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General Terms and Conditions
General Terms and Conditions of Rhymewise, webshop: trademark OQTOO IM Publishers, OQTOO BV Article 1. General 1.1 In these general terms and conditions of sale, 'Rhymewise' refers to the webshop of OQTOO BV 1.2 These terms and conditions form part of all offers from and agreements with 'Rhymewise', unless expressly deviated from in writing. 1.3 Subject to the provisions of Article 6.4, these terms and conditions also apply if 'Rhymewise' is required to engage third parties for the execution of all agreements. 1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by 'Rhymewise'. 1.5 In the event that the Terms and Conditions and an Agreement contain mutually contradictory clauses, the Agreement shall prevail. 1.6 If any part of the Terms and Conditions is void or annulled, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and the parties shall be bound to endeavor, in good faith, to establish a replacement clause that is valid and approximates the original intentions of the parties as much as possible. Article 2. Offers and conclusion of agreements 2.1 All offers are without obligation, unless expressly stated otherwise by 'Rhymewise'. 2.2 Agreements for the supply of goods and/or services only bind 'Rhymewise' after written confirmation. Actual performance by 'Rhymewise' or an invoice sent by 'Rhymewise' is equivalent to a written confirmation of the offer. 2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 7 days, 'Rhymewise' and the customer are bound by it. 2.4 Offers from 'Rhymewise' do not automatically apply to subsequent orders. 2.5 'Rhymewise' cannot be held to its offer if the customer ought to have understood that the offer, or a part thereof, contained an obvious error or clerical mistake. 2.6 Additions, modifications, and/or further agreements are only valid if agreed upon in writing. Article 3. Prices / Price Increase 3.1 Unless otherwise stated, all prices are expressed in Euros, including value added tax (VAT). 3.2 'Rhymewise' guarantees that price increases will not occur after the conclusion of the terms and conditions, unless the price increase is the result of statutory regulations and/or provisions. 3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract effective on the day the price increase takes effect. Article 4. Delivery 4.1 If items are available from stock, they will be shipped within 3 working days after the order. 'Rhymewise' may charge shipping costs for sending ordered items. Delivery of ordered items will take place at the postal address known to 'Rhymewise', which is not of a temporary nature, and will be handed over to the natural person present at the delivery address. 4.2 If the customer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the items will be stored at the expense and risk of the customer. 4.3 The delivery obligation of 'Rhymewise' will, unless proven otherwise, be deemed fulfilled as soon as the items delivered by 'Rhymewise' have been offered to the customer once. In the event of home delivery, the carrier's report containing the refusal of acceptance constitutes full proof of the offer of delivery, subject to proof to the contrary. 4.4 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage to or loss of the refused goods, shall be entirely at the expense of the purchaser, unless the purchaser invokes the right to dissolution of the purchase or replacement of the goods on valid grounds. Article 5. Delivery time 5.1 A delivery time specified by 'Rhymewise' shall never be considered a firm deadline. The delivery time commences only after all necessary data is in the possession of 'Rhymewise', after which 'Rhymewise' will endeavor to effect delivery within 30 days. 5.2 Within the framework of the rules of distance selling, 'Rhymewise' (contractor) shall execute orders with due speed, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer (client) will receive notification within 1 month after placing the order and, in that case, has the right to cancel the order without costs or notice of default. Article 6. Dissolution 6.1 Without prejudice to 'Rhymewise's rights under the law, 'Rhymewise' is entitled, by means of a written declaration to that effect to the customer, to suspend or dissolve the agreement in whole or in part, with the right to compensation from the customer, if, after the conclusion of the agreement, circumstances come to 'Rhymewise's' attention which give 'Rhymewise' good grounds to fear that the customer will not fulfill its obligations, or if 'Rhymewise' requested security for performance upon conclusion of the agreement and this security is not provided or is insufficient (despite a demand), as well as in the event of the customer's bankruptcy, a self-initiated application for bankruptcy by the purchaser, suspension of payments, liquidation or a decision to that effect, complete or partial transfer of the purchaser's business, or seizure of any part of its assets. 6.2 If circumstances arise regarding persons and/or materials which 'Rhymewise' uses or customarily uses in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so burdensome and/or disproportionately expensive that compliance therewith can no longer reasonably be demanded, 'Rhymewise' is entitled to dissolve the agreement. 6.3 The purchaser has the right, in the case of goods delivered based on an order placed with 'Rhymewise', to dissolve the agreement within a period of 7 working days without giving reasons, in accordance with Article 7:5 of the Dutch Civil Code, unless expressly agreed otherwise. This period commences at the moment the ordered goods have been delivered. If the purchaser has not returned the delivered goods to 'Rhymewise' after the expiry of this period, the purchase is final. Before proceeding with the return, the purchaser is obliged to notify 'Rhymewise' thereof within a period of 7 working days after delivery. The purchaser must prove that the delivered goods were returned in a timely manner (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the purchaser. The goods must be returned in protective packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the purchaser, the right to dissolution within the meaning of this paragraph shall lapse. Subject to the provisions of the preceding sentence, 'Rhymewise' confirms the dissolution of the purchase immediately upon receipt and inspection of the returned items and ensures that the full purchase amount is refunded to the customer free of charge within 30 days of the proper receipt of the complete return shipment. Article 7. Force Majeure 7.1 Force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all circumstances over which 'Rhymewise' has no influence and which hinder or render the delivery of goods impossible, including but not limited to strikes at 'Rhymewise' and/or suppliers, disruptions in the Internet or WAP, power outages, hacks, disruptions in email traffic, and disruptions or changes in technology supplied by third parties. 7.2 A claim of force majeure may also be made if the circumstance preventing (further) performance occurs after 'Rhymewise' should have fulfilled the obligation. 7.3 If the period during which due to force majeure If performance of the obligation by 'Rhymewise' is not possible or takes longer than 2 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay compensation in that case. 7.4 If 'Rhymewise' has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value. Article 8. Warranty 8.1 'Rhymewise' offers no more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without prejudice to the rights of the customer arising from mandatory legal provisions. 8.2 However, 'Rhymewise' is never responsible for the ultimate suitability of the goods for any individual application by the customer, nor for any advice regarding the use or application of the goods. 8.3 The customer is obliged to inspect the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must (before proceeding to return it to 'Rhymewise') report these defects immediately in writing to 'Rhymewise'. Any defects or incorrectly delivered goods must and can be reported in writing to 'Rhymewise' no later than 1 week after delivery. The goods must be returned in sufficiently protective packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, shall entirely invalidate the right to claim and return the goods. 8.4 If the customer's complaints are deemed justified by 'Rhymewise', 'Rhymewise' shall, at its discretion, either replace the delivered goods free of charge or enter into a written agreement with the customer regarding compensation for damages, provided that the liability of 'Rhymewise' and consequently the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the option of 'Rhymewise') to the maximum amount covered in the relevant case by 'Rhymewise's' liability insurance. Any liability of 'Rhymewise' for any other form of damage is excluded, including but not limited to additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits. 8.5 'Rhymewise' is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial personnel. 8.6 This warranty does not apply if: A) and for as long as the customer is in default towards 'Rhymewise'; B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or treated contrary to the instructions of 'Rhymewise' and/or the instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used. Article 9. Payment 9.1 Unless otherwise agreed, payment must be made by means of a bank transaction via Mollie. find for delivery of the products, unless otherwise agreed. Payment in installments is not possible. 9.2 After the expiration of 5 working days after the invoice date, the customer is automatically in default and from that moment onwards owes interest of 1% per month on the outstanding amount, unless the statutory interest rate is higher, in which case the statutory interest rate applies, whereby a part of a month is counted as a whole month. 9.3 In the event of bankruptcy or suspension of payments by the customer or an application therefor, the claims of 'Rhymewise' and the obligations of the customer towards 'Rhymewise' become immediately due and payable. 9.4 If 'Rhymewise' has to hand over its claim for collection, the customer owes a fixed amount of 15% of the amount due in extrajudicial collection costs, with a minimum amount of 250 euros. 9.5 If 'Rhymewise' can demonstrate that it has incurred higher costs which were reasonably necessary, these also qualify for reimbursement. Article 10. Retention of Title 10.1 The title of all by The goods sold and delivered to the Customer by 'Rhymewise' shall remain with 'Rhymewise' as long as the Customer has not settled 'Rhymewise's claims arising from the agreement or earlier or later similar agreements, as long as the Customer has not yet paid for the work performed or yet to be performed under this or similar agreements, and as long as the Customer has not yet settled 'Rhymewise's' claims due to default in the performance of such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code. 10.2 The goods delivered by 'Rhymewise' subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment. 10.3 The Customer is not authorized to pledge the goods subject to retention of title nor to encumber them in any other way. 10.4 The Customer hereby gives unconditional and irrevocable consent to 'Rhymewise' or a third party to be appointed by 'Rhymewise' to, in all cases where 'Rhymewise' wishes to exercise its ownership rights, enter all places where its property will then be located and to take said items away from there.10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the purchaser is obliged to notify 'Rhymewise' thereof as soon as may reasonably be expected. 10.6 The Purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to 'Rhymewise' upon first request.
Article 11. Privacy 11.1 'Rhymewise' respects the privacy of online visitors to its website and is the sole owner of the information obtained via this website, unless otherwise indicated. This information is not sold, shared, or rented by 'Rhymewise' to third parties in any manner other than as stated in this privacy statement. 11.2 Information from which the identity of an online visitor to the 'Rhymewise' website can be derived is voluntarily provided by the visitor. This information may be used within 'Rhymewise' (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about the 'Rhymewise' product portfolio. The customer expressly consents to this. 'Rhymewise' is entitled to disclose information about a visitor in special cases, when there is reason to believe that disclosing such information is necessary to identify, contact, or initiate legal proceedings against a person who, whether intentionally or unintentionally, infringes upon or damages the rights or property of 'Rhymewise', other users of its website, or others who may suffer harm as a result. 'Rhymewise' is entitled to release user information when we believe in good faith that the law requires it.11.3 'Rhymewise' collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data may be deleted at the request of the online visitor, provided that this does not require disproportionate effort or costs for 'Rhymewise'. Article 12. Intellectual Property Rights 12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights relating to the goods or services supplied by 'Rhymewise', such as trademark rights, design rights, patent rights, sui generis database rights, etc., shall vest exclusively with 'Rhymewise' and/or its suppliers. 12.2 The parties undertake to take sufficient measures to ensure confidentiality regarding each other's data of a confidential nature of which they become aware during the execution of the agreement. Article 13. Applicable Law. 13.1 All offers and agreements of 'Rhymewise' are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. Article 14. Disputes 14.1 The customer may respond to questions and/or complaints exclusively in writing to 'Rhymewiseeu@gmail.com'. Complaints are generally handled within 30 days. If this is not possible for any reason, the customer will be informed of the duration of the delay. 14.2 The customer has the opportunity to submit the dispute to an independent dispute resolution committee. This may be the Thuiswinkel Dispute Resolution Committee or another equivalent dispute resolution committee, without prejudice to the customer's right to submit the dispute to a competent court.
