Introduction
Please find below our Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later date.
Article 1.
Definitions
1.1. Rohit Tropical Shop: established in Eindhoven and registered with the Chamber of Commerce under registration number 73568724 trading under the name Rohit Tropical Shop.
1.2. Website: the website of Rohit Tropical Shop, accessed at www.rohittropischewinkel.nl and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Rohit Tropical Shop and/or has registered on the Website.
1.4. Agreement: any arrangement or agreement between Rohit Tropical Shop and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5. General terms and conditions: the present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. All offers, Agreements and deliveries of Rohit Tropical Shop are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2.2. If Customer, in his order, confirmation or communication containing acceptance, includes provisions or conditions that deviate from, or do not appear in the General Terms and Conditions, these are binding for Rohit Tropical Shop only if and as far as they have been expressly accepted by Rohit Tropical Shop in writing.
2.3. In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions shall also apply, but in the event of conflicting terms and conditions, Customer may always rely on the applicable provision that is most favourable to it.
Article 3. Prices and information
3.1. All prices mentioned on the Website and in other materials originating from Rohit Tropical Shop include VAT and, unless otherwise mentioned on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be stated clearly, in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, Rohit Tropical Shop cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials coming from Rohit Tropical Shop are therefore subject to obvious programming and typing errors.
3.4. Rohit Tropical Shop cannot be held responsible for (colour) deviations due to screen quality.
Article 4. Conclusion of the Agreement
4.1. The Agreement is established at the time of the Customer's acceptance of Rohit Tropical Shop's offer and meeting the conditions thereby set by Rohit Tropical Shop.
4.2. If Customer has accepted the offer electronically, Rohit Tropical Shop will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, Customer has the option to dissolve the Agreement.
4.3. If it appears that incorrect data were provided by Customer when accepting or otherwise entering into the Agreement, Rohit Tropical Shop is entitled to fulfil its obligation only after the correct data have been received.
4.4. Rohit Tropical Shop can inform itself within legal frameworks whether Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Rohit Tropical Shop has good grounds not to enter into the Agreement, it is entitled to refuse an order or application, with reasons, or to attach special conditions to the execution, such as prepayment.
Article 5. Registration
5.1. To make best use of the Website, Customer can register via the registration form/ account sign-up option on the Website.
5.2. During the registration procedure, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, his username and password strictly confidential. Rohit Tropical Shop is not liable for misuse of login details and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
5.4. If Customer knows or suspects that his login details have fallen into the hands of unauthorised persons, he should change his password as soon as possible and/or notify Rohit Tropical Shop so that Rohit Tropical Shop can take appropriate measures.
Article 6. Execution of Agreement
6.1. 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 in paragraph 3 of this Article.
6.2. Rohit Tropical Shop is entitled to engage third parties to perform its obligations under the Agreement.
6.3. 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.
6.4. 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 have the option to dissolve the Agreement free of charge.
6.5. 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.
6.6. 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.
6.7. 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 7. Right of withdrawal
7.1. This article only applies to the Customer being a natural person not acting in the exercise of his profession or business.
7.2. Customer has the right to terminate the remotely concluded Agreement with Rohit Tropical Shop within 14 days of receipt of the product, without giving reasons, free of charge.
7.3. 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:
7.4. Customer has to 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.
7.5. Within the withdrawal period referred to in paragraph 1, Customer shall treat the product and its 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.
7.6. 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.
7.7. 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
7.8. 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.
7.9. 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.
7.10. The right of withdrawal does not apply to:
Article 8. Payment
8.1. Customer shall make payments to Rohit Tropical Shop according to the payment methods indicated in the ordering procedure and possibly on the Website. Rohit Tropical Shop is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, Customer has a payment term of 14 days starting the day after delivery.
8.2. If the Customer does not meet his payment obligation(s) on time, the Customer shall, after being notified by Rohit Tropical Shop of the late payment and Rohit Tropical Shop has given the Customer a period of 14 days to pay within this 14-day period, owe the statutory interest on the amount still due, and Rohit Tropical Shop is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. Rohit Tropical Shop may deviate from said amounts and percentages for the benefit of Customer.
Article 9. Guarantee and conformity
9.1. 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.
9.2. 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.
9.3. 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.
9.4. If the delivered product does not comply with the Agreement, Customer shall notify Rohit Tropical Shop within a reasonable time after discovering the defect.
9.5. 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 10. Warranty on business purchases
10.1. 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.
10.2. 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.
10.3. If Rohit Tropical Shop considers the complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with Customer.
Article 11. Complaints procedure
11.1. 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.
11.2. 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.
11.3. 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/.
Article 12. Liability
12.1. This Article only applies if Customer is a natural person or legal entity acting in the exercise of its profession or business.
12.2. The total liability of Rohit Tropical Shop to Customer for attributable failure to perform the Agreement is limited to compensation of up to the amount of the price stipulated for that Agreement (including VAT).
12.3. Liability of Rohit Tropical Shop towards Customer for indirect damage, including in any case - but explicitly not exclusively - consequential damage, lost profits, missed savings, loss of data and damage due to business stagnation, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Rohit Tropical Shop is not liable to Customer for any compensation, regardless of the ground on which an action for compensation would be based. However, the limitations mentioned in this Article lapse if and as far as damages are the result of intent or gross negligence of Rohit Tropical Shop.
12.5. The liability of Rohit Tropical Winkel towards Customer for attributable shortcomings in the fulfilment of an Agreement arises only if Customer immediately and properly gives Rohit Tropical Winkel notice of default in writing, setting a reasonable deadline to cure the shortcoming, and Rohit Tropical Winkel continues to fail in the fulfilment of its obligations even after that deadline. The notice of default should contain as detailed a description of the default as possible, so that Rohit Tropical Shop is able to respond adequately.
12.6. A condition for the creation of any right to compensation is always that the Customer reports the damage in writing to Rohit Tropical Shop as soon as possible, but at the latest within 30 days, after its occurrence.
12.7. In the event of force majeure, Rohit Tropical Shop is not liable to compensate any damage incurred by Customer as a result.
Article 13. Retention of title Business Purchases
13.1. All goods delivered remain the property of Rohit Tropical Shop until all claims Rohit Tropical Shop has on Business Customer (including any related (collection) costs and interest) are paid in full.
13.2 Before said transfer of ownership Zakelijke Klant is not authorised to sell, deliver or otherwise dispose of these goods other than in accordance with his normal business and the normal purpose of the goods. Furthermore, Zakelijke Klant is not allowed to pledge these goods or grant third parties any other right thereto as long as the ownership of these goods has not been transferred to Zakelijke Klant.
13.3 Business Customer is obliged to keep the goods delivered under retention of title carefully and as recognisable property of Rohit Tropical Shop.
13.4. Rohit Tropical Shop is entitled to repossess the goods delivered under retention of title and still in the possession of the buyer, if Business Customer does not ensure timely payment of invoices or is or threatens to be in payment difficulties.
13.5. Business Customer shall allow Rohit Tropical Shop free access to its items at all times for inspection thereof and/or for exercising Rohit Tropical Shop's rights.
Article 14. Personal data
14.1. Rohit Tropical Shop processes Customer's personal data in accordance with the privacy statement published on the Website.
Article 15. Final provisions
15.1. The Agreement shall be governed by Dutch law.
15.2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Rohit Tropical Shop is established.
15.3. If any provision in these General Terms and Conditions turns out to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will determine (a) new provision(s) to replace it(them), which will give shape to the intention of the original provision as much as legally possible.
15.4. In these General Terms and Conditions, "in writing" also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Rohit Tropical Shop
Boulevard Saint Boniface 308
5645NG, Eindhoven
Phone:
E-mail: Info@rohittropischewinkel.nl
Chamber of Commerce number: 73568724
VAT number: NL859582036B01
