MYROOFLIGHT.EU SHOPPPING GENERAL TERMS & CONDITIONS
Article 1 – Definitions
The following definitions apply in these terms and conditions:
Offer: one or more invitations to a consumer to place an order for products with myrooflight.eu;
Cooling-off period: the period within which a consumer has the right to cancel;
Durable medium: any medium that enables consumers or traders to save information personally addressed to them in such a way as to be able to consult that information in the future and to reproduce it exactly.
Right to cancel: the right of the consumer to cancel the distance contract during the cooling-off period;
Trader: Glazing Vision Europe B.V., trading under the name of, and hereinafter referred to as: MyRooflight.eu;
Consumer: any natural person acting for purposes which are outside his/her trade, business or profession;
Distance contract: any contract concerning goods or services concluded under an organized distance sales or service-provision system run by MyRooflight.eu which makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;
Means of distance communication: any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties;
Article 2 – Identity of MyRooflight.eu
Glazing Vision Europe B.V., trading under the name of MyRooflight.eu
registered in Zeevang [the Netherlands],
with office address IJsselmeerdijk 9, 1473 PP Warder, the Netherlands;
telephone number + 31 (0)299-633853;
e-mail address: firstname.lastname@example.org;
company reg. no: 60258519;
VAT number: 8538.314.88B01.
Article 3 – Applicability
- These general terms and conditions apply to all offers of MyRooflight.eu and to all distance contracts entered into between the trader and consumer.
- The text of the general terms and conditions is provided to the consumer prior to entering into the distance contract. If this is not possible for reasonable motives, it will be stated prior to entering into the distance contract that the general terms and conditions can be consulted through MyRooflight.eu and will be sent to the consumer as soon as possible at his/her request and free of charge.
- If the distance contract is entered into digitally, by derogation from the previous paragraph, the text of these general terms and conditions can be provided to the consumer digitally prior to entering into the distance contract in such a way as to enable the consumer to save it easily on a durable medium. If this is not possible for reasonable motives, MyRooflight.eu will state, prior to entering into the distance contract, where the general terms and conditions can be consulted digitally and that these will be sent to the consumer digitally or otherwise as soon as possible at his/her request and free of charge.
Article 4 – Offers
- If an offer has limited validity and/or conditions attached other than those stated in these general terms and conditions, this shall be expressly stated in the offer.
- The offer shall include a description of the main characteristics of the products and/or services offered. Images shown can differ from the products and/or services offered. Obvious errors or omissions in the offer shall not be binding to MyRooflight.eu.
- Every offer shall include sufficient information to make it clear to the consumer the rights and obligations that are attached to the acceptance of the order, in particular:
- the price including tax;
- the delivery costs;
- the manner in which the contract shall come into effect and the steps that are necessary for that to take place;
- whether or not the right to cancel applies;
- the method of payment, delivery and performance of the contract;
- the period of time of validity of the offer.
Article 5 – Contract
- In accordance with your statutory rights, MyRooflight.eu guarantees that its products are reliable and comply with the contract entered into, that they are of good quality and have the properties that could reasonably be expected of these products.
- All offers by MyRooflight.eu are without obligation. An offer by MyRooflight.eu is an invitation to the consumer to place an order with MyRooflight.eu. Such an order is understood to be an offer by the consumer to enter into a contract.
- If a consumer has made an digital order for a product or service, MyRooflight.eu will confirm receipt of this order digitally. MyRooflight.eu reserves the right at all times to refuse an order or request without stating reasons.
- The contract is entered into after acceptance by MyRooflight.eu of the consumer’s order. Until the acceptance of the order is confirmed, no contract is entered into.
- MyRooflight.eu may, within the confines of the law, investigate whether the consumer is able to meet his/her payment obligations, and other facts and factors that could determine whether the consumer is able to responsibly enter into the distance contract. If, pursuant to this investigation, MyRooflight.eu has reasonable grounds on which not to enter into this contract, it reserves the right to attach special conditions to the performance thereof, or to refuse to enter into the contract.
- MyRooflight.eu will provide to the consumer the following information with the product or service in writing or in such a way as to be easily saved by the consumer on a durable medium:
- the company registration number, VAT number, contact details and physical address of the office of MyRooflight.eu to which the consumer can direct any complaints
- the terms and conditions of the consumer’s right to cancel and the method by which the consumer can enforce that right or a clear statement as to the exclusion of the right to cancel;
- the information on existing after-sales service and warranties;
- the data stipulated in Article 4, paragraph 3 of these terms and conditions unless MyRooflight.eu has already provided these to the consumer prior to the performance of the contract;
- If MyRooflight.eu has committed to providing repeat orders of products or services, the provision of the previous paragraph applies only to the first order.
Article 6 – Right to cancel
- When a consumer purchases a product, he/she has the right to cancel the contract without providing reasons within a period of fourteen days. This cooling-off period commences on the day after the delivery of the product to the consumer or to a designated representative of the consumer notified to MyRooflight.eu in advance. The consumer can use this right to cancel by way of an unequivocal statement to that effect to MyRooflight.eu.
- During this cooling-off period, the consumer must handle the product and packaging with care. The consumer may only take the product out of its packaging or use it to the extent necessary to determine whether or not he/she would like to keep it. If the consumer makes use of the right to cancel, the product must be returned to MyRooflight.eu in its original condition and packaging in accordance with the instructions provided by MyRooflight.eu.
- In the case of services, the consumer can cancel the contract without stating reasons within a period of fourteen days starting from the start date of the contract.
- In order to make use of the right to cancel, the consumer must follow the instructions provided by MyRooflight.eu in the offer and/or at the time of delivery at the latest.
Article 7 – Costs in the event of cancellation
- If the consumer makes use of the right to cancel, the cost for returning the goods shall be borne by the consumer.
- If the consumer has paid an amount, MyRooflight.eu will refund this amount inclusive of the postage costs as quickly as possible and within fourteen days at the most. This period starts running once the goods are returned or once the consumer provides evidence of having returned the goods.
Article 8 – Exclusion of the right to cancel
- MyRooflight.eu excludes the right to cancel for products:
- that have been made by MyRooflight.eu to the consumer’s specifications;
- that are clearly of a personal nature;
- that are of a nature not to be able to be returned;
- that can spoil or become obsolete quickly;
- MyRooflight.eu excludes the right to cancel for services that have begun with express consent from the consumer prior to the end of the cooling-off period.
Article 9 – Price
- For the duration of the period of validity stated in the offer, the prices for the products and/or services offered shall not be increased, except in cases of price changes pursuant to changes in VAT.
- By derogation from the previous paragraph, MyRooflight.eu can offer products or services with variable prices in the case of products or services with prices linked to fluctuations in the financial markets over which MyRooflight.eu has no control. If the prices are subject to fluctuation and the prices stated are indicative, this will be stated in the offer.
- Price increases within three months of the contract’s entry into force are only permitted if the increases result from legal rules or provisions.
- Price increases after three months of the contract’s entry into force are permitted if this has been stipulated by MyRooflight.eu and:
- the increases result from legal rules or provisions; or
- the consumer is able to cancel the contract from the date on which the price increase comes into effect.
- The prices in an offer of products or services are stated in euros, inclusive of VAT and exclusive of handling and postage costs, any taxes or other duties, unless otherwise specified.
- Payment can be made in (one of) the manner(s) indicated during the ordering process. If payment is made by bank or giro, the date of payment shall be the date on which the funds were credited into the bank account of MyRooflight.eu.
- BIn the event of late payment, the consumer shall be in default from the date on which that payment should have been made and shall be liable from that date for a late payment charge of 1.5% per month or part thereof of the outstanding amount, without prejudice to MyRooflight.eu’s right to demand performance, to cancellation and to compensation.
- If a claim has been referred to a third-party for collection, the consumer shall be liable for the costs thereof, which shall amount to at least 15% of the outstanding amount, without prejudice to the right of MyRooflight.eu to claim for any extrajudicial costs incurred.
- If the consumer defaults on any payment, MyRooflight.eu reserves the right to terminate the performance of the contract, cancel the contract or demand fulfilment of the contract and/or claim compensation.
Article 10 – Delivery and performance
- The delivery address shall be the address given by the consumer to MyRooflight.eu.
- In accordance with the provisions of Article 4 of these general terms and conditions on the subject, MyRooflight.eu will send accepted orders within 30 days unless a longer delivery period has been agreed. If there is a delay in the delivery, or if only part of an order can be fulfilled, the consumer will receive a message to that effect within a period of 30 days of making the order. Delays in delivery do not give a right to compensation.
- If a product ordered is unable to be delivered, MyRooflight.eu will make its best efforts to provide a replacement. The delivery of a replacement article will be notified to the consumer at the latest on delivery.
Article 11 – Payment
- Unless otherwise agreed, amounts owned by the consumer must be paid within 14 days of the start of the cooling-off period as referred to in Article 6, paragraph 1. For contracts for the provision of services, this term starts once the consumer has received the confirmation of the contract.
- If a deposit payment has been stipulated, the consumer may not invoke any rights associated with the fulfilment of the order or service(s) concerned prior to the deposit payment being made.
- The consumer is obliged to notify MyRooflight.eu immediately of any inaccuracies in the payment details provided or communicated.
Article 12 – Retention of title
- Title of the products delivered is only transferred once the consumer has fulfilled all the obligations committed to pursuant to the contract entered into with MyRooflight.eu.
Article 13 – Disputes
- All contracts between MyRooflight.eu and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.
- Disputes between the consumer and MyRooflight.eu pertaining to the conclusion or performance of contracts relating to services or products delivered or yet to be delivered by MyRooflight.eu shall exclusively be brought before the competent courts of Amsterdam.