Terms of service

GENERAL TERMS AND CONDITIONS ONLINE SALES (B2C)

Article 1: Definitions

1. EvitaRoza, established in Haarlem, Chamber of Commerce number 74049801, is referred to in these general terms and conditions as the seller.

2. The counterparty of the seller is referred to in these general terms and conditions as the buyer.

3. Seller and buyer together are referred to as the parties.

4. The agreement refers to the sales contract between the parties.

Article 2: Applicability of the General Terms and Conditions

1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.

2. Deviations from these terms and conditions are only valid if expressly agreed in writing by the parties.

Article 3: Payment

1. The full purchase price must always be paid immediately in the shop. For reservations, a deposit may be required. In such a case, the buyer will receive proof of the reservation and prepayment.

2. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has fulfilled their payment obligations.

3. If the buyer remains in default, the seller will proceed with collection. The related collection costs are borne by the buyer. These costs are calculated in accordance with the Dutch “Besluit vergoeding voor buitengerechtelijke incassokosten” (Decree on Compensation for Extrajudicial Collection Costs).

4. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the seller’s claims against the buyer become immediately due and payable.

5. If the buyer refuses to cooperate in the execution of the order by the seller, the buyer is still obliged to pay the agreed price to the seller.

Article 4: Offers, Quotations, and Price

1. Offers are non-binding, unless a period for acceptance is stated in the offer. If the offer is not accepted within that period, the offer expires.

2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree this in writing.

4. Prices stated in offers, quotations, and invoices include VAT and any other government levies.

Article 5: Right of Withdrawal

1. The consumer has the right to dissolve the agreement without stating reasons within 14 days after receipt of the order (right of withdrawal). The period starts from the moment the (entire) order has been received by the consumer.

2. There is no right of withdrawal for products made to the consumer’s specifications or that are perishable.

3. The consumer may use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately upon request.

4. During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the right of withdrawal is exercised, the consumer must return the unused and undamaged product, including all supplied accessories, and — if reasonably possible — in the original packaging, to the seller, in accordance with reasonable and clear instructions provided by the seller.

Article 6: Amendment of the Agreement

1. If during the execution of the agreement it appears that changes or additions are necessary for proper performance, the parties will adjust the agreement in mutual consultation.

2. If the parties agree to amend or supplement the agreement, this may affect the time of completion. The seller will inform the buyer as soon as possible.

3. If the amendment or addition has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.

4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or addition will cause the price to be exceeded.

5. Contrary to the third paragraph, the seller cannot charge additional costs if the amendment or addition is due to circumstances attributable to the seller.

Article 7: Delivery and Transfer of Risk

1. Once the purchased goods have been received by the buyer, the risk transfers from the seller to the buyer.

Article 8: Inspection and Complaints

1. The buyer is obliged to examine the delivered goods at the time of delivery, or as soon as possible thereafter. The buyer must verify whether the quality and quantity correspond to what the parties agreed, or at least whether they meet normal trade standards.

2. Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 working days after delivery.

3. If the complaint is justified within the set period, the seller has the right to repair, replace, or cancel the delivery and issue a credit note for that part of the purchase price.

4. Minor deviations or customary variations in quality, quantity, size, or finish cannot be held against the seller.

5. Complaints about a specific product do not affect other products or components of the same agreement.

6. Once the goods have been processed by the buyer, no complaints will be accepted.

Article 9: Samples and Models

1. If a sample or model has been shown or provided to the buyer, it is presumed to be for indication only, unless expressly agreed that the delivered goods will correspond with it.

2. For agreements concerning real estate, references to size or dimensions are presumed to be for indication only, unless expressly agreed otherwise.

Article 10: Delivery

1. Delivery is made “ex works/shop/warehouse.” This means that all costs are borne by the buyer.

2. The buyer is obliged to accept the goods when the seller delivers them or makes them available under the agreement.

3. If the buyer refuses or fails to provide necessary information or instructions for delivery, the seller is entitled to store the goods at the buyer’s expense and risk.

4. If goods are delivered, the seller is entitled to charge delivery costs.

5. If the seller requires information from the buyer for execution, the delivery period begins after the buyer has provided this information.

6. Delivery times provided by the seller are indicative, never binding. If the period is exceeded, the buyer must put the seller in default in writing.

7. The seller is entitled to deliver goods in parts, unless agreed otherwise in writing. In such case, the seller may invoice the parts separately.

Article 11: Force Majeure

1. If the seller cannot, not timely, or not properly fulfill obligations due to force majeure, they are not liable for damage suffered by the buyer.

2. Force majeure includes circumstances unforeseen at the time of agreement, which prevent normal execution, such as illness, war, riots, sabotage, terrorism, power outages, floods, earthquakes, fire, strikes, lockouts, government measures, transport difficulties, or other business disruptions.

3. Force majeure also includes suppliers of the seller failing to meet their contractual obligations, unless attributable to the seller.

4. In case of force majeure preventing fulfillment, obligations are suspended. If the situation lasts 30 calendar days, parties may dissolve the agreement in writing, wholly or partly.

5. If the force majeure lasts longer than three months, the buyer may terminate the agreement immediately by registered letter.

Article 12: Transfer of Rights

1. Rights under this agreement cannot be transferred without prior written consent from the other party. This provision has effect under property law as referred to in Dutch Civil Code Article 3:83(2).

Article 13: Retention of Title and Right of Retention

1. Goods remain the property of the seller until the buyer has paid the full price. Until then, the seller may invoke retention of title and reclaim the goods.

2. If agreed advance payments are not made on time, the seller may suspend work until payment is made. In such case, the buyer cannot hold the seller liable for late delivery.

3. The seller may not pledge or otherwise encumber goods subject to retention of title.

4. The seller undertakes to insure goods subject to retention of title against fire, explosion, water damage, and theft, and to provide the policy upon request.

5. If goods have not been delivered and the buyer has not paid in accordance with the agreement, the seller may invoke the right of retention and withhold delivery until payment is completed.

6. In the event of liquidation, insolvency, or suspension of payment of the buyer, the buyer’s obligations become immediately due.

Article 14: Liability

1. Any liability for damage arising from or related to the execution of an agreement is limited to the amount paid by the liability insurance in the relevant case, plus the deductible under the policy.

2. Liability for damage caused by intent or deliberate recklessness of the seller or their managerial subordinates is not excluded.

Article 15: Duty to Complain

1. The buyer must report complaints about the work performed to the seller immediately. The complaint must be as detailed as possible so the seller can respond adequately.

2. If a complaint is justified, the seller is obliged to repair or replace the product.

Article 16: Warranties

1. If warranties are included in the agreement, the following applies. The seller guarantees that the sold goods comply with the agreement, are free of defects, and are suitable for the intended use. This warranty applies for two calendar years after receipt of the goods by the buyer.

2. The warranty aims to ensure that any breach of warranty is fully borne by the seller, and the seller may not invoke Dutch Civil Code Article 6:75 in such cases. This also applies if the breach was or could have been known to the buyer upon reasonable inspection.

3. The warranty does not apply if the defect arises from improper or inappropriate use, or if the buyer or third parties, without permission, have modified or attempted to modify the product or used it for purposes other than intended.

4. If the warranty provided by the seller relates to a third-party product, it is limited to the warranty provided by that producer.

Article 17: Applicable Law and Competent Court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where EvitaRoza is established/operates is exclusively competent to hear disputes, unless mandatory law prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the remaining provisions remain fully in force.