General terms and conditions
- RIC 4 Life BV, established in Enkhuizen under Chamber of Commerce no. 77789180.
- Customer: the person with whom RIC 4 Life BV has entered into an agreement.
- Parties: RIC 4 Life BV and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of RIC 4 Life BV.
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
- All prices that RIC 4 Life BV uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- RIC 4 Life BV may change all prices charged by RIC 4 Life BV for its products or services, on its website or otherwise.
- Increases in the cost prices of products or parts thereof, which RIC 4 Life BV could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of not paying on time
- If the customer does not pay within the agreed term, RIC 4 Life BV is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day on which the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to RIC 4 Life BV.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, RIC 4 Life BV may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of RIC 4 Life BV against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by RIC 4 Life BV, he is still obliged to pay the agreed price to RIC 4 Life BV.
Right of advertising
- As soon as the customer is in default, RIC 4 Life BV is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- RIC 4 Life BV invokes the right to complain by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to RIC 4 Life BV, unless the parties agree otherwise.
- The costs for the collection or return of the products will be borne by the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that has been tailor-made or modified especially for the consumer
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded from the bengsproducts.com website.
- The consumer is obliged to return the product to RIC 4 Life BV within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
- If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to RIC 4 Life BV in time, RIC 4 Life BV will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete refund returned order to the consumer.
- The costs for delivery are only for the account of RIC 4 Life BV insofar as the complete order is returned.
Reimbursement returns costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the entire order will be borne by the consumer, unless the consumer has an active membership or active account with RIC 4 Life BV.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- RIC 4 Life BV can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has settled all outstanding invoices with regard to RIC 4 Life BV, unless the customer has sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes payments to RIC 4 Life BV.
- RIC 4 Life BV is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to RIC 4 Life BV against a claim against RIC 4 Life BV.
Retention of title
- RIC 4 Life BV remains the owner of all delivered products until the customer has fully fulfilled all its payment obligations towards RIC 4 Life BV under any agreement concluded with RIC 4 Life BV, including claims regarding the failure to comply.
- Until that time, RIC 4 Life BV can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
- If RIC 4 Life BV invokes its retention of title, the agreement is deemed to have been dissolved and RIC 4 Life BV has the right to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at RIC 4 Life BV, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, RIC 4 Life BV has the right to suspend its obligations until the agreed part has been paid as yet.
- In the event of late payment, there is a creditor’s default, with the result that the customer cannot object to RIC 4 Life BV a late delivery.
- The delivery times specified by RIC 4 Life BV are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences when the customer has completed the (electronic) ordering process in full and has received an (electronic confirmation) from RIC 4 Life BV.
- Exceeding the stated delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless RIC 4 Life BV cannot deliver within 14 days after being required to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him/her can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which RIC 4 Life BV cannot be held liable for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to RIC 4 Life BV prior to transport, failing which RIC 4 Life BV cannot be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
- Exchanging purchased items is only possible if the following conditions are met:
- exchange takes place within 7 days after purchase against presentation of the original invoice
- the product is returned in its original packaging or with the original (price) tags still attached
- the product has not yet been used.
- Discounted items, custom items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies RIC 4 Life BV against all third-party claims related to the products and/or services supplied by RIC 4 Life BV.
- The customer must examine a product or service provided by RIC 4 Life BV as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform RIC 4 Life BV of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that RIC 4 Life BV is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to RIC 4 Life BV being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify RIC 4 Life BV of any notice of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches RIC 4 Life BV (on time).
- Joint and several liability customer.
If RIC 4 Life BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to RIC 4 Life BV under that agreement.
Liability RIC 4 Life BV
- RIC 4 Life BV is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If RIC 4 Life BV is liable for any damage, it is only liable for direct damage arising from or related to the
- execution of an agreement.
- RIC 4 Life BV is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If RIC 4 Life BV is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from RIC 4 Life BV expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if RIC 4 Life BV imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by RIC 4 Life BV is not permanently or temporarily impossible, dissolution can only take place after RIC 4 Life BV is in default.
- RIC 4 Life BV has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if RIC 4 Life BV has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure by RIC 4 Life BV to fulfill any obligation towards the customer cannot be attributed to RIC 4 Life BV in any of RIC’s will. 4 Life BV independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of RIC 4 Life BV.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which RIC 4 Life BV cannot fulfill one or more obligations towards the customer, those obligations will be suspended until RIC 4 Life BV can again meet them.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- RIC 4 Life BV does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Change of terms and conditions
- RIC 4 Life BV is entitled to amend or supplement these general terms and conditions.
- Minor changes can be made at any time.
- RIC 4 Life BV will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of RIC 4 Life BV.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what RIC 4 Life BV had in mind when drafting the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where RIC 4 Life BV is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Last balanced on November 02 2021.