Terms and Conditions Real Ravers
Email: Realraverbusiness@gmail.com
Website: Realravers.com
Definitions
1. Real Ravers: Real Ravers, established in Schagen under Chamber of Commerce no. 89165756.
2. Customer: the person with whom Real Ravers has entered into an agreement.
3. Parties: Real Ravers and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Article 1 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders,
agreements and deliveries of services or products by or on behalf of Real Ravers.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of
third parties expressly.
Article 4 - Prices
1. All prices used by Real Ravers are in euros, including VAT and excluding any other costs such as
administrative costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise
agreed.
2. All prices used by Real Ravers for its products, on its website or otherwise made known,
may change Real Ravers at any time.
3. Increases in the cost prices of products or parts thereof, which Real Ravers could not have foreseen at the time
of making the offer or the conclusion of the agreement may give rise to
price increases.
4. 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.
Article 5 - Samples and Models
If the customer has received a sample or model of a product, he has no other rights to it
then derive 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.
Article 6 - Payments and term of payment
1. Real Ravers may make a down payment of up to 50% of the agreed amount when entering into the agreement
desire.
2. The customer must make payments afterwards within after delivery.
3. Payment terms are regarded as strict payment terms. That means if the customer
has not paid the agreed amount no later than on the last day of the payment term, he will be charged by operation of law
default and is in default, without Real Ravers having to send the customer a reminder cg being in default
set.
4. Real Ravers reserves the right to make a delivery dependent on immediate payment or
to demand security for the total amount of the services or products.
Article 7 - Consequences of not paying on time
1. If the customer does not pay within the agreed term, Real Ravers is entitled to the statutory interest of 2%
per month for non-commercial transactions from the day the customer is in default, whereby a
part of a month is counted as a whole month.
2. When the customer is in default, he is also liable for extrajudicial collection costs and any compensation
owed to Real Ravers.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Real Ravers may suspend its obligations until the customer has paid
payment obligation has been fulfilled.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims are
from Real Ravers to the customer immediately due and payable.
6. If the customer refuses to cooperate with the implementation of the agreement by Real Ravers, he is still
obliged to pay the agreed price to Real Ravers.
Article 8 - Right of complaint
1. As soon as the customer is in default, Real Ravers is entitled to invoke the right of recovery with regard to the
unpaid products delivered to the customer.
2. Real Ravers invokes the right of recovery by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer shall return the products where this is the case
right relates to, to immediately return to Real Ravers, unless the parties agree otherwise
to make.
4. The costs for bringing back or returning the products will be borne by the customer.
Article 12 - Right of withdrawal
1. A consumer can dissolve an online purchase without giving any reason during a cooling-off period of 14 days
provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product specially tailored or modified for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
the product or service does not include accommodation, travel, restaurant business, transport, catering assignment or form of
leisure activities
the product is not a loose magazine or newspaper
® the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 commences:
® on the day after the consumer has received the last product or part of 1 order
® as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via Realraverzaken@gmail.com, if
desired using the withdrawal form that can be obtained via the website of Real Ravers, Realravers.com
downloaded.
4. The consumer is obliged to return the product within 14 days after making known his right of withdrawal
return it to Real Ravers, failing which his right of withdrawal will lapse.
Article 14 - Reimbursement of delivery costs
1. If the consumer has made timely use of his right of withdrawal and, as a result, the
has returned the entire order to Real Ravers, Real Ravers will refund any amounts paid by the consumer
shipping costs within 14 days after receipt of the timely and complete return of the order to the consumer
repay.
2. The costs for delivery are only for the account of Real Ravers insofar as the order is complete
returned.
Article 15 - Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, then
the costs for returning the entire order will be borne by the consumer.
Article 17 - Right of suspension
Unless the customer is a consumer, the customer waives the right to enforce any of these
to suspend the obligation arising from the agreement.
Article 18 - Right of retention
1. Real Ravers can invoke its right of retention and in that case retain products from the customer,
until the customer has paid all outstanding invoices with regard to Real Ravers, unless the customer has paid for those
costs have been provided with sufficient security.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments
is up to Real Ravers.
3. Real Ravers is never liable for any damage that the customer may suffer as a result of the
exercise his right of retention.
Article 19 - Offsetting
Unless the customer is a consumer, the customer waives his right to set off a debt to Real Ravers
with a claim against Real Ravers.
Article 20 - Retention of title
1. Real Ravers remains the owner of all delivered products until the customer has fully complied with all his
payment obligations towards Real Ravers on the basis of any agreement concluded with Real Ravers
whatsoever, including claims for failure to perform.
2. Until that time, Real Ravers can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate the products
or otherwise objections.
4. If Real Ravers invokes its retention of title, the agreement is deemed to have been dissolved
Real Ravers the right to claim damages, lost profits and interest.
Article 21 - Delivery
. Delivery takes place while stocks last.
. Delivery takes place at Real Ravers, 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 not paid on time, Real Ravers has the right to be
to suspend obligations until the agreed part has been paid.
5. In the event of late payment, there is creditor default, with the result that the customer cannot pay for a late delivery.
Real Ravers can object.
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Article 22 - Delivery time
1. The delivery times specified by Real Ravers are indicative and do not entitle the customer if they are exceeded
to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and
has received an (electronic) confirmation of this from Real Ravers.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to
to dissolve the agreement, unless Real Ravers fails to do so within 14 days after being warned to do so in writing
can deliver whether the parties have agreed otherwise.
Article 23 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can be done on time
take place.
Article 24 - Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Article 25 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must return the product before returning it
receipt, to have a note drawn up by the forwarding agent or delivery person, in the absence thereof
of which Real Ravers cannot be held liable for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage
products or packaging prior to transport to Real Ravers, failing which Real
Ravers cannot be held liable for any damage.
Article 28 - Custody
1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of a
any loss of quality entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products will occur in full
account of the customer.
Article 30 - Warranty
1. The warranty with regard to products only applies to defects caused by faulty
(e) manufacture, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents,
changes made to the product, negligence or improper use by the customer, as well as when the
cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between
parties, transfers to the customer at the time when they are legally and/or actually delivered, at least in the
power come from the customer or from a third party who takes delivery of the product on behalf of the customer.
Article 41 - Indemnification
The customer indemnifies Real Ravers against all third-party claims related to the services provided by Real Ravers
delivered products and/or services.
Article 42 - Complaints
1. The customer must examine a product or service provided by Real Ravers as soon as possible
any shortcomings.
2. Does a delivered product or service not comply with what the customer can reasonably expect from the agreement
should expect, the customer will inform Real Ravers thereof as soon as possible, but in any case within 1 month
after discovering the shortcomings.
3. Consumers must notify Real Ravers within 2 months after the discovery of the shortcomings
to notify.
4. The customer provides a description of the shortcoming that is as detailed as possible, so that Real Ravers is able to do so
is to respond appropriately.
. 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 Real
Ravers can be held to perform other work than has been agreed.
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Article 43 - Notice of default
1. The customer must notify Real Ravers of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default Real Ravers actually (in time)
reaches.
Article 44 - Joint and several liability of the customer
If Real Ravers enters into an agreement with several customers, each of them is jointly and severally liable for the
full amounts they owe to Real Ravers under that agreement.
Article 45 - Liability Real Ravers
1. Real Ravers is only liable for any damage suffered by the customer if and insofar as that damage is
caused by intent or willful recklessness.
2. If Real Ravers is liable for any damage, it is only liable for direct damage that
arising from or related to the performance of an agreement.
3. Real Ravers is never liable for indirect damage, such as consequential damage, lost profit, missed savings
or damage to third parties.
4. If Real Ravers is liable, this liability is limited to the amount paid by a closed (professional)
liability insurance is paid out and in the absence of (full) payment by a
insurance company of the damage amount, the liability is limited to (part of)
invoice amount to which the liability relates.
5. All images, photos, colors, 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.
Article 46 - Expiry period
Any right of the customer to compensation from Real Ravers expires in any case 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.
Article 47 - Right of dissolution
1. The customer has the right to dissolve the agreement if Real Ravers imputably fails in the
fulfillment of its obligations, unless this shortcoming, due to its special nature or minor significance,
dissolution does not justify.
2. If the fulfillment of the obligations by Real Ravers is not permanently or temporarily impossible, dissolution is only possible
take place after Real Ravers is in default.
3. Real Ravers has the right to dissolve the agreement with the customer if the customer fulfills his obligations under the
does not fully or timely comply with the agreement, or if Real Ravers has taken note of
circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly
fulfill.
Article 48 - Force majeure
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of Real Ravers in the
fulfillment of any obligation to the customer cannot be attributed to Real Ravers in any of
the will of Real Ravers independent situation, allowing the fulfillment of its obligations to the
the customer is prevented in whole or in part or as a result of which the fulfillment of his obligations is not reasonably possible
of Real Ravers may be required.
2. 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.); non-performance and force majeure of suppliers, deliverers or
other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses,
strikes, government measures, unforeseen transport problems, bad weather conditions and
work interruptions.
3. If a force majeure situation arises as a result of which Real Ravers cannot fulfill 1 or more obligations towards the customer
those obligations will be suspended until Real Ravers can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may
dissolve the agreement in whole or in part in writing.
5. Real Ravers does not owe any (damage) compensation in a situation of force majeure, even if it is the result
benefits from the force majeure situation.
Article 49 - Amendment of the agreement
1. If, after concluding the agreement for its implementation, it appears necessary to change its contents
change or supplement, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Article 50 - Amendment of general terms and conditions
. Real Ravers is entitled to change or supplement these general terms and conditions.
. Changes of minor importance can be made at any time.
. Major substantive changes will be discussed by Real Ravers with the customer in advance as much as possible.
. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions
say.
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Article 51 - Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the
prior written consent of Real Ravers.
2. This provision applies as a clause with effect under property law as referred to in Article 3:83, second paragraph,
Civil Code.
Article 52 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will affect the
other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest in the
comes close to what Real Ravers had in mind when drawing up the conditions on that point.
Article undefined - Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Real Ravers has its registered office / practice / office is
exclusively authorized to take cognizance of any disputes between the parties, unless the law requires otherwise
prescribes.
Drafted on June 29, 2023.
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