Terms and Conditions

General Terms and Conditions Ripandship.nl

Last updated: 10-11-2024

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 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

• Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
• Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
• Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
• Model form: the model withdrawal form that the entrepreneur makes available to the consumer.
• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
• Distance contract: a contract for which exclusive use is made of one or more techniques for distance communication.
• Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Rip and Ship

Delflandplein 284
2624GD Delft
The Netherlands

T: +31 (0) 6 16 397 379
E: info@ripandship.nl
KVK: 92040489
VAT number: NL004932786B56

Article 3 - Applicability

• These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
• If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and will be sent free of charge to the consumer as soon as possible at the consumer's request.
• If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The offer

• If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
• The offer contains a complete and accurate description of the products, digital content and/or services offered.
• The description is sufficiently detailed to enable the consumer to properly assess the offer.
• If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
• Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

1. The price including taxes;
2. Any costs of delivery;
3. The manner in which the agreement will be concluded and the actions required for this;
4. Whether or not the right of withdrawal applies;
5. The method of payment, delivery and execution of the agreement;
6. The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
7. The amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
8. Whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
9. The manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
10. Any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
11. The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
12. The minimum duration of the distance contract in the event of a continuous transaction.

Article 5 - The Agreement

• Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
• If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
• The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
• The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. The information about guarantees and existing after-sales service;
4. The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

• In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

• When purchasing products, we offer the consumer the opportunity to dissolve the agreement within 14 days without giving reasons. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
• During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the product meets the consumer's requirements. If the consumer exercises the right of withdrawal, the product must be returned to the entrepreneur with all accessories supplied and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
• If the consumer wishes to exercise the right of withdrawal, he must notify the entrepreneur of this within 14 days of receipt of the product. This notification can be made via the model form or by e-mail. After making the right of withdrawal known, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
• If the consumer has not indicated that he wishes to exercise the right of withdrawal after the aforementioned periods or has not returned the product to the entrepreneur, the purchase is considered final.
• When providing services, the consumer has the option to cancel the agreement within at least 14 days without giving any reason, starting on the day the agreement is concluded.
• In order to exercise the right of withdrawal, the consumer must adhere to the instructions provided by the entrepreneur with the offer or at the latest upon delivery.

Article 7 - Costs in case of revocation

• If the consumer exercises his right of withdrawal, the costs of return shipment will be at his expense.
• If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition for this is that the product has already been received by the entrepreneur or that the consumer can provide conclusive proof of complete return. Refund will be made via the same payment method used by the consumer, unless explicitly agreed otherwise.
• In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
• The consumer cannot be held liable for any diminished value if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3, but only if this is clearly stated in the offer or in good time before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

1. That are manufactured according to consumer specifications;
2. Which are clearly personal in nature;
3. Which by their nature cannot be returned;
4. Which can spoil or become outdated quickly;
5. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software where the consumer has broken the seal;
8. For hygiene products where the consumer has broken the seal.

• Exclusion of the right of withdrawal is also possible for services:

1. Regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
2. The delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
3. Regarding betting and lotteries.

Article 9 - The price

• During the period of validity of the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
• By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
• Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. These are the result of statutory regulations or provisions;
2. The consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use, in addition to other specifically agreed properties.
• Any warranty, if provided by the entrepreneur, manufacturer or importer, does not affect the statutory rights and claims that the consumer can assert under the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must take place in the original packaging and in new condition.
• The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding use or application of the products.
• The warranty does not apply if:

1. The consumer has repaired or modified the delivered products himself or has had them repaired or modified by third parties;
2. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur or the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

• The entrepreneur will exercise the utmost care when receiving orders and carrying out the delivery of products, as well as when assessing requests for service provision.
• The delivery address is the address that the consumer has provided to the entrepreneur.
• Accepted orders will be executed with due haste, but at the latest within 30 days, unless a longer delivery period has been agreed. In the event of delay or impossibility of execution, the consumer will be informed of this within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. There is no right to compensation.
• Delivery times are indicative; no rights can be derived from this. Exceeding a term does not entitle the consumer to compensation.
• If the consumer terminates the agreement in accordance with the above paragraph, the entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after termination.
• If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. The consumer will be informed of this upon delivery.
• The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed by the consumer, unless otherwise agreed.

Article 12 - Duration transactions: duration, termination and extension

Cancellation

• The customer has the right to terminate an agreement for an indefinite period at any time, which is aimed at the regular delivery of products (including electricity) or services, subject to compliance with the agreed termination rules and a notice period of up to one month.
• A fixed-term agreement aimed at the regular delivery of products or services can be terminated by the customer at the end of the agreed term, taking into account the agreed termination rules and a notice period of up to one month.
• The customer may terminate the above-mentioned agreements at any time, without limitation to a specific time or period, in the same manner as they were entered into, and with the same notice period as stipulated by the entrepreneur.

Extension

• A fixed-term contract aimed at the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
• By way of exception to the above, a fixed-term agreement, aimed at the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly extended for a maximum period of three months. The customer may terminate this extended agreement at the end of the extension with a notice period of maximum one month.
• A fixed-term agreement, aimed at the regular delivery of products or services, may only be tacitly extended for an indefinite period if the customer may terminate at any time with a notice period of maximum one month. In the event of delivery less than once a month of daily, news and weekly newspapers and magazines, a notice period of maximum three months applies.
• A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly extended and ends automatically after the trial or introductory period.

Duration

• If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

• Unless otherwise agreed, all amounts due by the customer must be paid within 7 working days after the start of the cooling-off period as stated in article 6 paragraph 1. In the case of a service agreement, this period starts after receipt of the confirmation of the agreement by the customer.
• It is the customer's responsibility to immediately report any inaccuracies in payment details provided to the entrepreneur.
• In the event of non-payment, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs as communicated to the customer in advance.

Article 14 - Complaints procedure

• The entrepreneur has a clearly communicated complaints procedure and will handle complaints in accordance with this procedure.
• Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within 2 months of discovering the defects.
• The entrepreneur will respond within 14 days of receipt of the complaint. If the complaint requires a longer processing time, the entrepreneur will send a confirmation of receipt within this period with an indication of when the customer can expect a more extensive response.
• If a complaint cannot be resolved by mutual agreement, a dispute arises that can be submitted to a dispute resolution body.
• In case of complaints, the customer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur, and the complaint cannot be resolved by mutual agreement, the customer must contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. If no solution is found, the customer has the option of submitting the complaint to the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and to which both the entrepreneur and the customer agree. Submitting a dispute to this committee involves costs that must be paid by the customer. Complaints can also be submitted via the European ODR platform ( http://ec.europa.eu/odr ).
• A complaint does not suspend the obligations of the entrepreneur, unless otherwise indicated in writing by the entrepreneur.
• If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

• Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the customer lives abroad.
• The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

• Additional or deviating provisions in favor of the customer may only be recorded in writing and stored in an accessible manner on a durable data carrier.
• Mystery boxes cannot be returned.