Article 1. Identity of the company
The following terms and conditions apply to Rarámuri Sandals
Entrepreneur: Van Riet Design BVBA (hereinafter, ‘RS)
Registered at Liersesteenweg 84, 2520 Emblem, Belgium
Email address general information: email@example.com
Phone: +32 474 98 98 94
BTW-number: BE 0651.889.587
Article 2. Definitions
In these conditions the following terms shall have the following meanings:
- Supplementary contract: A contract under which the consumer acquires products in accordance to a purchase contract, in which purchased goods are supplied by Rarámuri Sandals, or by a third party on the basis of an agreement between the third party and Rarámuri Sandals.
- Withdrawal period: the period of time within which the consumer can exercise his/her withdrawal right;
- Consumer: The natural person not acting in a commercial, business, trade or professional capacity.
- Day: calendar day;
- Durable data carrier: Any resource – including e-mail – that allows Rarámuri Sandals or the consumer to store any information addressed directly to him/it in a manner enabling both its future consultation or use for a period of time appropriate to the purpose for which the information was intended, as well as the verbatim reproduction of the stored information;
- Withdrawal right: the opportunity for the consumer to decide not to go ahead with the distance contract within the withdrawal period;
- Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organized by the company for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
- Withdrawal template: The European withdrawal form which is included in Annex I to these general terms and conditions;
- Technique for distance communication: a means that can be used for concluding a contract, without the consumer and company being in the same place at the same time.
Article 3. Applicability
- These General Terms and Conditions apply to any offer from Rarámuri Sandals and to any contract established between Rarámuri Sandals and the consumer.
- The consumer will be electronically provided with the text of these General Terms and Conditions prior to the conclusion of a contract, so that the consumer can easily store it in a durable data carrier. If this is not reasonably possible, prior to conclusion of the contract, the consumer will be notified of where the general terms and conditions can be viewed electronically, and a file containing these will be sent out free of charge as soon as possible– either electronically or by other means at the consumer’s request.
Article 4. Purchase Conditions
- If an offer has a limited period of validity and/or is concluded subject to different terms and conditions, this will be explicitly stated in the offer.
- The company is not bound by obvious mistakes or obvious errors in the offer.
- All offers contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer.
Article 5. The contract
- The contract is terminated at the moment at which the consumer accepts the offer and when the applicable conditions have been fulfilled.
- If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically.
- The company will send to the consumer, together with the product or service, the following information, in writing or in such a way that it can be stored
- The address of the company’s business where the consumer can lodge a complaint;
- The conditions under which the consumer can exercise his/her right of withdrawal and how to do so, or a clear statement concerning the exclusion of the withdrawal right;
- Information on guarantees and existing after-sales service;
- The price of the product– including all taxes, the delivery charges (if applicable), and the method of payment, delivery and performance of the purchase contract;
- If the consumer has the right of withdrawal, a withdrawal template form will be provided.
Article 6. Right of withdrawal
- When purchasing products, a consumer is entitled to return any article, within 14 days of days of its delivery, without need to give any reason. Rarámuri Sandals may ask the consumer for the reason why, however he/she is under no obligation to state the reason(s) for wanting to return the product.
- This withdrawal period stated in (1) above commences on the day after the product was received by the consumer, or by a representative appointed beforehand by the consumer, of whom the company has been informed, or;
- If the consumer has ordered multiple products in one order: the day on which the consumer (or a designated third party) receives the final product. Rarámuri Sandals may refuse to fulfill multiple-product orders with varying delivery times, provided it clearly informs the consumer of such prior to the ordering process, or;
- If the delivery of a product consists of multiple dispatches or components: the day on which the consumer, or designated third party, receives the final shipment or component;
Article 7. Consumer obligations during the withdrawal period
- During the withdrawal period, the consumer must treat the product and packaging with care, and only open or use the product to the extent necessary in order to establish the nature, features and functioning of the product. The basic premise is that the consumer may only handle and inspect the product to the extent that he/she would be permitted to do so in a store.
- Consumers are liable for a product’s drop in value due to treatment of the product that goes beyond that described in paragraph 1.
Article 8. Exertion of right of withdrawal by the consumer and associated costs
- If the consumer exercises the right of withdrawal, he/she must notify Rarámuri Sandals before the end of the withdrawal period, either using the withdrawal form or by other unambiguous means.
- The consumer must send the product back or hand it over to Rarámuri Sandals (or its representative) as soon as possible, but in any event within 14 days of the day following the notification mentioned in paragraph 1. This is not necessary if Rarámuri Sandals has offered to collect the product itself. The consumer will be considered to have observed the product return deadline if he/she has at least sent the product back by the end of the withdrawal period.
- The consumer must return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with all clear and reasonable instructions issued by Rarámuri Sandals.
- All risk and burden of proof associated with invoking the right of withdrawal in a correct and timely manner rests with the consumer.
- The consumer will bear any costs directly associated with sending back the product.
- Additional required information about returning a product is stated on the website.
- If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9. Obligations of Rarámuri Sandals upon withdrawal
- If Rarámuri Sandals allows consumers to invoke the right of withdrawal by electronic means, it will immediately confirm receipt of any such notification.
- Rarámuri Sandals will immediately refund all payments by the consumer, including any delivery costs charged by Rarámuri Sandals for returning the product, at the latest within 14 days of the day on which the consumer sent notification. Unless Rarámuri Sandals offers to collect the product itself, it may wait before reimbursing the consumer until it has received the product or until the consumer can provide proof of having sent it back, whichever is earlier.
- When making the reimbursement, Rarámuri Sandals will use the same payment method used by the consumer, unless the consumer agrees to a different method. The consumer will incur no costs for the reimbursement.
- If the consumer opted for a delivery option that is more expensive than the cheapest standard delivery, Rarámuri Sandals does not need to refund the additional costs for the more expensive method.
Article 10. Pricing
- For the length of the applicability period stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of pricing alterations resulting from changes to VAT rates
- Prices quoted for products being offered include VAT.
- Discounts will not be granted retrospectively.
Article 11. Fulfillment and additional warranty
- Rarámuri Sandals guarantees that the products and/or services will meet the requirements of the contract, of the specifications listed in the offer, the reasonable criteria for quality and/or usability, and the statutory provisions and/or government stipulations applicable on the date the contract was concluded.
- Rarámuri Sandals is not liable for the following: (i) Damages caused by intentional act or gross negligence, (ii) or in case of breach of a material contractual duty due to ordinary negligence, and/or (iii) incorrect observance or failure to observe the instructions given in the manual.
- Any additional warranty issued by Rarámuri Sandals, its supplier, manufacturer or importer will never limit the statutory rights and claims that the consumer may enforce against Rarámuri Sandals under the contract if Rarámuri Sandals fails to fulfill its share of the contract.
- ‘Additional warranty’ is defined as any commitment by Rarámuri Sandals, its supplier, importer or manufacturer that issues the consumer with certain rights or claims beyond those that are required by law in the event that it fails to fulfill its share of the contract.
Article 12. Delivery and execution
- Rarámuri Sandals will take the greatest possible care when accepting and fulfilling orders for products
- Delivery takes place while stocked products last.
- The property of the products passes to the buyer after the consumer paid the owed amount. The risk of the products passes to the consumer at the moment of delivery.
- The consumer must provide the correct address and email address to Rarámuri Sandals. Any amendments hereof must be communicated on time to Rarámuri Sandals. If the consumer has stated a wrong address for delivery, the consumer will carry the extra costs.
- The address provided by the consumer will be used as the delivery address.
- Rarámuri Sandals will execute accepted orders with due speed, but within 30 days at the latest, unless another delivery period has been agreed on. If delivery is delayed, or if an order cannot be completed either fully or in part, the consumer will be notified of such no later than 30 days of having placed the order. In such cases, the consumer will be entitled to dissolve the agreement at no cost to him/her.
- After dissolution as described in the paragraph above, Rarámuri Sandals will immediately refund the amount paid by the consumer.
- The risks of damaged and/or lost products will be borne solely by Rarámuri Sandals until delivery to the consumer (or to a representative made known to Rarámuri Sandals in advance) has been completed, unless expressly agreed otherwise.
Article 13. Payment
- Unless otherwise specified in the contract or supplementary conditions, amounts owed by the consumer must be paid within 14 days of the commencement of the withdrawal period or, if there is no withdrawal period, within 14 days of conclusion of the contract.
- The consumer must report any inaccuracies in the payment details issued or stated immediately to Rarámuri Sandals. Payment orders for Giro- and bank institutions are for the account and risk of the person who provides (or authorized) the commission for payment.
- If the consumer does not fulfill his/her payment obligation(s) on time and – after having received a reminder of late payment from Rarámuri Sandals and been given a period of 14 days in which to make the payment – failure to complete the payment within this 14-day period, he/she will owe statutory interest on the outstanding amount and Rarámuri Sandals will be entitled to charge any extrajudicial collection costs to the consumer. These collection costs will not exceed: 15% of outstanding amounts up to a total of €2,500, 10% of the next €2,500 and 5% of the next €5,000, with a minimum amount of €40.
Article 14. Intellectual Property
- The website and all its parts with the exception of certain hyperlinks to third parties are owned by Rarámuri Sandals. All intellectual property right regarding the website and all of its components (such as the offered products) belong to Rarámuri Sandals, as long as these rights do not belong to a third party.
- Without prior written permission of Rarámuri Sandals, it is not allowed to copy, save reproduce or distribute the website, parts of the website, information obtained from the website, products displayed on the website or any other material displayed on the website.
Article 15. Force Majeure
Nor Rarámuri Sandals nor the customer shall be held to fulfill any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
Article 16. Complaints procedure
- The company provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
- A consumer who has discovered a defect should submit to the company, without delay, a comprehensive and clearly specified complaint about fulfillment of the contract.
- A reply regarding complaints submitted to a company will be provided within a period of 14 days, calculating from the date of receipt. If a complaint is expected to require a longer period of time for processing, then the company will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
Article 17. Others
- Any deviations from these general terms and conditions shall be explicitly agreed in writing. No rights can be derived from such deviations in respect of legal relationships entered into at a later date.
- With the exception of evidence to the contrary, Rarámuri Sandals administration shall apply as proof of consumer’s requests and orders. The consumer hereby acknowledges that electronic communication can serve as evidence.
- Rarámuri Sandals is entitled to transfer the rights and obligations arising out of the contract with a single notification to third parties.
- If any term or provision of these general terms and conditions shall be held invalid or unenforceable, the remaining terms hereof shall not be affected but shall remain valid and enforceable to the fullest extent permitted by law. Rarámuri Sandals hereto shall substitute such invalid or unenforceable provisions by a valid, enforceable and legal provision, which, in so far as practicable, is in line with the economic purposes of the invalid or unenforceable provision.
Article 18. Applicable law and jurisdiction
- Contracts, and any resulting non-contractual obligations, between Rarámuri Sandals and the consumer of these general terms and conditions refer only to Dutch law.
The component court in Antwerpen, Belgium, will initially settle any dispute between Rarámuri Sandals and consumer