Terms and Conditions
Terms and conditions of Living-in By Romy'sDefinitions
In these conditions the following terms have the following meanings:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Time for reflection: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data that is 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 addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the option of the consumer 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 services to consumers at a distance;
- Distance Agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
- Model withdrawal form: a digital version of the withdrawal form can be found on the website;
- Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Identity of the entrepreneur
Living-in By Romy's
Gerard Doustraat 72HS
1072 VV Amsterdam
Article 1 Definitions:
- Living-in by Romy's: In these terms and conditions, Living-in is understood to mean Living-in by Romy's VOF established in (1072 VV) Amsterdam at Gerard Doustraat 72h and registered in the Chamber of Commerce under number 74449699. Living's VAT number -in is: NL859905184B01.
- Buyer: the natural person who does not act in the exercise of a profession or business who enters into an agreement with Living-in through the Living-in webshop at www.living-in.nl.
Article 2 General:
- These general terms and conditions form part of all agreements to be concluded by Living-in and apply to all offers made by Living-in. The applicability of the Buyer's terms and conditions is expressly excluded by Living-in. In the event of invalidity of one or more provisions of these terms and conditions, the other provisions remain in force.
- Living-in has the right to change and / or supplement these general terms and conditions. Living-in will notify the Buyer in writing in the event of a material change at least one month before the relevant change or addition comes into effect. Unless the Buyer objects to the general terms and conditions in writing within two weeks after the date of dispatch of the written notification, the Buyer is deemed to have tacitly agreed to the change or addition.
- After the conclusion of the agreement, additional or amended agreements and / or promises made by or on behalf of Living-in only bind Living-in if they are confirmed by living-in.
Article 3 Offers
- All offers from Living-in, both oral and written - including digital offers - are without obligation and valid for the period specified in the offer. In the absence of such a term, the Living-in offer is valid as long as stocks last.
- The content of the offers and other materials originating from Living-in has been compiled with the greatest care. However, Living-in cannot guarantee that all information provided by Living-in in any way whatsoever is correct and complete. All prices, availability and other information provided by Living-in are subject to obvious programming and typing errors.
- With handmade products in the Living-in collection, deviations in size, structure, color and finish may occur compared to the items depicted or exhibited.
Article 4 Formation of agreements:
- Agreements are concluded at the moment that the Buyer accepts the offer made by Living-in and the Buyer meets the conditions set by Living-in.
- If the Buyer accepts the offer of Living-in electronically, for example via the ordering process on the website of Living-in, Living-in will immediately confirm acceptance of the offer electronically. As long as the acceptance of the offer has not been electronically confirmed by Living-in to the Buyer, the Buyer has the option to dissolve the agreement. A late confirmation of the acceptance of the offer, no later than five days after acceptance of the offer, implies the rejection of the offer from the Buyer, unless Living-in notifies the Buyer within this period that no agreement has been concluded.
Article 5 Information provided by the Buyer:
- The Buyer ensures that all information, of which Living-in indicates that it is necessary for the proper processing of the order, or of which the Buyer should reasonably understand that it is necessary, is provided to Living-in in a timely manner and completely. The buyer guarantees the correctness of the data. The Buyer indemnifies Living-in against any claim from third parties with regard to the information provided by the Buyer.
Article 6 Execution and delivery:
- Unless otherwise agreed, Living-in will deliver the ordered goods to the Buyer within no more than 30 calendar days after the date of conclusion of the agreement. As soon as the goods to be delivered have been delivered to the delivery address specified by the Buyer, the risk regarding the goods will pass to the Buyer.
- The following also applies to the delivery of furniture. A condition for the delivery of furniture in apartments is that - if the apartment is not on the ground floor - there must be an elevator in the apartment that can transport the furniture. When purchasing furniture, the buyer also guarantees that the furniture (at least the purchased piece of furniture) can reach the desired location without obstacles and extra efforts. In the unlikely event that the piece of furniture does not fit, there is no lift, or if extra efforts are necessary, Living-in will return the piece of furniture. The costs of this return shipment are at the expense of the Buyer.
- The buyer shall ensure that upon delivery of furniture, or at least a piece of furniture, the driveway is sufficiently cleared, there is sufficient passage in the walkways or stairwells and that obstacles are removed from the ground, the wall or the ceiling.
Article 7 Prices & additional costs:
- All prices are inclusive of VAT and other levies imposed by the government. All prices exclude shipping costs.
- If there are additional costs - such as, but not limited to, shipping costs, installation costs and costs of cash on delivery - these will be communicated by Living-in to the Buyer in advance, as far as possible.
- Living-in is entitled to change the agreed prices before the conclusion of the agreement as referred to in Article 4, as well as from three months afterwards (insofar as the fulfillment of the agreement has not yet been completed). Until the agreement has been fully fulfilled, Living-in is at all times entitled to increase the agreed prices by the costs that are the result of government measures. In the aforementioned cases, the buyer has the right to dissolve the agreement (insofar as the fulfillment of the agreement has not yet been completed).
- All texts and prices on the Website are subject to writing and typing errors.
Article 8 Payment:
- The buyer must fulfill his payment obligation in the manner agreed between him and Living-in. If the agreement is concluded through the ordering process on the website, the Buyer can fulfill his payment obligation by one of the ways included in the ordering process on the Living-in website. Some payment methods require payment in advance while other payment methods require payment afterwards. Unless otherwise agreed, the buyer must in any case fulfill his payment obligation within 14 days after the date of conclusion of the agreement.
- If the Buyer does not fulfill his payment obligations on time, the Buyer is in default by operation of law and owes default interest at the statutory interest, per month or part thereof.
- The extrajudicial collection costs associated with the collection of an invoice that has not been paid or has not been paid in full are for the account of the Buyer. These are calculated in accordance with the Extrajudicial Collection Costs Decree. The Buyer is only due the extrajudicial collection costs if the Buyer has been reminded to pay by Living-in after the occurrence of the default within 14 days.
Article 9 Right of withdrawal:
- The buyer has the right to dissolve the agreement concluded with Living-in without giving reasons until a period of fourteen days has passed.
- The period referred to in paragraph 1 of this article commences on the day after the day on which the Buyer - or one by the 3.
- Buyer designated third party - has received the ordered goods Buyer exercises the right of withdrawal described above by sending Living-in or Living-in the completed model form, which can be found on the Living-in website, within the period of 14 days. to make another declaration of dissolution within the specified period. If the Buyer issues the statement of dissolution electronically, receipt of this statement will be confirmed without delay.
- As soon as possible, but no later than 14 days from the day following the statement referred to in paragraph 3, the Buyer must return the ordered item (s) to Living-in. The buyer bears the direct costs of returning the item / items
- After termination of the agreement, Living-in will immediately reimburse, but no later than 14 days after the day of receipt of the statement of termination, the payments it has received from the Buyer in that context. The costs will be reimbursed in the same way that Living-in received them from the Buyer. The obligation to repay only exists if Living-in has received the returned goods from the Buyer.
- The buyer is liable for depreciations of the ordered item (s) that are the result of careless handling of the ordered item (s) and the packaging in the period prior to exercising the right of withdrawal.
- Excluded from the right of withdrawal are items manufactured according to the Buyer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Buyer, or items that are clearly intended for a specific person.
- You will bear the direct costs of returning the goods.
Article 10 Force majeure:
- If the supplier (s) of Living-in, for whatever reason, fail to deliver, or do not deliver on time or properly, this applies as force majeure for Living-in with regard to Buyer from the latest delivery date. Force majeure also includes: ice conditions, extreme weather conditions, terrorist attacks, flooding, legal restrictions, strike, government measures, delay in supply, export ban, riots, war, mobilization, transport obstruction, breakdown of machines, failure in the supply of energy, barrier to entry, fire and all other acts of God. The Buyer's obligations are also suspended when Living-in invokes the circumstances referred to in this article.
- If the force majeure situation has lasted one month or longer, the Buyer has the right to dissolve the agreement with Living-in for the part that has not yet been fulfilled by Living-in.
Article 11 Retention of title:
- Living-in reserves the ownership of the goods delivered to the Buyer. Ownership of the goods does not pass to the Buyer until the Buyer has paid in full all amounts owed to Living-in.
Article 12 Warranty:
- The buyer is advised to inspect the delivered goods immediately upon receipt.
- In the event of defects in the delivered goods, the Buyer must contact Living-in in writing, preferably within two weeks after discovery of the defect. With due observance of the rules on the legal guarantee in the Civil Code (7:17 Civil Code et seq.), Living-in will proceed to repair or replace the delivered goods.
- Items delivered through the Outlet and the Sale will not be repaired or replaced by Living-in if these items show a defect or defect.
- Sale cannot be exchanged.
Article 13 Liability:
- The liability provision of this article only applies to the Buyer if the Buyer acts in the exercise of a profession or business.
- The total liability of Living-in due to culpable non-compliance with the agreement is limited to compensation for the damage up to a maximum of the amount of the price stipulated for that agreement (excluding VAT). Under no circumstances will the total compensation for damage amount to more than 500 Euro.
- The maximum amount referred to in paragraph 2 will lapse if and insofar as the damage is the result of our intent or gross negligence.
- Any right to compensation is excluded if the Buyer has not reported the damage to Living-in as soon as possible (no later than 14 days) after the damage has occurred.
Article 14 Further consequences of failure of the Buyer:
- Without prejudice to the provisions of article 8, in the event of default of the Buyer, Living-in can invoke all legal consequences attached thereto under applicable law and all claims of Living-in against the Buyer are immediately and immediately due and payable. Buyer is deemed to be in default if he does not, not properly or not timely comply with any obligation under the agreement, as well as if Buyer is declared bankrupt, debt restructuring is pronounced against Buyer, total seizure of the Buyer's assets. is laid or if the Buyer dies.
- In the aforementioned cases, Living-in also has the right to terminate or suspend the agreement or the part thereof that has not yet been performed without notice of default.
Article 15 Personal data:
- Living-in will process personal data of the Buyer carefully - in accordance with the provisions of the Personal Data Protection Act. The transfer of sensitive payment data (bank and / or credit card data) is encrypted.
Article 16 Applicable law:
- Dutch law applies to all agreements concluded under these conditions.
Article 17 Competent court:
- All disputes between Living-in and the Buyer, in respect of which choice of forum is allowed, will in the first instance only be submitted to the court in Amsterdam.
Article 18 Complaints procedure:
- Without prejudice to the provisions of article 12 of these general terms and conditions, the Buyer can contact Living-in on the contact details below in the event of complaints about the services provided by Living-in. This must be done within five days of the complaint arising.
- Living-in will contact the Buyer within five working days of receiving the complaint and investigate a possible solution.