General Terms and Conditions
Article 1 – Definitions
- Delivery address: the address where the order is delivered; this may be the buyer’s home address or other delivery address he or she specifies;
- General terms and conditions: the terms and conditions that apply exclusively to all online offers, orders and agreements involving the websitewww.release417.com;
- Cooling-off period: the period of time during which consumers can exercise their right of withdrawal;
- Right of withdrawal: the possibility for consumers to cancel the distance contract during the cooling-off period. The seven-day period starts on the date of receipt.
- Buyer: natural person who is not acting in a professional or business capacity and concludes a distance contract with the company;
- Distance contract: a contract which uses one or more distance communication techniques up to and including the conclusion of the contract within the scope of a system set up by the company for distance sales of products and/or services;
- Release417: brace developed to alleviate symptoms of RLS.
Article 2 – Applicability
2.1. These General Terms and Conditions are the only ones applicable to all online offers, orders and agreements involving the website www.release417.com, hereinafter referred to as the ‘seller’. A copy of the General Terms and Conditions of Sale will be sent to the buyer at the buyer’s first request. The buyer may also consult the General Terms and Conditions available on the website.
2.2. These terms and conditions may not be deviated from unless exceptional circumstances apply and must be agreed in writing. In such exceptional situations, all the other provisions from the General Terms and Conditions will remain in full force.
Article 3 – Formation of the agreement
3.1. The agreement with the seller is formed through the process of offer and acceptance. The seller’s acceptance is required for an agreement to take effect.
3.2. After the order is approved, the buyer will receive a confirmation email to the address it has provided.
The confirmation contains information on the items ordered, the total price and any applicable shipping costs.
3.3. The seller reserves the right to refuse an order and cancel any agreement. If the seller refuses an order, it must report this to the buyer within two working days of receiving the order.
Article 4 – Prices, shipping costs and payment
4.1. The prices stated on the website for the products offered always include 21% VAT.
4.2. All offers on the website are free from obligation. The seller reserves the right to amend the prices including in the case of backorders.
4.3. The seller bears the costs of insurance and shipping for orders shipped to destinations in the Netherlands. For shipments outside of the Netherlands, the seller will charge a fee of €15 per order.
4.4. The seller will bear the shipping costs for product returns.
4.5. During the formation of the agreement, the buyer determines the payment method used.
The buyer also has the option to pay via iDeal or PayPal. Payments must always be made in full in advance.
Release 417 B.V.
6162 EZ Geleen (Netherlands)
Article 5 – Delivery
5.1. Orders are delivered to the buyer’s home address, unless a different delivery address has been indicated in the online order submitted to the website.
5.2. PostNL has been contracted for the delivery of orders shipped both within and outside of the Netherlands. Should the seller use a different delivery company for certain reasons, the customer will be notified. The PostNL General Terms and Conditions regarding the delivery of products apply by analogy and may be consulted on the website.
5.3. The seller uses the services of PostNL for the delivery of orders outside of the Netherlands. Delivery of shipments to destinations abroad will be handled in the manner standard for these locations.
5.4. The seller will ship the order within 24 hours of the receipt of payment. The order will be delivered to the delivery address no later than two working days after the receipt of payment, subject to a few exceptions.
5.5. The seller uses a track-and-trace service for shipments. The track-and-trace code will be provided to the buyer via the indicated email address.
5.6. In the unlikely event a product is no longer in stock, the buyer will be notified of this within two working days . In this case, the buyer will be entitled to terminate the contract at no charge.
5.7. Partial deliveries are permitted, provided these comply with the terms referred to in Article 5.4.
5.8. If an order cannot be delivered due to an incorrect address, the additional costs of shipment will be at the buyer’s expense.
5.9. After two failed delivery attempts, shipments will be stored at the post office or service centre.
The buyer will receive a notification indicating the local address for the collection of the parcel.
Article 6 – Personal data and privacy
6.1. The buyer is obligated to provide the correct, accurate and current information requested at the time of registration or when an order is placed.
6.2. All personal data will be used for fulfilling an agreement and will never be provided to third parties in any manner.
6.3. The seller may use the buyer’s email address to provide consumers with information on new products and special offers.
The buyer is entitled to prohibit this use provided it does so in writing.
Article 7 – Cooling-off period and return shipments
7.1. The seller will do everything in its power to deliver products of good quality.
7.2. If, in spite of these efforts on the seller’s part, the buyer is nonetheless dissatisfied with the product delivered, he or she may return the product within seven working days, in providing the reasons for the return, to:
Diepenbrockstraat 6, 6162 EZ Geleen (Netherlands)
7.3. The period referred to in Article 7.2 commences on the day after the product is delivered to the delivery address or upon receipt of the shipment by a representative
who has been designated by the buyer in advance and whose details have been reported to the seller.
7.4. If the buyer exercises his or her right of withdrawal as described in Article 7.2, the costs for the return shipment will be at the buyer’s expense.
7.5. Return shipments will only be accepted if the packaging is undamaged, the product has not been worn and/or washed, and all the labels are still affixed to the product. The packaging and the product must be returned in their original states.
7.6. If the seller has received the returned product and the buyer has satisfied the requirements set out in Article 7.5, the seller will ensure that the purchase price is refunded within 14 days.
Article 8 – Returns for failure to produce results
Release 417 B.V.
6162 EZ Geleen (Netherlands)
8.1. The buyer has the option of returning the product within three weeks of receipt if the product fails to produce results.
8.2. The shipping costs for a return as referred to in Article 8.1 are at the seller’s expense.
Article 9 – Guarantees
9.1. The seller warrants that all products satisfy the specifications as stated on the website and are free from any defects.
9.2. The buyer is obligated to inspect the products delivered upon receipt of the shipment, yet no later than the right of withdrawal period, in order to ascertain that they satisfy the provisions of the agreement as concluded with the seller.
9.3. If the products do not satisfy the terms of the warranty, the buyer must notify the seller of this fact.
The seller will remedy the defect or failure as soon as possible.
9.4. If the solution offered as referred to in Article 9.3 does not satisfy expectations, the buyer may terminate the agreement during the right of withdrawal period of seven working days. The seller will refund the amount owed within 14 days.
9.5. The warranty referred to in this article will lapse if the product has already been worn and/or washed, or if an attempt is made to repair a defect and/or apply modifications to the product. The warranty will also lapse if the buyer fails to follow the seller’s instructions.
Article 10 – Force majeure
10.1. In the event of force majeure, the seller is authorised to terminate the agreement or suspend the fulfilment of the order by notifying the buyer of this in writing and without the seller being required to pay compensation for damages, unless this would not be justified based on the principles of reasonableness and fairness.
10.2. Force majeure is defined as every shortcoming which may not be attributable since it may not be due to its own fault, nor may it bear these consequences pursuant to the law, a legal act, or according to generally accepted standards.
10.3. If at the time the force majeure event occurs the seller has already fulfilled part of its obligations, it is entitled to invoice any products separately that have already been delivered. The buyer is obligated to pay this invoice as if it related to a separate contract. This does not apply however if the product that has already been delivered does not have an independent value.
Article 11 – Liability
11.1. The seller will bear the responsibility for the products up to delivery. After delivery, the responsibility will be transferred to the consumer. The seller is not liable for damage caused by third parties in the fulfilment of the agreement.
11.2. The buyer will use the seller’s products at its own risk. In the event of medical symptoms, the buyer must consult an expert prior to using the product to determine if the use of the product is possible in combination with his or her medical symptoms.
11.3. The seller will ensure that the delivered order satisfies the conditions of the agreement.
11.4. Every liability on the part of the seller to the buyer is limited to the maximum amount of the invoice that the buyer owes the seller pursuant to the relevant agreement.
11.5. The seller excludes all liability for any direct or indirect damages, regardless of their nature, arising from or in any way connected to the use of information which has been obtained or procured from the website. The information and images used on the website are indicative, and only apply by approximation and will not serve as a reason for demanding compensation for damages or the termination of the agreement.
11.6. The seller is not liable for damage ensuing from exceeding the term of delivery and/or the failure to have in stock the offered, ordered and/or paid products.
Release 417 B.V.
6162 EZ Geleen (Netherlands)
11.7. The limitations contained in these General Terms and Conditions do not apply if the damage is attributable to gross negligence/intent on the part of the seller or its subordinates.
Article 12 – Intellectual property rights
12.1. Fulfilment of the agreement will only entitle the buyer to a non-exclusive right of use. The delivery of the order will not provide for any transfer of intellectual property rights.
12.2. All intellectual property rights relating to the products that are offered on the website and which are used to prepare the agreement will vest exclusively in the seller or its suppliers.
12.3. Making copies of or modifications or changes to the photos and content of the website, regardless of the manner in which this is done is explicitly prohibited unless this is done with the buyer’s express written permission.
12.4. By placing photos and content on the website, the seller has the explicit permission to use these materials for publicity purposes, regardless of the manner in which this is done.
Article 13 – Retention of title
13.1. The ownership of the delivered products will vest in the seller up to the time the amount due is paid in full . If the purchase price is paid, the ownership will be transferred to the buyer by operation of law.
13.2. Once ownership has been transferred, the buyer may not tax, sell, deliver, sell off or otherwise encumber the products.
Article 14 – Applicable law and competent court
14.1. The laws of the Netherlands apply to all agreements with the seller.
14.2. The competent court has jurisdiction to hear disputes arising between the parties
[A1]Zie andere opmerking in de FAQs – daar staat dat de koper deze moet betalen
[A2]zie andere opmerkingen over wie deze kosten betaalt
[A3]Nogmaals, verkoper of koper – wie betaalt deze kosten?
[A4]volgens mij kloppen er een paar dingen in deze zin niet…..geen voorwerp in de zin (verkoper?). M.a.w., wie is ‘zij’ in ‘zijn schuld’?
[A5]Normaal staat hier welke rechter bevoegd is (stad/provincie, etc.).