performance was started with the Consumer’s explicit prior consent, and (ii) the Consumer stated that he will lose his right of withdrawal by doing so.

5. Products have been worn, washed, used or damaged

Pricing 

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, unless the change in price is due to a change in VAT rates.

2. Contrary to paragraph 1 of this Article, ROEWS may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of ROEWS, 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. All prices indicated in the provision of products or services for customers inside the European Union are including VAT. For Consumers outside the European Union, prices displayed on the Website do not include VAT, import duties, or local taxes. The total payable amount may vary depending on the applicable duties or exchange rates at the time of delivery.
   

Performance agreement and extra guarantee

1. ROEWS 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.

2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or due to negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.

 

Delivery and execution agreement

1. ROEWS shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is the address which the Consumer has provided to ROEWS 

3. The Consumer shall provide ROEWS with the correct delivery address and mail address. Any changes need to be reported immediately to ROEWS. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer. ROEWS is not responsible for delivery to wrong addresses, incorrect delivery by the carrier or costs for undeliverable products.

4. Delivery takes place while supply lasts.

5. The ownership of the products will be transferred to the Consumer upon Delivery and only after full payment of the sum due. The risk of the products passes upon delivery to the Consumer.

6. ROEWS 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 30 days after ordering. In such cases, the Consumer is entitled to dissolve the contract free of charge.

7. After dissolution in accordance with paragraph 6 of this Article, ROEWS shall reimburse the payment made by the Consumer.

8. The risk of loss and/or damage to products will be borne by ROEWS until the time of delivery to the Consumer or a representative appointed in advance and made known to ROEWS, unless explicitly agreed otherwise.

9. For deliveries outside the Netherlands, the risk of delay or loss caused by customs procedures or international carriers beyond ROEWS’s control does not entitle the consumer to compensation.

International Deliveries

1. ROEWS delivers products to customers within and outside the European Union, to the countries listed on the Website.
2. Delivery times and shipping costs vary by destination and will be displayed during checkout. Any estimated delivery times are indicative only.
3. For orders delivered outside the European Union, the Consumer is responsible for payment of any import duties, taxes, and customs fees that may be levied by the destination country. These charges are not included in the purchase price or shipping costs charged by ROEWS.
4. Customs procedures in the country of destination may cause delays in delivery. ROEWS is not liable for delays caused by customs clearance or other circumstances beyond its control.
5. The Consumer is responsible for ensuring that the ordered products can legally be imported into the destination country and comply with local regulations.
6. If a package is refused by customs or the Consumer due to unpaid duties or taxes, ROEWS may deduct any related costs (including return shipping fees) from the refund.

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 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. 

2. The Consumer has the duty to inform ROEWS without delay of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

 

Force Majeure

1. Notwithstanding anything to the contrary contained herein, the obligations in the agreement may be cancelled by ROEWS due to cause(s) beyond the reasonable control that would render the Delivery of the products hereunder impossible. Such causes shall include, but not be limited to: (threat of) acts of God; weather; acts of war; riot; fire; explosion; accident; flood; pandemic; epidemic; sabotage or terrorist act; strike(s), technical failures beyond reasonable control, or other causes of a similar or different nature beyond the reasonable control of ROEWS hereto. ROEWS shall not be held liable for any losses, costs or damages whatsoever suffered by the Consumer.

2. In the event that the contract is cancelled due to Force Majeure, which makes the Delivery of products impossible, ROEWS shall refund the Consumer within ten (10) days of the day the contract is cancelled.

Complaints procedure 

1. ROEWS shall have a sufficiently disclosed complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with ROEWS.

3. The complaints submitted to ROEWS shall be replied within a period of 7 dagen after the date of receipt. Should a complaint require a foreseeable longer time of handling, ROEWS shall respond within 7 dagen with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

The European Commission provides an Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/. Consumers may use this platform to resolve disputes.

Privacy and security

ROEWS respects the privacy of the Consumer. ROEWS treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, ROEWS observes appropriate security measures.

When processing international orders, ROEWS may transfer certain personal data to shipping and logistics partners located outside the European Economic Area (EEA). In such cases, ROEWS ensures that appropriate safeguards are in place to protect the Consumer’s data, in accordance with applicable data protection laws.

For more information about privacy, reference is made to the Website of ROEWS.

Additional provisions

1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.

2. The administration of ROEWS serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.

3. ROEWS is entitled to transfer the rights and obligations under the contract with the Consumer to a third party, without notification to the Consumer.

4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, ROEWS shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

LIMITED LIABILITY

Applicable law

These General Terms and Conditions, and any non-contractual obligations arising thereto, between ROEWS and the Consumer are governed exclusively by the laws of The Netherlands.
This choice of law does not affect any mandatory consumer protection provisions that apply in the country of the Consumer’s habitual residence.


Appendix

Standard Form for Withdrawal

 

To: ROEWS B.V., Fahrenheitstraat 20, domiciling at Amsterdam.

Email address: hello@roews.com

 

I hereby inform you that I wish to revoke our agreement on the following order:

 

Order number:

Ordered/received on (dd-mm-yyyy):

Fill in the date on which you received your order or the date of your order.

 

First name and surname:

Street name + house number:

ZIP code:

Place of domicile:

Email address:

Date:

  

Signature

Sign this form only if you will not send this form by e-mail or ordinary post.