Terms and Conditions
1. RoseLee Amsterdam: RoseLee, established in Bodegraven under Chamber of Commerce no. 83479805.
2. Customer: the person with whom RoseLee Retail has entered into an agreement.
3. Parties: RoseLee Amsterdam and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of RoseLee Retail.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
1. All prices that RoseLee Amsterdam uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices on which RoseLee Amsterdam uses for its products or services, on its website or that are otherwise made known, RoseLee Retail can change at any time.
3. Increases in the cost prices of products or parts thereof, which RoseLee Retail could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples / models
If the customer has received a sample or model of a product, then he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond with the sample or model. .
Consequences not paying on time
1. If the customer does not pay within the agreed term, RoseLee Amsterdam is entitled to charge interest of 1% per month on the day that the customer is in default, whereby part of a month is calculated for a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to RoseLee Amsterdam.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, RoseLee Amsterdam may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the client's side, the claims of RoseLee Amsterdam on the client are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by RoseLee Amsterdam, he is still obliged to pay the agreed price to RoseLee Amsterdam.
Right of Complaint
As soon as the customer is in default, RoseLee Amsterdam is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
RoseLee Amsterdam invokes the right of complaint by means of a written or electronic notification.
As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the product to which this right relates to RoseLee Amsterdam, unless the parties make other agreements about this.
The costs for the return or return of the products are at the expense of the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers.
- it is not a product that has been specially tailored or adapted for the consumer.
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- The product is not a travel, transport ticket, catering order or form of leisure activity.
- it is not an (order for) urgent repair.
- the consumer has not waived his right of withdrawal.
2. The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order.
- as soon as the consumer has received the first product in a subscription.
- as soon as the consumer has purchased a service for the first time.
as soon as the consumer has confirmed that he will purchase digital content via the internet.
3. The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired using the withdrawal form available on the website of RoseLee Amsterdam, can be downloaded.
4. The consumer is obliged to return the product to RoseLee Amsterdam within 30 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.
5. The costs of returning will only be borne by RoseLee Amsterdam if the entire order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, RoseLee Amsterdam will refund these costs to the consumer within 30 days of receipt of the timely appeal to the right of withdrawal, on condition that the consumer has returned the product to RoseLee Amsterdam on time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention
1. RoseLee Amsterdam can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to RoseLee Amsterdam, unless the customer has provided sufficient security for the costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to RoseLee Amsterdam.
3. RoseLee Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to RoseLee Amsterdam against a claim on RoseLee Amsterdam.
Retention of title
1. RoseLee Amsterdam remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards RoseLee Retail under any agreement concluded with RoseLee Amsterdam, including claims regarding failure to perform.
2. Until then, RoseLee Amsterdam can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If RoseLee Amsterdam invokes its retention of title, the agreement is deemed to be dissolved and RoseLee Amsterdam has the right to claim compensation, lost profit and interest.
1. Delivery takes place as stocks last.
2. Delivery takes place at RoseLee Amsterdam, unless otherwise agreed.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amount is not paid or not paid on time, RoseLee Amsterdam has the right to suspend its obligations until the agreed part has been paid.
5. In case of late payment, there is a default of creditors, with the result that the customer cannot invoke late deliveries to RoseLee Amsterdam.
1. The delivery times stated by RoseLee Amsterdam are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation from RoseLee Amsterdam.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless RoseLee Amsterdam cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which RoseLee Amsterdam cannot be held liable. for any damage.
2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to RoseLee Amsterdam prior to transport, in the absence of which RoseLee Amsterdam cannot be held liable for any damage.
1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.
1. The warranty he with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
1. Exchange is only possible if the following conditions are met:
- exchange takes place within 30 days after purchase against presentation of the original invoice.
- the product is returned in the original packaging or with the original (price) tags still attached
- the product has not yet been used
2. Discounted items, non-perishable items such as food, custom items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies RoseLee Amsterdam against all claims from third parties related to the product and / or services delivered by RoseLee Amsterdam.
1. The customer must examine a product or service provided by RoseLee Amsterdam as soon as possible for possible shortcomings.
2. If a delivered product or service provided does not comply with what the customer could reasonably expect from the agreement, RoseLee Amsterdam must notify this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform RoseLee Amsterdam within 2 months after discovery of the shortcomings.
4. The customer will provide a detailed description of the shortcoming, so that RoseLee Amsterdam is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing activities, this cannot in any case lead to RoseLee Amsterdam being obliged to perform other activities than agreed.
Notice of default
1. The customer must make notice of default known to RoseLee Amsterdam in writing.
2. It is the responsibility of the customer that a notice of default actually reaches RoseLee Amsterdam (on time).
Joint and several liability of the customer
If RoseLee Amsterdam enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to RoseLee Amsterdam under that agreement.
Liability RoseLee Amsterdam
1. RoseLee Amsterdam is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.
2. If RoseLee Amsterdam is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. RoseLee Amsterdam is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If RoseLee Amsterdam is liable, this liability is limited to the amount that is paid out by a lock (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in the catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from RoseLee Amsterdam will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right to cancel
1. The customer has the right to dissolve the agreement if RoseLee Amsterdam imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
2. If the fulfillment of the obligations by RoseLee Amsterdam is not permanent or temporarily impossible, dissolution can only take place after RoseLee Retail is in default.
3. RoseLee Amsterdam has the right to terminate the agreement with the customer, if the customer is obliged Not complying fully or on time, or if RoseLee Amsterdam has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force of the majority
1. In addition to the provisions of article 6:75 Dutch Civil Code, a failure of RoseLee Amsterdam in the fulfillment of any obligation towards the customer cannot be attributed to RoseLee Amsterdam in a situation independent of RoseLee Amsterdam's will, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of RoseLee Amsterdam.
2. The force majeure situation referred to in paragraph 1 also includes - but not exclusively -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
3. If a force majeure situation occurs RoseLee Amsterdam is unable to fulfill 1 or more obligations towards the customer, then those obligations will be suspended until RoseLee Amsterdam can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
5. RoseLee Amsterdam does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Changes to general terms and conditions
1. RoseLee Amsterdam is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. RoseLee Amsterdam will discuss major substantive changes with the customer as much as possible in advance.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of RoseLee Amsterdam.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, then the other provisions of these terms and conditions will not affect.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what RoseLee Amsterdam has in mind when drawing up the conditions on that point.
Applicable law and competent court
1. Dutch law is exclusively applicable to every agreement between the parties.
2. The Dutch court in the district where RoseLee Amsterdam is established / has a practice / wood office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
Prepared on November 13, 2020