Terms and Conditions
TABLE OF CONTENTS
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 20 - Amendment of the General Terms and Conditions of Rovello B.V.
IN THESE CONDITIONS, THE FOLLOWING TERMS SHALL MEAN:
Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: an agreement aimed at the regular delivery of goods, services and/or digital content over a specified period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information directed to him personally in a way that allows for future consultation or use for a period that is in line with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for the distance selling of products, digital content and/or services, where one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I of these conditions;
Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding his order;
Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur needing to be in the same space at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Rovello B.V.
Trading under the name(s): Bynatic
Registered office address: W. de Vriesrobbeweg 24, 4206AL Gorinchem
Visiting address: W. de Vriesrobbeweg 24, 4206AL Gorinchem
Telephone number: +31(0)6 310 991 61
Availability: From Monday to Friday from 08:00 to 17:00
Email address: info@bynatic.com
Chamber of Commerce number: 76165205
VAT number: NL860531120B01
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically reviewed and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs are correspondingly applicable and in the event of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.
ARTICLE 4 – THE OFFER
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
The agreement is, subject to the provisions of paragraph 4, established at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make payments electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If the entrepreneur has good grounds based on this research not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, the service or digital content:
The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
The information about warranties and existing after-sales service;
The price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For products
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to provide their reason(s).
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has informed the consumer clearly about this prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not delivered on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to provide their reason(s).
The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not delivered on a tangible medium in case of not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined according to the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information mentioned in the preceding paragraph within twelve months from the start date of the original reflection period, the reflection period expires 30 days after the day on which the consumer received that information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as he would be allowed to do in a store.
The consumer is only liable for the depreciation of the product that results from handling the product in a way that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period using the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send back the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he sends back the product before the reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears part of the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not need to bear the costs of return.
If the consumer withdraws after having expressly requested that the provision of the service or the delivery of gas, water, or electricity not made ready for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
The consumer does not bear any costs for the performance of services or the delivery of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the delivery of district heating if:
- The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
- The consumer has not expressly requested the commencement of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear any costs for the complete or partial delivery of digital content not delivered on a tangible medium if:
- he has not expressly agreed prior to its delivery to start the performance of the contract before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal upon giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR UPON WITHDRAWAL
If the entrepreneur makes it possible for the consumer to notify of withdrawal electronically, he will send an acknowledgment of receipt immediately after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur will use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly mentioned this in the offer, or at least in time before the conclusion of the agreement:
Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services.
Service agreements, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the agreement.
Package travels as referred to in article 7:500 of the Dutch Civil Code and agreements of passenger transport.
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering.
Agreements regarding leisure activities, if the agreement provides for a specific date or period of performance thereof.
Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, 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 whose seal has been broken after delivery.
Products that are irrevocably mixed with other products after delivery.
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the entrepreneur has no influence.
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.
Newspapers, periodicals, or magazines, with the exception of subscriptions to them.
The delivery of digital content other than on a tangible medium, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he thereby loses his right of withdrawal.
ARTICLE 11 – THE PRICE
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no influence. This linkage to fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
ARTICLE 12 – PERFORMANCE OF THE AGREEMENT AND ADDITIONAL GUARANTEE
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement in case the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case he has failed to fulfill his part of the agreement.
ARTICLE 13 – DELIVERY AND EXECUTION
The entrepreneur will observe the utmost care in receiving and executing product orders and in evaluating requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is mentioned in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery experiences delays, or if an order cannot be executed or can only be executed partially, the consumer will be informed about this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution according to the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless expressly agreed otherwise.
Package Not Received
You can expect your order to be delivered within 1 to 3 working days from the moment we send the shipping confirmation with track & trace by email. If the order is not delivered within this period, it is the consumer's responsibility to report this to our customer service, at the latest within 14 days from the day of dispatch by Bynatic, so that a delivery investigation can be initiated. If this is not reported to us within 14 days, the consumer's right of withdrawal will expire.
ARTICLE 14 – DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
Termination:
The consumer can terminate an agreement entered into for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, at any time subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed period of time, which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed period subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and is not limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a fixed period of time, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
Deviating from the previous paragraph, an agreement entered into for a fixed period of time, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be silently extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period of time, which extends to the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery for trial purposes of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 15 – PAYMENT
Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this term starts on the day after the consumer receives the confirmation of the agreement.
In the sale of products to consumers, a consumer can never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) in time, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to fulfill his payment obligations, failure to pay within this 14-day period means the consumer owes the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to $2,500; 10% on the following $2,500; and 5% on the next $5,000, with a minimum of $40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.
ARTICLE 16 – COMPLAINTS PROCEDURE
The entrepreneur has a complaints procedure that is sufficiently publicized and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a competent time after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a receipt notice and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution process.
ARTICLE 17 – DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can, subject to what is stated below, be submitted by both the consumer and the entrepreneur to the Disputes Committee via the European ODR Platform ([http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/)).
A dispute will only be handled by the Disputes Committee if the consumer has first presented his complaint to the entrepreneur within a competent time.
If the complaint does not lead to a resolution, then the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, at the latest 12 months after the date on which the consumer filed the complaint with the entrepreneur.
When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should first inform the entrepreneur about this.
When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must express in writing within five weeks after a request made by the entrepreneur in writing, whether he also desires this or wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee rules under the conditions as set out in the regulations of the Disputes Committee ([www.degeschillencommissie.nl](http://www.degeschillencommissie.nl)). The decisions of the Disputes Committee are made in the form of binding advice.
The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has actually ended his business activities, before the committee has handled the dispute at the hearing and has issued a final ruling.
ARTICLE 18 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ARTICLE 19 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF ROVELLO B.V.
Rovello B.V. will notify its customers of changes to these general terms and conditions in advance via email.
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, with the understanding that, in the case of applicable changes during the duration of an offer, the provision most favorable to the consumer will prevail.
Attachment I: Model Withdrawal Form
Model Withdrawal Form (only complete and return this form if you wish to withdraw from the agreement)
To: Rovello B.V.
de Vriesrobbeweg 24, 4206AL Gorinchem
I/We* hereby give notice that I/we* withdraw from our agreement regarding the sale of the following products: [product description]*
the provision of the following digital content: [digital content description]*
the performance of the following service: [service description]*, withdraws/withdraw*
Ordered on*/received on* [order date for services or receipt date for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Consumer(s) signature] (only if this form is submitted on paper)* Cross out what does not apply or fill in what applies.