General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off Period: the period during which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Ongoing Transaction: a distance contract regarding a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
• Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of Withdrawal: the ability of the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, using exclusively one or more means of distance communication up to and including the moment the contract is concluded;
• Means of Distance Communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time.
• Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

RAFA Commerce
KVK Number: 92088279

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the terms and conditions are available for inspection at the entrepreneur’s location and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these terms and conditions can be provided to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request, electronically or otherwise.
If specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting terms.
If one or more provisions of these terms and conditions are invalid or annulled at any time, the contract and these terms will remain in effect for the rest, and the invalid provision will be replaced by a provision that approximates the intent of the original as much as possible.
Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms.
Uncertainties about the interpretation or content of one or more provisions of these terms must be interpreted 'in the spirit' of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains enough information to make it clear to the consumer what the rights and obligations are upon accepting the offer. This particularly concerns:

• The price, excluding customs clearance fees and import VAT. These additional costs will be borne by and are the responsibility of the customer. The postal or courier service will use the special scheme for postal and courier services regarding imports. This scheme applies when goods are imported into the EU country of destination, as is the case here. The postal or courier service will collect the VAT (whether or not together with the customs clearance fees) from the recipient of the goods;
• Any shipping costs;
• The manner in which the contract will be concluded and what actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the contract;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The rate for distance communication, if the costs of using the means of distance communication are calculated on a different basis than the regular base rate for the used means of communication;
• Whether the contract will be archived after conclusion and, if so, how the consumer can consult it;
• How the consumer can check the information they provided for the contract before concluding the contract, and, if desired, correct it;
• The possible languages, besides Dutch, in which the contract can be concluded;
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
• The minimum duration of the distance contract in the case of an ongoing transaction. Optionally: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, with the product or service:

• The visit address of the entrepreneur's business location where the consumer can lodge complaints;
• The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information about guarantees and existing after-sales services;
• The data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
• The conditions for terminating the contract if it is for more than one year or of indefinite duration.
  In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
  Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period begins on the day after the consumer, or a pre-designated representative notified to the entrepreneur, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product by sending a written notice or email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.
If the consumer has not expressed their wish to exercise their right of withdrawal after the deadlines specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been returned to the entrepreneur or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the following products, provided that the entrepreneur clearly stated this in the offer, at least before concluding the contract:
Exclusion of the right of withdrawal is only possible for products:

• That have been produced according to consumer specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• Whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control;
• For single newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygiene products where the consumer has broken the seal.
  Exclusion of