Article 1. Execution of Agreement
1.1. Once the order is received by Rohit Tropical Shop, Rohit Tropical Shop will send the products as soon as possible taking into account the provisions of paragraph 3 of this Article.
1.2. Rohit Tropical Shop is entitled to engage third parties to perform its obligations under the Agreement.
1.3. The delivery period is in principle 2 Working Days. The method of delivery can be done in different ways and is at the discretion of Rohit Tropical Shop.
1.4. If Rohit Tropical Shop cannot deliver the products within the agreed period, it shall notify Customer. In that case, Customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
1.5. Rohit Tropical Shop advises Customer to inspect the products delivered and to report any defects found within a reasonable time, preferably in writing. See further the Article on guarantee and conformity.
1.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to Customer. If expressly agreed otherwise, the risk shall pass to Customer before then. If Customer decides to collect the products, the risk shall pass upon transfer of the products.
1.7. Rohit Tropical Shop is entitled to supply a similar product of similar quality as the product ordered, if the product ordered is no longer available. Customer is then entitled to dissolve the Agreement free of charge and return the product free of charge.
Article 2. Right of withdrawal
2.1. This article applies only to the Customer being a natural person not acting in the exercise of his profession or business.
2.2. Customer has the right to terminate the remotely concluded Agreement with Rohit Tropical Shop within 14 days of receiving the product, without giving reasons, free of charge.
2.3. The period commences on the day after the Customer, or a third party designated in advance by him who is not the carrier, has received the product, or:
2.4. Customer must bear the return costs himself, if these costs are higher than the regular postal rate, Rohit Tropical Shop will give an estimate of these costs. Shipping costs incurred by Customer when purchasing the product are not included in the return costs and remain at Customer's own expense.
2.5. Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and packaging with care. Customer shall only open the packaging and use the product insofar as this is necessary to inspect the nature, characteristics and functioning of products. The starting point here is that this inspection may not go beyond what Customer would be able to do in a physical shop.
2.6. Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in the previous paragraph.
2.7. Customer can dissolve the Agreement in accordance with the period set out in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Rohit Tropical Shop, or otherwise unambiguously notifying Rohit Tropical Shop that he renounces the purchase. Rohit Tropical Shop will confirm receipt of that notification in case of a digital notification. After dissolution, Customer still has 14 days to return the product. It is also possible to return the product directly within the withdrawal period set in paragraph 1 of this Article, provided the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.Products can be returned to:
Rohit Tropical Shop
Boulevard Saint Boniface 308
5645NG, Eindhoven
2.8. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Rohit Tropical Shop does not have to refund the additional costs for the more expensive method. Unless Rohit Tropical Winkel offers to collect the product itself, Rohit Tropical Winkel may wait to refund until Rohit Tropical Winkel has received the product or until Customer proves that he has returned the product, whichever is earlier.
2.9. Information on whether or not the right of withdrawal applies and any desired procedure shall be clearly stated on the Website in good time before the conclusion of the Agreement.
2.10. The right of withdrawal does not apply to:
Article 3. Guarantee and conformity
3.1. This article applies only if there is a Customer who is not acting in the exercise of his profession or business. If a separate guarantee is given on the products by Rohit Tropical Shop, notwithstanding what has just been stated, this applies to all types of Customers.
3.2. Rohit Tropical Shop guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Rohit Tropical Shop also guarantees that the product is suitable for other than normal use.
3.3. A guarantee provided by Rohit Tropical Shop, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
3.4. If the delivered product does not comply with the Agreement, Customer must notify Rohit Tropical Shop within a reasonable time after he discovers the defect.
3.5. If Rohit Tropical Shop considers the complaint justified, the relevant products will be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation, taking into account the Article on liability, is equal to the price paid by Customer about the product.
Article 4. Warranty for business purchases
4.1. Rohit Tropical Shop guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Rohit Tropical Shop also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
4.2. If the delivered product does not comply with the Agreement upon delivery, Customer shall notify Rohit Tropical Shop within a reasonable time after discovering the defect.
4.3. If Rohit Tropical Shop considers the complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with Customer.
Article 5. Complaint procedure
5.1. If Customer has a complaint about a product (in accordance with Article on guarantee and conformity) and/or about other aspects of the services of Rohit Tropical Shop, he can lodge a complaint with Rohit Tropical Shop by telephone, e-mail or post. See contact details at the bottom of the Terms and Conditions.
5.2. Rohit Tropical Shop will give Customer a response to his complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or final response, Rohit Tropical Shop will confirm the complaint within 7 days of receipt of the complaint and give an indication of the timeframe within which it expects to provide a substantive or final response to Customer's complaint.
5.3. Customer not acting in the exercise of his profession or business may also submit a complaint via the European Dispute Resolution Platform, accessible at http://ec.europa.eu/odr/.
