General terms and conditions Riklis Karto Niche Perfumes B.V.
Version 2022
- Concepts
- In these general terms and conditions, the following definitions apply:
- Riklis Karto: the private limited liability company Riklis Karto Niche Perfumes B.V., with its registered office at Herestraat 89 (9711 LD) Groningen. Registered in the trade register under number 80451675.
- Cooling-off period: the period within which the Client can exercise his right of withdrawal;
- Customer: the person who purchases a product or service from Riklis Karto, being a natural person who is not acting for purposes related to his trade, business, craft or professional activity.
- Agreement: the Agreement, being the entirety of agreements between Riklis Karto and the Client to perform work, deliveries and/or services.
- Website: the website of Riklis Karto: https://www.rikliskarto.com
- Applicability of general terms and conditions
- These general terms and conditions apply to all offers and quotations of, agreements with, deliveries and services of Riklis Karto that are made or concluded via the Website.
- The applicability of the Client’s general terms and conditions is expressly rejected.
- Offer, conclusion of agreement, correction of errors and archive
- The Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfilment of the conditions set therein. The Customer accepts the offer and the associated terms and conditions by going through the entire ordering process on the Website.
- If the Client has accepted the offer by electronic means, Riklis Karto shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Riklis Karto, the Client may terminate the contract.
- Duration of the Agreement
- The Agreement can be entered into for a definite or indefinite period of time.
- If the Agreement is entered into for an indefinite period of time, the Agreement can be terminated with a notice period of one month at any time.
- If the Agreement is entered into for a definite period of time, the Agreement can be terminated at the end of the agreed term. If the Client does not terminate the Agreement, the Agreement will be extended by operation of law for a period of one month at a time.
- General obligations of the Customer
- The Client must provide Riklis Karto with all information and documents that are (or may be) relevant to the execution of the Agreement in a timely manner (as far as possible in advance).
- The Client guarantees that the information and facilities provided by or on behalf of Riklis Karto to Riklis Karto are correct and complete (also) as referred to in the previous paragraph. The Client must ensure that this data and facilities are delivered on time.
- The execution period shall not commence until the Client has made this data and facilities available to Riklis Karto correctly and in full. If this information and/or facilities are not available to Riklis Karto at any time, the execution period will be suspended for a period to be determined by Riklis Karto (at least equal to the delay) and Riklis Karto will be entitled to recover any damage as a result thereof from the Customer.
- Prices and payments
- Riklis Karto can inform itself within legal frameworks whether the Client can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Riklis Karto has good grounds for not entering into the Agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, Riklis Karto may offer products or services whose prices are subject to fluctuations in the financial market and over which Riklis Karto has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
- Riklis Karto has the right to implement a price increase from three months after the conclusion of the Agreement if this is the result of legal regulations or provisions. In the event of such a price increase, the Client may terminate/dissolve the Agreement with effect from the day on which the price increase takes effect.
- All prices mentioned include VAT.
- If advance payment has been stipulated, the Client cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The Client has the obligation to report inaccuracies in the payment details provided or stated to Riklis Karto without delay.
- If the Client does not meet its payment obligation(s) on time, it shall owe the statutory interest on the amount still owed after it has been informed by Riklis Karto of the late payment and Riklis Karto has granted the Client a period of 14 days to still meet its payment obligations, after failure to pay within this 14-day period, the Client shall owe the statutory interest on the amount still due and Riklis Karto shall be entitled to charge the extrajudicial collection costs incurred by Riklis Karto bring. These collection costs are calculated in accordance with the graduated scale from the BIK Decree.
- Right of withdrawal
In the case of products (business):
- The Client may terminate an agreement relating to the periodic purchase of perfumes during a cooling-off period of at least 14 days without giving reasons. Riklis Karto may ask the Customer for the reason for withdrawal, but may not oblige the Customer to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product. Riklis Karto may, provided that it has clearly informed the Customer of this prior to the ordering process, refuse an order for multiple products with a different delivery time, or
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by it, has received the last shipment or part, or
- in the case of agreements for the regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not supplied on a tangible medium:
- The Customer may terminate a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for a minimum of 14 days without giving reasons. Riklis Karto may ask the Customer for the reason for withdrawal, but may not oblige the Customer to state his reason(s).
- The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
- Obligations of the Client during the Cooling-off Period
- During the Cooling-off Period, the Client will handle the product and its packaging with care. The Customer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the Customer may only handle and inspect the product as he would be allowed to do in a store.
- Riklis Karto may charge the Customer for the costs of the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1 and/or set it off against the amount to be refunded.
- Invoking the right of withdrawal and costs
- If the Client makes use of his right of withdrawal, he will report this to Riklis Karto within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- The Customer must return the product to Riklis Karto as soon as possible or hand it over to Riklis Karto (an authorised representative of) Riklis Karto, and in any case within 14 days from the day following the notification referred to in paragraph 1. This is an exception when Riklis Karto has offered to collect the product himself. The Customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The Customer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Riklis Karto on the Website.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Client.
- The Customer shall bear the direct costs of returning the product.
- If the Client withdraws after first having expressly requested that the provision of the service commence during the cooling-off period, the Client shall owe Riklis Karto an amount proportionate to that part of the obligation fulfilled by Riklis Karto at the time of withdrawal, compared to the full performance of the obligation.
- If the Client makes use of his right of withdrawal, all additional agreements will be (automatically) dissolved by operation of law.
- If the Client issues a declaration of termination electronically via Riklis Karto’s website, Riklis Karto will immediately send a confirmation of receipt upon receipt of this notification.
- Riklis Karto will reimburse all payments made by the Customer, including any delivery costs charged by Riklis Karto for the returned product, without delay but within 14 days following the day on which the Customer notifies him of the withdrawal. Unless Riklis Karto offers to collect the product himself, he may withhold reimbursement until he has received the product or until the Customer proves that he has returned the product, whichever is earlier.
- The costs for the (return) shipment of the products to be returned are borne by the Customer.
- Riklis Karto will use the same means of payment used by the Customer for reimbursement, unless the Customer agrees to a different method. The refund is free of charge for the Customer.
- If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Riklis Karto does not have to refund the additional costs for the more expensive method.
- Exceptions to the right of withdrawal
- The right of withdrawal referred to in these terms and conditions does not apply to products and services that are excluded by law. This includes at least (but not exclusively):
- products or services whose price is subject to fluctuations in the financial market beyond Riklis Karto’s control and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by Riklis Karto to the Client who is personally present or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the execution has started with the Client’s express prior consent; and
- the Client has declared that he loses his right of withdrawal as soon as Riklis Karto has fully performed the agreement;
- Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products manufactured to the Customer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- Alcoholic beverages of which the price was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market beyond Riklis Karto’s control;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to these;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the Client’s express prior consent; and
- the Client has declared that he thereby loses his right of withdrawal.
- Guarantees
- The products and/or services provided by Riklis Karto comply with the Agreement. This is a legal guarantee (also known as a ‘legal guarantee’).
- An additional warranty provided by Riklis Karto, its supplier, manufacturer or importer shall never limit the legal rights and claims that Customer may assert against Riklis Karto under the Agreement if Riklis Karto has failed to perform its part of the Agreement.
- An additional warranty is understood to mean any undertaking by Riklis Karto, its supplier, importer or producer in which it grants the Customer certain rights or claims that go beyond what it is legally obliged to do in the event that Riklis Karto has failed to comply with its part of the Agreement.
- Delivery and implementation
- The place of delivery is the address that the Customer has made known to Riklis Karto.
- Riklis Karto will execute the Agreement with due diligence and at the latest within 30 days, unless a different delivery period has been agreed.
- If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the Customer will be notified of this no later than 30 days after he has placed the order. In that case, the Client has the right to terminate the Agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, Riklis Karto will immediately refund the amount paid by the Customer.
- The risk of damage and/or loss of products rests with Riklis Karto until the moment of delivery to the Customer or a representative appointed in advance and made known to Riklis Karto, unless expressly agreed otherwise.
- Intellectual property rights
- The intellectual property rights to all delivered goods, services, offers, quotations, drawings, images, texts, etc., shall remain vested in Riklis Karto or in the third party from whom Riklis Karto has obtained the right to make (part of) them available to the Client. Riklis Karto hereby grants the Client only a right of use that is not exclusive and non-transferable, unless expressly provided otherwise in the Agreement.
- The Client guarantees that it is entitled to do so if and insofar as it makes materials or data or other data available to Riklis Karto in the context of the Agreement or are disclosed or are used by or on behalf of Riklis Karto at the request of the Client, and that these materials and data do not infringe the rights of third parties.
- Customer may not remove or alter any copyright notices, trademarks or other indications of the owner of intellectual property rights. The same applies to statements that certain information is of a confidential nature.
- Except to the extent permitted by law or in the Agreement, the Customer may not reproduce, decompile or reverse engineer any Applications made available. Furthermore, it is not permitted to remove or circumvent security or technical (use) restrictions.
- If Riklis Karto is held liable by a third party or is otherwise held responsible (directly or indirectly) for claims regarding intellectual property rights relating to the content, publications or other disclosures of or affiliated with the Client, the Client is obliged to provide Riklis Karto with all necessary assistance in and out of court. Furthermore, the Client is obliged to fully compensate Riklis Karto for the resulting costs and other damages.
- Applicable law, complaints and disputes
- All Agreements with Riklis Karto are exclusively governed by Dutch law. Application of the Vienna Sales Convention (CISG) is excluded.
- The Customer may submit any complaints to Riklis Karto by sending an e-mail to info@rikliskarto.com.
- Complaints about the performance of the Agreement must be submitted to Riklis Karto within a reasonable time after the Client has discovered the defects, fully and clearly described.
- Complaints submitted to Riklis Karto will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Riklis Karto will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.
- The Client has the right to submit a dispute to the court.
- In addition, it is also possible for Customers in the European Union to register complaints via the ODR platform of the European Commission. This ODR platform can be found on http://ec.europa.eu/consumers/odr/. ODR stands for Online Dispute Resolution.