Algemene voorwaarden

Article 1 – Identity of Roquebrun

Roquebrun is the General Partnership (Vennootschap onder Firma) of Sophie Hennekens and Chiara Bakker, established at Wolfsenstraat 6, 2064 XL Spaarndam.

Email address: info@roquebrun-tan.com

Registered with the Chamber of Commerce under number:
VAT identification number: NL862620958B01

Article 2 – Definitions

In these terms and conditions, the following terms are defined:

Supplementary agreement: an agreement whereby the Customer obtains products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are provided by Roquebrun or by a third party on the basis of an agreement between that third party and Roquebrun;
Cooling-off period: the period during which the Customer may exercise their right of withdrawal;
Customer: any person or entity entering into an agreement with Roquebrun, regardless of whether they are a business or not;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a defined period;
Storage medium: any tool, including email, that enables the Customer or Roquebrun to store information addressed to them personally in a way that allows future consultation or use for a period sufficient for its intended purpose, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the Customer's ability to dissolve the contract within the cooling-off period;
Distance contract: an agreement between Roquebrun and the Customer within a system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more means of remote communication are used exclusively or jointly;
Standard withdrawal form: the European standard form included in Annex I. The form need not be submitted if the Customer has no right of withdrawal in respect of their order;
Means of remote communication: means that can be used to conclude a contract without the Customer and Roquebrun needing to be in the same room at the same time.

Article 3 – Scope of Application

1. These general terms and conditions (hereinafter "Terms") apply to all promotional offers, orders and agreements of Roquebrun and to all distance contracts between Roquebrun and the Customer.

2. Accepting a promotion or placing an order implies that the Customer agrees to the applicability of these Terms and the privacy policy. By ticking the designated box, the Customer declares and warrants that they have fully read and understood the Terms.

3. All rights and claims available to Roquebrun under these Terms or other contracts also apply to intermediaries and other third parties engaged on behalf of Roquebrun.

4. Before the distance contract is concluded, the text of these Terms will be made available to the Customer. If this is not reasonably possible, Roquebrun will indicate how the Terms can be consulted and that they will be sent to the Customer free of charge upon request as soon as possible.

5. If the distance contract is concluded electronically, and notwithstanding the preceding paragraph, the text of these Terms will be made available to the Customer electronically before the distance contract is concluded, so the Customer can easily store them on a storage medium. If this is not reasonably possible, Roquebrun will indicate where the Terms can be consulted and downloaded electronically before the distance contract is concluded and that they will be sent to the Customer free of charge upon request as soon as possible.

6. If specific product or service terms apply in addition to these Terms, paragraphs 4 and 5 of this article apply accordingly. In the event of a conflict, the Customer shall always be entitled to rely on the provision most favourable to them.

7. If a contract is concluded verbally, it only comes into effect once the buyer has sent a written confirmation of the order.

8. Roquebrun may unilaterally amend the Terms, including for existing agreements; in the event of changes made during the period between an offer and the conclusion of the contract, the conditions most favourable to the Customer apply. The amended Terms are available free of charge upon request.

9. The right of withdrawal as set out in Article 6 et seq. of these Terms does not apply to a Customer who is not a consumer. A consumer is a person who does not act for purposes relating to their trade, business, craft or profession.

10. In the event of a conflict between the Dutch text of the Terms and the English text, the Dutch text prevails.

Article 4 – The Offer

If an offer is of limited duration or subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If Roquebrun uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on Roquebrun.
Each offer contains the information the Customer needs regarding their rights and obligations in connection with accepting the offer.

Article 5 – The Agreement

The agreement is concluded – subject to paragraph 4 of this article – at the moment the Customer accepts the offer and meets the applicable conditions.
If the Customer has accepted the offer electronically, Roquebrun will immediately confirm receipt of the electronic acceptance. Until Roquebrun has confirmed receipt of this acceptance, the Customer may dissolve the contract.
If the contract is concluded electronically, Roquebrun will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, Roquebrun will take appropriate security measures.
Roquebrun may, within the applicable legal frameworks, investigate whether the Customer is able to fulfil their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If Roquebrun has good reason on the basis of this investigation not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to it.
Roquebrun will send the Customer the following information upon delivery of the product, service or digital content, in writing or in a manner that allows the Customer to store it on an accessible durable medium:
1. the address of Roquebrun's premises where the Customer can submit complaints;
2. the conditions and procedure under which the Customer may exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
3. information about existing after-sales service and guarantees;
4. the price, inclusive of all taxes on the product, service or digital content; delivery costs where applicable; and the payment, delivery or performance arrangements;
5. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. the standard withdrawal form, if the Customer has a right of withdrawal.
In the case of a continuing agreement, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

The Customer may dissolve a contract for the purchase of a product during a cooling-off period of fourteen days without giving any reason. Roquebrun may ask the Customer for the reason for withdrawal but may not compel the Customer to state one.
The cooling-off period begins on the day after the Customer, or a third party designated by the Customer (not being the carrier), has received the product, or:
1. If the Customer has ordered multiple products in the same order: the day on which the Customer, or a designated third party, has received the last product. Roquebrun may refuse an order of multiple products with different delivery times, provided the Customer is clearly informed of this before the ordering process.
2. If delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a designated third party, has received the last shipment or part;
3. For agreements involving the regular delivery of products over a defined period: the day on which the Customer, or a designated third party, has received the first product.

Article 7 – Customer's Obligations During the Cooling-Off Period

During this period, the Customer shall treat the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. The guiding principle is that the Customer shall handle and inspect the product as they would be permitted to do in a physical shop.
The Customer is only liable for any diminishment in the value of the product resulting from handling that goes beyond what is permitted in paragraph 1 of this article.
The Customer is not liable for any diminishment in the value of the product if Roquebrun did not provide the required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Customer and Associated Costs

If the Customer exercises their right of withdrawal, they must notify Roquebrun within the cooling-off period using the standard withdrawal form or in another unambiguous written manner.
As quickly as possible, but within fourteen days of the notification referred to in paragraph 1, the Customer shall return or hand over the product to (a representative of) Roquebrun. This is not required if Roquebrun has offered to collect the product. The Customer shall be deemed to have returned the product in time if it is dispatched before the cooling-off period has expired.
The Customer shall return the product with all accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Roquebrun.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
The Customer bears the direct costs of returning the product. If Roquebrun has not indicated that the Customer must bear these costs, or if Roquebrun indicates that it will bear the costs itself, the Customer does not bear these costs.
If the Customer exercises their right of withdrawal, all supplementary contracts are automatically dissolved.

Article 9 – Roquebrun's Obligations Upon Withdrawal

If Roquebrun accepts the Customer's cancellation electronically, it will promptly send an acknowledgement of receipt of this notification.
Roquebrun will refund all payments from the Customer, including any delivery costs for the returned product, without delay but within fourteen days of the day on which the Customer notifies the withdrawal. Unless Roquebrun offers to collect the product, it may withhold the refund until it has received the returned goods or until the Customer can demonstrate that the product has been returned, whichever occurs first.
Roquebrun will refund the amount due using the same payment method used by the Customer, unless the Customer agrees to a different method. The refund is free of charge for the Customer.
If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, Roquebrun is not obliged to refund the additional costs for the more expensive method.

Article 10 – Exclusions from the Right of Withdrawal

Roquebrun may exclude the following goods and services from the right of withdrawal, but only if Roquebrun explicitly states this in the offer or at least before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which Roquebrun has no influence and which may occur during the cooling-off period;
Products manufactured according to the Customer's specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the Customer, or which are clearly intended for a specific person;
Products that are perishable or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are, by their nature, irreversibly mixed with other products after delivery.

Article 11 – Price

During the validity period stated in the offer for products and/or services, the prices of those products and/or services will not be increased, except for price changes resulting from changes in legislation.
Notwithstanding paragraph 1, Roquebrun reserves the right to implement price increases not resulting from changes in legislation.
If Roquebrun raises a fixed price within three months of concluding the agreement, the Customer may dissolve the agreement.

Article 11A – Currency

All stated prices for offered goods and services are in euros, inclusive of VAT and exclusive of shipping costs, applicable taxes or other charges, unless otherwise stated or agreed.
If the price is stated in a foreign currency, the value in that foreign currency shall never exceed the equivalent price in euros at the time of acceptance of the order.

Article 11B – Incorrect Price

If Roquebrun's website states clearly incorrect prices as a result of a software error or human error, Roquebrun reserves the right to correct the prices. The Customer shall always have the option to dissolve the agreement in such a case. The Customer will be informed of the incorrect price by email.

Article 12 – Compliance with the Agreement

Roquebrun guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability, and with the existing statutory provisions and/or regulations at the date of conclusion of the agreement. Where agreed, Roquebrun may also guarantee that the product is suitable for use other than its normal intended use.

Article 13 – Delivery and Performance

Roquebrun will exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the Customer has provided to Roquebrun.
Subject to what is stated in Article 4 of these Terms, Roquebrun will accept orders within thirty days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not delivered or only partially delivered to the Customer, the Customer will be notified of this within thirty days of the order. In such a case, the Customer has the right to terminate the contract without penalty and with the right to any compensation.
Following dissolution in accordance with the preceding paragraph, Roquebrun will refund the amount paid by the Customer without delay.
The risk of damage and/or loss of products lies with Roquebrun until the moment of delivery to the Customer, unless expressly agreed otherwise.
The stated delivery periods are estimates based on the availability of goods and typical delivery times. All products are dispatched on behalf of and at the risk of the Customer.
Each Customer is responsible for import duties, fees and taxes applicable in their country. The Customer indemnifies Roquebrun against any import duty obligations imposed by the country of destination.

Article 14 – Continuing Agreements: Duration, Termination and Renewal

Termination:

The Customer may terminate an open-ended contract aimed at the regular delivery of products or services at any time in accordance with the applicable termination rules and with a notice period of no more than one month.
The Customer may terminate a fixed-term contract aimed at the regular delivery of products or services at any time before the end of the agreed term in accordance with the applicable termination rules and with a notice period of no more than one month.

Renewal:

A fixed-term contract aimed at the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
A fixed-term contract aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Customer can cancel at any time with a notice period of no more than one month.

Duration:

If an agreement has a duration of more than one year, the Customer may terminate the agreement with one month's notice, unless termination before the end of the agreed term would be unreasonable.

Article 15 – Payment

Payment must be made within fourteen days of the invoice date for shipments within the Netherlands, and within twenty days of the invoice date for shipments outside the Netherlands, unless otherwise agreed in writing.
In the case of bank payment, the payment date is the date on which Roquebrun's bank account is credited.
If advance payment is agreed, the Customer cannot assert any rights regarding the execution of their order until the required advance payment has been made.
The Customer is obliged to report any inaccuracies in payment details to Roquebrun without delay.
If a Customer fails to meet their payment obligations, the Customer will be given a fourteen-day period to make the outstanding payment. After this fourteen-day period, Roquebrun is entitled to charge out-of-court collection costs. These collection costs are equal to those set out in the collection cost schedule available at:
https://www.rechtspraak.nl/...

Article 16 – Complaints Procedure

If the Customer has a complaint about delivered goods, they may contact Roquebrun customer service via the contact form.
Roquebrun aims to:

Handle complaints as quickly as possible;
Inform the Customer of the timeframe within which a complaint will be resolved;
Keep the Customer informed of the status of their complaint.

Complaints about the performance of the agreement must be reported within a reasonably short period after the complaint has been identified. Notifications must contain a complete and clear description of the complaint.
Roquebrun will respond to submitted complaints within fourteen days of receipt. If a complaint requires a foreseeably longer processing time, Roquebrun will respond within fourteen days of receipt with an acknowledgement and an indication of when a more detailed response can be expected.
The Customer must give Roquebrun a period of at least four weeks to resolve complaints mutually.

Article 17 – Disputes

Dutch law applies to these Terms and to any agreement with Roquebrun, except where mandatory national law provides otherwise.

All disputes arising directly or indirectly from an agreement with Roquebrun shall be settled exclusively by the competent Dutch court.
For agreements between Roquebrun and a Customer adjudicated in another EU member state, Dutch law applies exclusively, regardless of which law governs the contractual relationship between the parties.
The Dutch court has exclusive jurisdiction over any dispute arising from a specific legal relationship, regardless of whether the parties are established in an EU member state.

Article 18 – Severability and Interpretation

If one or more provisions of these Terms appear to be legally invalid, the remaining Terms remain in force. The parties will discuss the invalid provisions and ensure that a legally valid replacement provision is drafted that corresponds as closely as possible to the purpose of the provision being replaced.
These Terms apply exclusively to contracts between Roquebrun and Customers. If Roquebrun refers to two or more conditions, acceptance of all mentioned conditions by the Customer is implied.
In the event of a conflict with other terms and conditions, these Terms apply exclusively. In the event of a conflict between the Dutch conditions and the English translation, the Dutch conditions apply within the Kingdom of the Netherlands, and the English conditions apply outside the Kingdom of the Netherlands.

Article 19 – Liability

The content on the website is intended solely as general information and not as diagnostic or therapeutic advice, nor as a substitute for medical advice in any other way. Roquebrun is not liable for the efficacy of products, the content of manufacturer leaflets, informational texts, descriptions of treatment methods or other descriptions on the website, and no guarantees can be given. Roquebrun does not provide legal and/or medical advice and does not provide medical and/or diagnostic services. If a Customer relies on the accuracy of information provided on or through the website, they do so entirely at their own risk and cost.

Neither Roquebrun, nor any of its owners, managers, directors, employees, representatives, partners, advertisers or affiliated companies, is responsible for incorrect, inaccurate, incomplete or misleading information on the website and/or provided during the payment process.

Each Customer shall fully indemnify and compensate Roquebrun in the event of losses, costs or damage (including reasonable legal, expert or other reasonable legal costs) arising from, existing as a result of, or connected in any way to:

1. The Customer's failure to comply with these Terms;
2. Unauthorised or unlawful use of the website by the Customer;
3. An incorrect interpretation of facts on the website;
4. Claims by persons or entities other than Roquebrun and the Customer arising from or related to the Customer's use of the website.

Viruses, hacking and other criminal offences

It is strictly prohibited to misuse the website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material. Furthermore, it is prohibited to gain unauthorised access to the website, the server on which the website is stored, or any server, computer or database connected to the website. The aforementioned acts constitute criminal offences and Roquebrun will report such offences to the relevant authorities. Roquebrun may disclose the Customer's identity to those authorities. In any of the cases mentioned above, the Customer's right to use the website terminates immediately.

Roquebrun is never liable for any loss or damage caused by a DDoS attack or other attack, viruses or other technologically harmful material that infects computer systems, computer software, data or other material protected by intellectual property rights as a result of using the website or downloading material from the website or any other website linked to it.