1 Rydon – General Terms and Conditions
ARTICLE 1 – Definitions 2
ARTICLE 2 – The Rydon’s identity 3
ARTICLE 3 – Applicability 3
ARTICLE 4 – The offer 3
ARTICLE 5 – The contract 4
ARTICLE 6 – Right of withdrawal 5
ARTICLE 7 – Costs in case of withdrawal 5
ARTICLE 8 – Exclusion of the right of withdrawal 5
ARTICLE 9 – The price 5
ARTICLE 10 – Conformity and Guarantee 6
ARTICLE 11 – Delivery and execution 6
ARTICLE 12 – Continuing performance contract 7
ARTICLE 13 – Payment 7
ARTICLE 14 – Complaints procedure 8
ARTICLE 15 – Disputes 8
ARTICLE 16 – Industry Guarantee 9
ARTICLE 17 – Additional or varying provisions 9
ARTICLE 18- Amendment to the General Terms and Conditions of Rydon 9
ARTICLE 1 – Definitions
In these Terms and Conditions, the following terms shall have the following
Rydon: the natural of legal person affiliated with Rydon and providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the Rydon;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the Rydon for distance sale of products and/or services;
Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the Rydon being together in the same place at the same time.
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
Long-term data carrier: any means that allow the Consumer or the Rydon to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible. 3
ARTICLE 2 – The Rydon’s identity
Chamber of Commerce number: 55297404
VAT identification number: 851644946B01
ARTICLE 3 – Applicability
1. These General Terms and Conditions apply to any offer from Rydon and to any distance contract concluded by Rydon and the Consumer.
2. Before concluding a distance contract, Rydon shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, Rydon, before concluding the distance contract, shall notify that the General Terms and Conditions at the Consumer´s request will be sent to the Consumer.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request, either via electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
ARTICLE 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Rydon makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for Rydon. 4
3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.
This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or , as the case may be, the time frame for honoring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− any languages other than Dutch in which the contract can be concluded;
ARTICLE 5 – The contract
1. Subject to the provisions in paragraph 4, 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, the Rydon shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. Rydon may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Rydon has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
ARTICLE 6 – Right of withdrawal
1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to Rydon in conformity with Rydon´s reasonable and clear instructions.
ARTICLE 7 – Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
2. If the Consumer has made a payment, Rydon shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
ARTICLE 8 – Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, Rydon can exclude this right only if Rydon indicated this clearly in the offer or at least in good time before concluding the contract.
ARTICLE 9 – The price
1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Rydon may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Rydon’s control, 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. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Rydon has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT unless specified otherwise.
ARTICLE 10 – Conformity and Guarantee
- Rydon guarantees that the products and/or services comply with the contract for a period of 6 months after the product is received by the Consumer.
- Always make sure you have proper working lights when engaging in traffic
- Always make sure you have a back-up lighting system
ARTICLE 11 – Delivery and execution
1. Rydon shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. 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 one month after ordering or during ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
4. In the event of repudiation under the preceding paragraph, Rydon shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, Rydon shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded 7
with replacement products.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with Rydon until the time they are delivered to the Consumer.
ARTICLE 12 – Termcontracts: duration, termination and renewal
ARTICLE 13 – Payment
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled at the moment of placing the order
2. In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Rydon is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 14 – Complaints procedure
1. Rydon shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to Rydon fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. The complaints submitted with Rydon shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, Rydon shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. A complaint about a product, that Rydon provided can also be submitted via a complaints form given at the website of Rydon.
5. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 15 – Disputes
1. Contracts between Rydon and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. Disputes between the Consumer and Rydon about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Rydon can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (Den Haag) (www.sgc.nl) with due observance of the provisions set out below.
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Rydon within a reasonable period.
4. Within three months after the dispute arose, the dispute must have been filed in writing to the Geschillencommissie Webshop.
5. When the consumer wants to submit a dispute to the Geschillencommissie, the member is bound by this choice. When Rydon wants to file the dispute to the Geschillencommissie, a consumer must speak out in writing within five weeks after a written request made by the member whether he so desires or wants the dispute to be dealt with by the competent court. Doesn’t hear the member the consumer’s choice within the period of five weeks, Rydon is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission. A decision of the Geschillencommissie is a binding advice. 9
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Rydon is granted a moratorium, goes bankrupt or actually ended his business activities.
8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, this other Disputes Committee is exclusively competent.
ARTICLE 16 – Industry Guarantee
1. The amount per binding can never exceed the purchase value made by the consumer.