General terms and conditions | REZA Est. 1988
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Consumer: a natural person whose actions are not carried
out for objectives relating to the course of a trade, a profession or a
- Day: calendar day;
- Digital Content: data that are produced and supplied in digital form;
- Distance Contract: a contract concluded between Trader and
Consumer within the framework of system organized for the distance sale
of products, Digital Content and/or services, whereby sole or partly use
is made of one or more techniques for distance communication up to and
including the moment that the contract is concluded;
- Durable Medium: every means - including emails - that
enables Consumer or Trader to store information that is addressed to him
in person in a way that facilitates its future use or consultation
during a period that is in keeping with the objective for which the
information is intended, and which facilitates the unaltered
reproduction of the stored information;
- Extended Duration Contract: a Distance Contract relating to
a series of products and/or services, whereby the obligation to supply
and/or purchase is spread over a period of time;
- Model Form for Right of Withdrawal: the European Model Form for Right of Withdrawal that is included in Appendix I of these terms and conditions;
- Right of Withdrawal: the possibility for Consumer to waive a Distance Contract within the Withdrawal Period;
- Supplementary Agreement: an agreement in which Consumer
obtains products, Digital Content and/or services via a Distance
Contract, and Trader or a third party delivers these products, Digital
Content and/or services in accordance with an agreement between that
third party and the Trader;
- Technique for Distance Communication: means that can be
used for communication regarding the offer made by Trader and concluding
a contract, without the necessity of Consumer and Trader being in the
same place at the same time.
- Trader: a natural or legal person who offers products, (access to) Digital Content and/or services to Consumers from a distance;
- Withdrawal Period: the period within which Consumer can make use of his Right of Withdrawal;
Article 2 - Identity of the Trader
Name Trader: REZA Retail B.V. (also doing business as REZA Est. 1988)
REZA Retail B.V.
5211 HS ’S-HERTOGENBOSCH
Telephone number: +31(0)736909867
Email address: email@example.com
Chamber of Commerce number: 61962244
VAT identification number: NL854568943B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by
Trader and to every Distance Contract that has been realized between
Trader and Consumer.
- Prior to the conclusion of a Distance Contract, the text of these
general terms and conditions will be made available to Consumer. If this
is not reasonably possible, Trader will indicate, before the Distance
Contract is concluded, in what way the general terms and conditions are
available for inspection at the Trader’s premises and that they will be
sent free of charge to Consumer, as quickly as possible, at Consumer’s
- If the Distance Contract is concluded electronically, then,
contrary to the previous paragraph, and before the Distance Contract is
concluded, Consumer will be provided with the text of these general
terms and conditions electronically, in such a way that Consumer can
easily store them on a Durable Medium. If this is not reasonably
possible, then before concluding the Distance Contract, Trader will
indicate where the general terms and conditions can be inspected
electronically and that at his request they will be sent to Consumer
free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and
conditions apply in addition to these general terms and conditions, the
second and third paragraphs apply by analogy and Consumer can always
invoke the applicable condition that is most favourable to him in the
event of incompatible general terms and conditions.
Article 4 - The offer
- If an offer is subject to a limited period of validity or is made
subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the
products, Digital Content and/or services being offered. The description
is sufficiently detailed to enable Consumer to make a proper assessment
of the offer. If Trader makes use of illustrations, these will be a
true representation of the products and/or services being offered.
Trader is not bound by obvious errors or mistakes in the offer.
- Every offer contains information that makes it clear to Consumer
what rights and obligations are related to the acceptance of the offer.
Article 5 - The contract
- The contract will be concluded, subject to that which is
stipulated in paragraph 4, at the moment at which Consumer accepts the
offer and the conditions thereby stipulated have been fulfilled.
- If Consumer has accepted the offer electronically, Trader will
immediately confirm receipt of acceptance of the offer electronically,
it being understood that Trader may revoke such order confirmation in
respect of offers made in the online outlet within 5 Days after Consumer
has received such order confirmation in which case (i) no contract
deemed to have been concluded and (ii) any payments made shall be
reimbursed to Consumer in accordance with Article 9. Consumer can
dissolve the contract as long as this acceptance has not been confirmed
- If the contract is concluded electronically, Trader will take
suitable technical and organizational measures to secure the electronic
transfer of data and he will ensure a safe web environment. If Consumer
is able to pay electronically, Trader will take suitable security
- Trader may obtain information – within statutory frameworks –
about Consumer’s ability to fulfil his payment obligations, as well as
about facts and factors that are important for the responsible
conclusion of the Distance Contract. If that research gives Trader
proper grounds for declining to conclude the contract, then he has a
right, supported by reasons, to reject an order or application or to
bind its implementation to special conditions.
Trader will send to Consumer, at the latest when delivering a
product, service or Digital Content, the following information, in
writing, or in such a way that Consumer can store it on an accessible
- the office address of Trader’s business location where Consumer can lodge complaints;
- the conditions under which Consumer can make use of the Right
of Withdrawal and the method for doing so, or a clear statement relating
to preclusion from the Right of Withdrawal;
- information on guarantees and existing after-sales service;
- the price, including all taxes on the product, service or
Digital Content; the costs of delivery insofar as applicable, and the
method of payment, delivery or implementing the Distance Contract;
- the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
- if Consumer has a Right of Withdrawal, the Model Form for Right of Withdrawal.
- In case of an Extended Duration Contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products
- When purchasing products, Consumer has the right to dissolve a
contract, without giving reasons, during a period of at least 14 Days.
Trader is allowed to ask Consumer for the reason of this dissolution,
but Consumer is under no obligation to state his/her reason(s).
The period stipulated in para. 1 commences on the Day after the
product was received by Consumer, or a third party designated by
Consumer, who is not the transporting party, or:
- if Consumer has ordered several products: the Day on which
Consumer, or a third party designated by Consumer, received the last
product. Trader may refuse a single order for several products with
different delivery dates, provided he clearly informed Consumer of this
prior to the ordering process.
- if the delivery of a product involves different deliveries or
parts: the Day on which Consumer, or a third party designated by
Consumer, received the last delivery or the last part;
- with contracts for the regular delivery of products during a
given period: the Day on which Consumer, or a third party designated by
Consumer, received the last product.
Upon delivery of services and Digital Content that is not supplied on a material medium:
- Consumer has the right to dissolve a contract, without giving
reasons, for the supply of Digital Content that is not supplied on a
material medium during a period of at least fourteen Days. The Trader is
allowed to ask Consumer for the reason of this dissolution, but
Consumer is under no obligation to state his/her reason(s).
- The period stipulated in para. 3 commences on the Day after the contract was concluded.
Extended Withdrawal Period for products, services and Digital Content
that is not supplied on a material medium in the event a Consumer was
not informed about the Right of Withdrawal:
- If Trader did not provide Consumer with the statutorily obligatory
information about the Right of Withdrawal or if the Model Form for
Right of Withdrawal was not provided, the Withdrawal Period ends twelve
months after the end of the originally stipulated Withdrawal Period
based on the previous paragraphs of this article.
- If Trader provided Consumer with the information referred to in
the previous paragraph within twelve months of the commencing date of
the original Withdrawal Period, the Withdrawal Period shall end 14 Days
after the Day on which Consumer received the information.
Article 7 - Consumers’ obligations during the Withdrawal Period
- During the Withdrawal Period, Consumer shall treat the product and
its packaging with care. He shall only unpack or use the product as far
as necessary in order to assess the nature, characteristics and
efficacy of the product. The point of departure here is that Consumer
may only handle and inspect the product in the same way that he would be
allowed in a shop.
- Consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted in para.
- Consumer is not liable for the product’s devaluation if Trader did
not provide him with all the statutorily obligatory information about
the Right of Withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their Right of Withdrawal and the costs involved
- Consumer who wants to exercise his Right of Withdrawal shall
report this to Trader, within the Withdrawal Period, by means of the Model Form for Right of Withdrawal or in some other unequivocal way.
- As quickly as possible, but no later than 14 Days after the Day of
reporting as referred to in para. 1, Consumer shall return the product,
or hand it over to (a representative of) Trader. This is not necessary
if Trader has offered to collect the product himself. Consumer will in
any case have complied with the time for returning goods if he sends the
product back before the Withdrawal Period has lapsed.
- Consumer returns the product with all relevant accessories, if
reasonably possible in the original state and packaging, and in
accordance with the reasonable and clear instructions provided by the
- The risk and the burden of proof for exercising the Right of Withdrawal correctly and in time rest upon Consumer.
- Consumer bears the direct costs of returning the product. If
Trader has not declared that Consumer shall bear these costs or if
Trader indicates a willingness to bear these costs himself, then
Consumer shall not be liable to bear the costs of returning goods.
Article 9 - Traders’ obligations in a case of withdrawal
- If Trader makes it possible for Consumer to declare his withdrawal
via electronic means, then after receiving such a declaration, he sends
immediate confirmation of receipt.
- Trader reimburses Consumer immediately with all payments,
including any delivery costs Trader charged for the returned product,
though at the latest within 14 Days after the Day on which Consumer
reported the withdrawal. Except in cases in which Trader has offered to
retrieve the product himself, he can postpone refunding until he has
received the product or until Consumer proves he has returned the
product, depending on which occurs earlier.
- For any reimbursement, Trader will use the same payment method
that was initially used by Consumer, unless Consumer agrees to another
method. Reimbursement is free of charge for Consumer.
- If Consumer chose an expensive method of delivery in preference to
the cheapest standard delivery, Trader does not have to refund the
additional costs of the more expensive method.
Article 10 - The price
- During the period of validity indicated in the offer, the prices
of the products and/or services being offered will not be increased,
except for price changes in VAT-tariffs.
- Contrary to the previous paragraph, Trader may offer products or
services at variable prices, in cases where these prices are subject to
fluctuations in the financial market over which Trader has no influence.
The offer must refer to this link with fluctuations and the fact that
any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded
are only permitted if they are the result of statutory regulations or
Price increases more than 3 months after the contract was concluded are only permitted if the Trader stipulated as much and:
- they are the result of statutory regulations or stipulations; or
- Consumer is authorized to terminate the contract on the Day on which the price increase takes effect.
- Prices stated in offers of products or services include VAT.
Article 11 - Contract fulfilment and extra guarantee
- Trader guarantees that the products and/or services fulfill the
contract, the specifications stated in the offer, the reasonable
requirements of reliability and/or serviceability and the statutory
stipulations and/or government regulations that existed on the date that
the contract was concluded. If agreed Trader also guarantees that the
product is suited for other than normal designation.
- An extra guarantee arrangement offered by Trader, manufacturer or
importer can never affect the statutory rights and claims that Consumer
can enforce against the Trader on the grounds of the contract if the
Trader failed to fulfill his part in the contract.
- An extra guarantee is defined as every commitment of Trader, his
supplier, importer or manufacturer that grants Consumer rights or
claims, in excess of those provided by law, for the event that he fails
to fulfil his part in the contract.
Article 12 - Supply and implementation
- Trader will take the greatest possible care when receiving and
implementing orders for products and when assessing applications for the
provision of services.
- The place of delivery is deemed to be the address that Consumer makes known to the company.
- Taking into consideration that which is stated in article 4 of
these general terms and conditions, the company will implement accepted
orders with efficient expedition, though at the latest within 30 Days,
unless a different period of delivery has been agreed. If delivery
suffers a delay, or if the delivery cannot be implemented, or only
partially, Consumer will be informed about this at the latest 30 Days
after the order was placed. In this case, Consumer has a right to
dissolve the contract free of charge and a right to possible damages.
- Following dissolution in accordance with the previous paragraph, Trader refunds Consumer immediately the sum he had paid.
- The risk of damage and/or loss of products rests upon Trader up to
the moment of delivery to Consumer or a representative previous
designated by Consumer and announced to Trader, unless this has
explicitly been agreed otherwise.
Article 13 - Extended duration transactions: duration, termination and prolongation
- Consumer has a right at all times to terminate an open-ended
contract that was concluded for the regular supply of products or
services, subject to the agreed termination rules and a period of notice
that does not exceed one month.
- Consumer has a right at all times to terminate a fixed-term
contract that was concluded for the regular supply of products or
services at the end of the fixed-term, subject to the agreed termination
rules and a period of notice that does not exceed one month.
With respect to contracts as described in the first two paragraphs, Consumer can:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that stipulated for Trader.
- A fixed-term contract that was concluded for the regular supply of
products or services may not be automatically prolonged or renewed for a
fixed period of time.
- In departure from that which is stated in the previous paragraph, a
fixed-term contract that has been concluded for the regular supply of
daily or weekly newspapers or magazines may be automatically prolonged
for a fixed term that does not exceed three months, if Consumer is at
liberty to terminate this prolonged contract towards the end of the
prolongation, with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular
supply of products or services may only be automatically prolonged for
an indefinite period of time if Consumer has at all times the right to
terminate, with a period of notice that does not exceed one month and,
in the case of a contract to supply daily or weekly newspapers or
magazines regularly but less than once per month, a period that does not
exceed three months.
- A fixed-term contract for the regular supply, by way of
introduction, of daily or weekly newspapers and magazines (trial
subscriptions or introductory subscriptions) will not be automatically
prolonged and will automatically terminate at the end of the trial
period or introductory period.
- If the fixed term of a contract exceeds one year, then after one
year Consumer has at all times a right to terminate, with a period of
notice that does not exceed one month, unless reasonableness and
fairness dictate that premature termination of the contract would be
Article 14 - Payment
- As far as no other date is stipulated in the contract or
supplementary conditions, sums payable by Consumer should be paid within
14 Days after commencement of the Withdrawal Period, or in the absence
of a Withdrawal Period within 14 Days after the conclusion of the
contract. In the case of a contract to provide a service, this 14-Day
period starts on the Day after Consumer received confirmation of the
- Consumer is obliged to report immediately to Trader any inaccuracies in payment data provided or stated.
- If a Consumer fails to fulfil his payment obligation(s) in good
time, after Trader has informed Consumer about the late payment,
Consumer is allowed 14 Days in which to fulfil the obligation to pay; if
payment is not made within this 14-Day period, statutory interest will
be payable over the sum owed and Trader has the right to charge
reasonable extrajudicial costs of collection he has incurred. These
costs of collection amount to, at the most: 15% of unpaid sums up to
€2.500; 10% over the next €2.500; and 5% over the next €5.000, with a
minimum of €40. Trader can make departures from these sums and
percentages that are favourable to Consumer.
Article 15 – Deviations
Trader cannot guarantee that the colour, size and/or text of the
product as shown on the website are exactly similar to the product as
delivered to Consumer by Trader.
Article 16 - Privacy
Article 17 – Intellectual Property
Trader owns all intellectual property rights related to the product.
Article 18 – Liability
- As far as permitted by law, Trader excludes all liability for any
damages incurred by Consumer if the product ordered by Consumer is not
available and/or delivered (on time).
- Without prejudice to the provisions of Article 20.1, and as far as
permitted by law, Trader’s liability will be limited to maximum amount
of the purchase price of the concerning product.
Article 19 – Force Majeure
- In the event of force majeure Trader has the right to suspend all
her obligations under the Supplementary Agreement. An event of force
majeure includes strikes, breakdowns, sickness or import/export bans at
Trader or at third parties engaged by Trader.
- In the event it is clear that the period of force majeure will
last longer than two months, either of the parties has the right to
dissolve the Supplementary agreement without having the obligation to
pay any damages.
Article 20 – Questions and Complaints
- For questions/information User can contact the service department
at telephone number: +31 (0)73 690 98 67 or at the e-mail address
- In the event Consumer is not satisfied with the product or with
any other products and/or services of Trader, Consumer has the
possibility to file a complaint at the service department at telephone
number +31 (0)73 690 98 67 or at e-mail address firstname.lastname@example.org.
This must be done within fourteen (14) calendar Days following the Day
Consumer discovered or should reasonably has discovered the reason to
file the complaint.
Article 21 – Governing Law and Competent Court
- These general term and conditions and the Supplementary agreement are governed by Dutch law.
- Any and all disputes arising from the General Conditions and the
Distant Contract and Supplementary Agreement will be submitted to the
competent court of Den Bosch, The Netherlands.