General Terms and Conditions

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the business

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – Price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Continuous transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the business;

Day: calendar day;

Subscription: a distance contract relating to a series of products and/or services, with delivery and/or purchase obligations spread over time;

Durable medium: any means that enables the consumer or business to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Model withdrawal form: the model withdrawal form provided by the business that a consumer can complete when wishing to exercise their right of withdrawal.

Business: the natural person or legal entity that offers products and/or services to consumers remotely;

Distance contract: an agreement concluded within the framework of an organised system for the distance sale of products and/or
services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of communication at a distance;

Means of communication at a distance: a means that can be used to conclude an agreement without the consumer and the business being together in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the business.

Article 2 – Identity of the business

Real Roots B.V.            

Nikkelweg 373, 2401 MM, Alphen aan de Rijn, the Netherlands

Telephone number: +31 85 047 44 07

Email address: info@realroots.nl

Chamber of Commerce number: 42021191

VAT identification number: 869330135B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the business and to every distance contract concluded and order placed between the business and the consumer.

2. 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, before the distance contract is concluded, the consumer will be informed that the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.

3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.

4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purport of the original.

6. Situations that are not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and amend the offer.

3. The offer contains a complete and accurate description of the products 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular
in particular:- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
- whether the agreement will be archived after its conclusion and, if so, how the consumer can consult it;
- the way in which the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding the agreement;
- the other languages, if any, in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a continuing transaction.

Article 5 – The agreement

- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set.

- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.

- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

- The trader may, within the limits of the law, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or attach special conditions to its performance.

- The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:

- the visiting address of the trader’s establishment where the consumer can submit complaints;

- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

- the information about guarantees and existing after-sales service;

- the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;

- 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 applies only to the first delivery.

- Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

- When purchasing products, the consumer has the option to cancel the agreement without giving any reason for a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

- During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

- If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of postage.

- If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

For the provision of services:
- For the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.

- To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.

Article 7 – Costs in the event of withdrawal

- If the consumer exercises the right of withdrawal, the consumer will bear no more than the costs of returning the product.

- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

- If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product’s value.

- The consumer cannot be held liable for any reduction in the product’s 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 may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been produced by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken.
for hygiene products whose seal the consumer has broken.

- Exclusion of the right of withdrawal is only possible for services: relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period; the delivery of which has begun with the consumer’s express consent before the withdrawal period has expired; relating to betting and lotteries.

Article 9 – The price

- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices are specified in the offer.

- Price increases within 3 months after the agreement has been concluded are only permitted if they result from statutory regulations or provisions.

- Price increases from 3 months after the agreement has been concluded are only permitted if the trader has stipulated this and: they result from statutory regulations or provisions; or the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

- The prices stated in the offer for products or services include VAT.

- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Guarantee

- The trader warrants 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 statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for purposes other than normal use.

- A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement

- Any defects or incorrectly delivered products must be reported to the business in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition.

- The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business is never responsible for the products’ ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.

- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been handled contrary to the business’s instructions and/or the instructions on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

- The business will exercise the utmost care when receiving and carrying out orders for products and when assessing applications for the provision of services.

- The delivery address is the address provided by the consumer to the company.

- Subject to the provisions of paragraph 4 of this article, the company will process accepted orders as soon as reasonably possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

- All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

- If delivery of an ordered product proves impossible, the business will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the business.

- The risk of damage and/or loss of products rests with the business until the time of delivery to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 12 – Continuous transactions: duration, termination and extension

Termination

- The consumer may terminate an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:at any time and may not be limited to termination at a specific time or during a specific period;at least in the same way as they entered into the agreement;always with the same notice period as the business has stipulated for itself.

Extension

- An agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- By way of derogation from the previous paragraph, an agreement entered into for a definite period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months if the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement entered into for a definite period and intended for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
- An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end 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 one 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 13 – Payment

- Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
- The consumer is obliged to promptly report any inaccuracies in the payment details provided or stated to the business.
- In the event of the consumer’s non-payment, the business has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure

- The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure. Complaints about the performance of the agreement must be submitted to the business in full and clearly described within 2 months after the consumer has identified the defects.
- Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In the event of complaints, the consumer must first contact the business. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing. If the business finds a complaint to be justified, the business may choose either to replace or repair the delivered products free of charge.

Article 15 – Disputes

- Agreements between the business and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad.
- The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions 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 the consumer can store them accessibly on a durable medium.