Table of contents:
Article 1 – Definitions
Article 2 – Identity of Ropapharm International BV
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 – Ropapharm International BV’s obligations in the event of withdrawal
Article 10 – Compliance and additional warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by Ropapharm International BV or by a third party on the basis of an agreement between that third party and Ropapharm International BV;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and the unaltered reproduction of the stored information makes possible;
- Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or offers remote services to consumers;
- Distance contract: an agreement between Ropapharm International BV and the consumer concluded within the framework of an organized system for the distance selling of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusively or one or more techniques for remote communication are also used;
- Model withdrawal form: the European form included in Appendix I of these conditions model withdrawal form. Annex I does not need to be made available if the the consumer has no right of withdrawal with regard to his order;
- Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time have come together.
Article 2 – Identity of Ropapharm International B.V.
Ropapharm International B.V.;
Kleine Tocht 13, 1507 CB Zaandam, The Netherlands
+31 (0)75 614 41 43
info@ropapharm.nl
Chamber of Commerce number: 34238227
VAT identification number: NL815318261B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer from Ropapharm International BV and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be published with the conditions made available to the consumer. If this is not possible, Ropapharm International BV will indicate how the general terms and conditions can be viewed at Ropapharm International BV and that they are made available at the request of the consumer to be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding 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 it can be read by the consumer. Consumer can store this easily on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs are corresponding applicable and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer possible. If Ropapharm International BV uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind Ropapharm International BV.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are obligations associated with the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the relevant conditions.
2. If the consumer has accepted the offer electronically, Ropapharm International BV confirms without delay by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Ropapharm International BV, the consumer can cancel the agreement.
3. If the agreement is concluded electronically, Ropapharm International BV will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, Ropapharm International BV takes appropriate safety measures to this end.
4. Ropapharm International BV can, within legal frameworks, inform itself whether the consumer can meet payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Ropapharm International BV has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service or digital content to the consumer, Ropapharm International BV will provide the following information in writing or in such a way that it can be read by the consumer in an accessible manner on a durable data carrier, include:
a. the visiting address of the Ropapharm International BV branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer exercises the right of withdrawal can use, or a clear statement regarding the exclusion from it right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the agreement distance;
e. the requirements for termination of the agreement if the agreement has a duration of is more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form or email to info@ropapharm.nl
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
3. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3. has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and to determine the operation of the product. The starting point here is that the consumer buys the product and may only handle and inspect as he would be allowed to do in a shop. The seal has not been broken for hygienic reasons.
2. The consumer is only liable for any resulting reduction in value of the product of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if Ropapharm International BV has not provided all legally required information about ithe 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
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to Ropapharm International BV.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) Ropapharm International BV.
This is not necessary if Ropapharm International BV has offered to collect the product itself. The consumer has the return period will in any case be observed if he returns the product before the cooling-off period has expired.
3. 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 Ropapharm International BV instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. As Ropapharm International BV has not reported that the consumer must bear these costs or if Ropapharm International BV indicates the costs yourself, the consumer does not have to bear the costs for return.
6. If the consumer exercises his right of withdrawal, all additional agreements are terminated by operation of law.
Article 9 – Ropapharm International BV’s obligations in the event of withdrawal
1. If Ropapharm International BV allows the notification of withdrawal by the consumer electronically makes, he will immediately send a confirmation of receipt after receiving this notification.
2. Ropapharm International BV uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
Article 10 – Compliance with agreement and additional warranty
1. Ropapharm International BV guarantees that the products comply with the agreement in the offer specifications stated, meet the reasonable requirements of reliability and/or usability and the specifications stated on the date of conclusion of the agreement, existing legal provisions and/or government regulations. If agreed, Ropapharm International BV also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Ropapharm International BV, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer has under the agreement, and can assert against Ropapharm International BV if Ropapharm International BV has failed to fulfill its obligations part of the agreement.
3. Additional warranty means any obligation of Ropapharm International BV, its supplier, importer or producer in which he grants certain rights or claims to the consumer go further than what it is legally obliged to do in the event that it has failed to comply of his part of the agreement.
Article 11 – Delivery and execution
1. Ropapharm International BV will exercise the utmost care when receiving and handling the execution of orders for products and the assessment of applications for the grant of services.
2. The place of delivery is the address that the consumer has communicated to Ropapharm International BV.
3. With due observance of what is stated in Article 4 of these general terms and conditions, Ropapharm International BV accepts orders expeditiously, but no later than within 30 days unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Ropapharm International BV will refund the amount paid by the consumer refund immediately.
5. The risk of damage and/or loss of products rests with Ropapharm International BV until such time of delivery to the consumer or a pre-designated and announced to Ropapharm International BV representative, unless expressly agreed otherwise.
Article 12 – Payment
1. Unless otherwise stated in the agreement or additional terms and conditions, the Amounts owed to the consumer must be paid within 14 days after the commencement date reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in payment details provided or stated immediately to report to Ropapharm International BV.
3. If the consumer does not fulfill his payment obligation(s) on time, and has been informed of the late payment and Ropapharm International BV has given the consumer a period of 14 days to still meet its payment obligations after failure to pay within this 14-day period, statutory interest is due on the amount still owed and Ropapharm International BV is entitled to charge the extrajudicial collection costs incurred by it to take. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40,=. Ropapharm International BV may deviate from the amounts mentioned for the benefit of the consumer percentages.
Article 13 – Complaints procedure
1. Ropapharm International BV has a complaints procedure and handles the complaint in accordance with this complaints procedure.
2. We recommend that you first report any complaints to us by emailing info@ropapharm.nl If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur. From February 15, 2016, consumers in the EU will also be able to register complaints via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.
3. Complaints submitted to Ropapharm International BV will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Ropapharm International BV will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Ropapharm International BV at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
5. Complaints can be sent to info@ropapharm.nl or Ropapharm International BV, Kleine Tocht 13, 1507 CB Zaandam, The Netherlands.
Article 14 – Disputes
1. On agreements between Ropapharm International BV and the consumer to which these general terms and conditions relate, only Dutch law applies.
Article 15 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be detrimental of the consumer and must be recorded in writing or in such a way that this can be stored by the consumer in an accessible manner in a sustainable manner data carrier.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)
• To: [name of entrepreneur] [entrepreneur’s geographical address] [entrepreneur’s fax number, if available] [e-mail address or electronic address of entrepreneur]
• I/We* hereby inform you that I/we* revoke/revoke our agreement regarding the sale of Ropapharm*
• Ordered on*/received on* [date of order for services or receipt for products]
• [Name of consumer(s)]
• [Consumer(s) address]
• [Signature of consumer(s)] (only when this form is submitted on paper)