General conditions

Definitions

  1. RIC 4 Life BV, established in Enkhuizen under KvK no. 77789180.
  2. Customer: the person with whom RIC 4 Life BV has entered into an agreement.
  3. Parties: RIC 4 Life BV and customer together.
  4. Consumer: a customer who is also an individual acting as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of RIC 4 Life BV.
  2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Prices

  1. All prices quoted by RIC 4 Life BV are in euros, are inclusive of VAT and exclusive of any other costs such as administration fees, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices used by RIC 4 Life BV for its products or services, on its website or otherwise made known, RIC 4 Life BV may change at any time.
  3. 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 entering into the agreement, may result in price increases.
  4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to 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

  1. If the client fails to pay within the agreed term, RIC 4 Life BV shall be entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day the client is in default, with part of a month being counted as a whole month.
  2. If the client is in default, it shall also owe extrajudicial collection costs and any damages to RIC 4 Life BV.
  3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
  4. If the client fails to pay on time, RIC 4 Life BV may suspend its obligations until the client has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of RIC 4 Life BV against the customer shall be immediately due and payable.
  6. 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

  1. Once the customer is in default, RIC 4 Life BV shall be entitled to invoke the right of claim in respect of the unpaid products delivered to the customer.
  2. RIC 4 Life BV invokes the right of claim by written or electronic communication.
  3. As soon as the customer is informed of the invoked right of complaint, the customer shall immediately return the products to which this right relates to RIC 4 Life BV, unless the parties agree otherwise.
  4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

  1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
    • the product has not been used
    • it is not a product that has been customized or adapted specifically for the consumer
    • the consumer has not waived his right of withdrawal
  1. The 14-day cooling-off period mentioned in paragraph 1 begins:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has received the first product with a subscription
    • once the consumer has acquired a service for the first time
  1. Consumers may make their right of withdrawal known at info@ric4life.com, if desired using the withdrawal form which can be downloaded from the website of bengsproducts.com.
  2. The consumer is obliged to return the product to RIC 4 Life BV within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Reimbursement of delivery costs  

  1. If the consumer has timely exercised his right of withdrawal and as a result has timely returned the complete order to RIC 4 Life BV, RIC 4 Life BV will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.
  2. The cost of delivery shall be borne by RIC 4 Life BV only insofar as the entire order is returned.

Return cost reimbursement 

If the consumer invokes the right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order will be borne by the consumer, unless the consumer has an active membership or account with RIC 4 Life BV.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Lien 

  1. RIC 4 Life BV may invoke its right of retention and, in that case, retain products of the customer until the customer has paid all outstanding bills against RIC 4 Life BV, unless the customer has provided adequate security for those costs.
  2. The lien shall also apply pursuant to prior agreements from which the client still owes payments to RIC 4 Life BV.
  3. RIC 4 Life BV shall never be liable for any damages that the customer may suffer as a result of exercising his lien.

Settlement

Unless the customer is a consumer, the customer waives its right to set off any debt owed to RIC 4 Life BV against any claim against RIC 4 Life BV.

Retention of title

  1. RIC 4 Life BV shall remain the owner of all products delivered until the customer has fully satisfied all his payment obligations to RIC 4 Life BV under whatever agreement entered into with RIC 4 Life BV, including claims for failure to perform.
  2. Until such time, RIC 4 Life BV may invoke its retention of title and repossess the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If RIC 4 Life BV invokes its retention of title, the contract shall be deemed to be dissolved and RIC 4 Life BV shall be entitled to claim damages, lost profits and interest.

Delivery

  1. Delivery will take place while supplies last.
  2. Delivery shall take place at RIC 4 Life BV, unless the parties have agreed otherwise.
  3. Delivery of products ordered online is made to the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, RIC 4 Life BV has the right to suspend its obligations until the agreed part is still paid.
  5. Late payment constitutes creditor default, with the consequence that the client cannot hold a late delivery against RIC 4 Life BV.

Delivery time

  1. The delivery times given by RIC 4 Life BV are indicative and exceeding them shall not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from RIC 4 Life BV.
  3. Exceeding the specified delivery time shall not entitle the customer to compensation nor to rescind the contract, unless RIC 4 Life BV is unable to deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him/her can take place in a timely manner.

Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have the carrier or delivery person make a note of this, failing which RIC 4 Life BV cannot be held liable for any damage.
  2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to RIC 4 Life BV prior to transportation, failing which RIC 4 Life BV cannot be held liable for any damage.

Retention

  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
  2. Any additional costs resulting from premature or delayed purchase of products shall be borne entirely by the customer.

Warranty

  1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
  2. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Exchange

  1. The exchange of purchased items is possible only if the following conditions are met:
    • exchanges are made within 7 days of purchase upon 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.
  2. Discounted items, custom-made items or items specially customized for the customer cannot be exchanged.

Indemnification

The customer shall indemnify RIC 4 Life BV against all third party claims related to the products and/or services provided by RIC 4 Life BV.

Complaints

  1. The customer should examine a product delivered or service provided by RIC 4 Life BV for any shortcomings as soon as possible.
  2. If a product delivered or service rendered does not meet what the client could reasonably expect from the agreement, the client must notify RIC 4 Life BV as soon as possible, but in any event within 1 month of discovering the shortcomings.
  3. The client shall provide as detailed a description of the shortcoming as possible, so that RIC 4 Life BV is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. In any event, if a complaint relates to work in progress, this may not result in RIC 4 Life BV being held to perform work other than that agreed upon.

As of Feb. 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr.

Notice of default

  1. The customer must give notice of default in writing to RIC 4 Life BV.
  2. It is the client's responsibility that a notice of default actually reaches RIC 4 Life BV (in a timely manner).

Joint and several liability customer

If RIC 4 Life BV enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts they owe RIC 4 Life BV under that agreement.

Liability RIC 4 Life BV

  1. RIC 4 Life BV shall only be liable for any damage suffered by the customer if and to the extent such damage was caused by intentional or deliberate recklessness.
  2. If RIC 4 Life BV is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
  3. RIC 4 Life BV is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
  4. If RIC 4 Life BV is liable, this liability shall be limited to the amount paid out by any (professional) liability insurance taken out and in the absence of (full) payment by an insurance company of the amount of the claim, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
  5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the client to compensation from RIC 4 Life BV shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.

Right of rescission

  1. The customer has the right to dissolve the agreement if RIC 4 Life BV imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
  2. 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.
  3. RIC 4 Life BV shall be entitled to dissolve the agreement with the client if the client fails to comply with its obligations under the agreement in full or in a timely manner, or if RIC 4 Life BV becomes aware of circumstances that give it good reason to fear that the client will not be able to comply with its obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of RIC 4 Life BV in the fulfillment of any obligation towards the client cannot be attributed to RIC 4 Life BV in a situation independent of the will of RIC 4 Life BV, as a result of which the fulfillment of its obligations towards the client is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of RIC 4 Life BV.
  2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
  3. If a force majeure situation arises that prevents RIC 4 Life BV from fulfilling one or more obligations to the client, those obligations will be suspended until RIC 4 Life BV is able to fulfill them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the contract in writing in whole or in part.
  5. In a force majeure situation, RIC 4 Life BV shall not be liable for any compensation or damages, even if it receives any benefit as a result of the force majeure situation.

Modification of the agreement 

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.

Modification of general terms and conditions

  1. RIC 4 Life BV is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance may be made at any time.
  3. Major substantive changes will be discussed by RIC 4 Life BV with the client in advance whenever possible.
  4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Transfer of Rights

  1. Customer's rights under any agreement between the parties cannot be transferred to third parties without the prior written consent of RIC 4 Life BV.
  2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Consequences of nullity or voidability

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
  2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what RIC 4 Life BV had in mind when drafting the terms and conditions on that point.

Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
  2. The Dutch court in the district where RIC 4 Life BV is located/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Last balanced on Nov. 2, 2021.