TERMS AND CONDITIONS
1. In general 1.1 These terms and conditions are applicable to all of La Rocha offers. They have been drawn up in Dutch and in the event of any doubts concerning their interpretation, only the Dutch version shall apply. The terms and conditions are available for everyone on the website www.la-rocha.com. On request we will send you a written version. 1.2 Identity of the company:
La Rocha VOF
6004 DE Weert
E-mail address: firstname.lastname@example.org
Dutch chamber of commerce number: 63941465
Dutch tax identification number: NL855461834B01
1.3 To place an order with La Rocha the buyer must be at least 18 years old. By placing an order the buyer acknowledges to have read and accepted the terms and conditions. La Rocha reserves the right to change the terms and conditions. 1.4 Unless otherwise agreed upon in writing, the terms and conditions of third parties will not be recognised. 1.5 La Rocha guarantees that the delivered product(s) is in correspondence with the agreement and meets the specifications mentioned in the offer.
2. Delivery 2.1 All orders are subject to availability. 2.2 All orders will be carried out within 30 days. If this is not possible, because the product is not in stock, the product is no longer available, the order cannot be carried out, part of the order cannot be carried out or it is delayed for any other reason, the customer will be notified within one month after placing the order and has the right to cancel the order without any costs or notice of default. 2.3 The address given by the customer to the company will count as place of delivery. 2.4 La Rocha will have met the obligation to deliver, in absence of proof of the contrary, when La Rocha has offered the ordered product(s) once to the customer. When delivered to a home address the carriers report, withholding refusal of acceptance, will be proof of offering the product(s). 2.5 All deadlines, mentioned on the website, are an indication. No rights can be derived from the mentioned deadlines.
3. Pricing 3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or the manufacturer increases the prices in the mean time. 3.2 The website may contain typographical errors or other errors or inaccuracies.
La Rocha therefore reserve the right to correct any errors or inaccuracies and change or update information at any time without prior notice. La Rocha cannot be held accountable for the consequences of these typographical errors, other errors or inaccuracies. 3.3 Prices are shown in the currency of the chosen country. Where applicable, prices are including VAT, at the rate appropriate to the country of receipt within the EU. VAT is not included in our prices for customers outside the EU. Shipping costs will be charged in addition; additional charges are clearly displayed where applicable and are included in the total costs.
4. Right of withdrawal 4.1 The customer has the right to return the delivered product(s) or part of the delivered product(s) within 14 days without giving any reason. This 14 day period starts at the moment the product(s) has been delivered. If the customer has not returned the product(s) within this period, the customer cannot do so anymore. Before returning the product(s) the customer must notify La Rocha in writing within 14 days. The customer must have proof that the product(s) has been sent back in time, by proof of postage for example. To return the product(s), they must be in the original packaging (including accessories and related documentation) and be in new condition. If the product(s) has been damaged in any way by the customer, the right to return the product(s) expires. Taking the previous sentence into consideration, La Rocha will make sure to pay the total invoiced amount and shipping costs to the customer within 14 working days. Returning the delivered product(s) is at the expense and risk of the customer. 4.3 The right of withdrawal does not apply to the following kind of products: Services, which have been carried out with the customer’s consent, before the start of the period of 7 working days. – Products and services of which the price is related to fluctuations on the financial market, which the supplier cannot control. – Products that have been made to meet customer’s specifications or which have been given a clear personalised character. – Products which cannot be returned due to health protection, hygiene protection or which can spoil quickly. – Audio and video recordings or computer software of which the customer has broken the seal. 4.4 If the customer uses the right of withdrawal, the customer will be held accountable for the costs of returning the products.
6. Guarantee 6.1 La Rocha guarantees that the delivered products are in correspondence with the requirements of function, reliability and lifespan as agreed upon by both parties in the purchase agreement. La Rocha will also offer the manufacturer’s guarantee that is given for the product. 6.2 La Rocha’ guarantee period is the same as the manufacturer’s guarantee period. La Rocha is neither responsible for the actual suitability of the products, nor for advice regarding the use or application of the products. 6.3 The customer is obliged to check the products immediately after they have been delivered. If the delivered products appear to be incorrect, faulty or incomplete, the customer must report these defects to La Rocha in writing immediately, before sending back the products. Returns must be sent back in the original packaging (including accessories and related documentation) and be in new condition. Usage after noticing any defects, damage after noticing any defects, encumbrance and/or resale after noticing any defects, will make the right to return the product(s) lapse. 6.4 If La Rocha approves the complaint of the customer, La Rocha will either replace the product(s) free of charge or agree upon a compensation with the customer. The responsibility of La Rocha and the height of compensation is limited to the amount invoiced or (at La Rocha’ choice) the maximum amount covered by La Rocha’ liability insurance for that particular situation. La Rocha is not responsible for any other type of damage, including additional compensation in any form, compensation of indirect damage or consequential damage or damage by loss of profit. 6.5 La Rocha is not accountable for purposely damaged products or deliberate recklessness of employees other than the management. 6.6 This guarantee does not apply in the following cases: A) the customer is in default against La Rocha; B) the customer has repaired and/or adapted or has had a third party repair and/or adapt the delivered product(s); C) the delivered product(s) have been exposed to abnormal circumstances or have been treated in a reckless way or have been treated differently than advised in the instructions on the package; D) the defects are entirely or partially the result of government regulations or future government regulations which are necessary due to the nature or the quality of the used materials.
7. Special offers 7.1 The special offers are optional, unless otherwise mentioned in the offer. 7.2 At acceptance of a special offer by a buyer, La Rocha reserves the right to withdraw or amend the offer within 3 working days after receiving the acceptance of the offer. 7.3 Verbal agreements are only valid after these have been confirmed in writing. 7.4 La Rocha’ special offers do not automatically apply to repeat orders. 7.5 La Rocha cannot be obliged to offer a special offer, if a customer should have been able to understand that the special offer, or part of the offer, contained an obvious mistake or typographical error. 7.6 Complements, modifications and/or further agreements are only valid, if agreed upon in writing.
8. Agreement 8.1 An agreement between La Rocha and a customer is realised after La Rocha has assessed the feasibility of the order. 8.2 La Rocha reserves the right to refuse an order or only accept the order with the condition that the shipment happens by cash on delivery or after the order has been paid in advance, without giving a reason. 8.3 La Rocha is entitled to conduct an inspection when an order has been paid by Creditcard or will be paid for after receiving the product(s). Based on this inspection, La Rocha can choose to offer the customer an alternative payment method or cancel the order. For large orders, La Rocha can require the order to be sent with cash on delivery service. La Rocha will pay the cash on delivery fees in this case. 8.4 Unless otherwise agreed upon, the owed amount must be paid by the customer within 14 days after delivery of the product(s).
9. Images and specifications 9.1 All images; photos, drawings etc.; for example, details about weights, measurements, colours, images or labels, etc. on La Rocha’ website are an indication and cannot be a reason to claim compensation or cancel the agreement.
10. Force majeure 10.1 La Rocha cannot be held accountable for delays or cancellations of orders due to circumstances beyond La Rocha’ control. 10.2 The circumstances pertaining to force majeure are all unusual causes and circumstances, which should not belong to La Rocha’ risks. Delays or non-fulfilment of obligations by La Rocha’ suppliers, problems with the internet, electricity failures, problems with email traffic and failures or changes in technology supplied by third parties, problems in transport, strikes, government regulations, delays in supply, negligence of La Rocha’ suppliers and/or manufacturers including other assistants, illness of employees and shortcomings in means of transport, are all circumstances beyond La Rocha’ control. 10.3 La Rocha reserves the right to postpone its obligations and also has the right to cancel the agreement partially or entirely or modify the content of the agreement to make it possible to execute. In no case will La Rocha be obliged to pay a fine or compensation. 10.4 In case La Rocha cannot meet its obligations, or can only partially meet its obligations due to force majeure, La Rocha must invoice the available part of the order separately and the customer is obliged to pay the invoice as if it were a separate contract. This does not apply if the available part of the order does not have any independent value.
11. Responsibility 11.1 La Rocha cannot be held accountable for damage to vehicles or other objects due to incorrect use of the products. Please read the instructions on the package and/or consult our website before use.
12. Retention of title 12.1 La Rocha retains legal ownership of the product(s) sold to the buyer until the buyer has paid the whole amount that is owed to La Rocha according to the agreement or any previous or future similar agreements, as long as the buyer has not met the obligation to execute the duties agreed upon in this or a similar agreement, and as long as the buyer fails to fulfil the obligations to pay the owed amount agreed upon in the agreement, which includes fines, interest and other costs. 12.2 The product(s) delivered by La Rocha, to which the retention of title applies, are never allowed to be used as means of payment and can only be resold within the context of normal business implementation. 12.3 The buyer does not have the authority to sell nor harm the products, to which the retention of title applies, in any other way. 12.4 The buyer gives La Rocha or a to be assigned by La Rocha, third party, unconditionally and irrevocably permission, in all cases, in which La Rocha wants to exert its retention of title, to go to all the places where La Rocha’ products are located and take the products away. 12.5 If a third party seizes delivered products, to which the retention of title is applicable, or establishes rights on them, the buyer is obliged to notify La Rocha as soon as possible. 12.6 The buyer obliges himself to insure the delivered products, to which the retention of title is applicable and to make sure the products remain insured for fire, explosion and water damage as well as for theft and to show La Rocha the insurance policy at La Rocha’ first request.
13. Governing law and jurisdiction 13.1 These terms and conditions are to be construed in accordance with the laws of the Netherlands. 13.2 Any dispute or claim arising from an agreement between La Rocha and a buyer, which cannot be solved in mutual agreement, shall be subject to the exclusive jurisdiction of the Dutch courts.