Terms and Conditions

Table of Contents
Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra warranty

Article 13 – Delivery and execution

Article 14 – Term transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a specific period;

Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use during a period tailored to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, sole or partial use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding their order;

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same room.

Article 2 – Identity of the entrepreneur
Managed by RG Rocket BV Address: Bolderweg 18B11

1332 AV Almere

The Netherlands

Email address: contact@voetenstore.nl

Chamber of Commerce (KvK) number: [...]

VAT identification number: [...]

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer contains a full and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within statutory frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution, providing reasons for doing so.

No later than upon delivery of the product, service, or digital content, the entrepreneur shall send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a) the visiting address of the entrepreneur's business location where the consumer can lodge complaints;

b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c) information regarding warranties and existing after-sales service;

d) the price, including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;

e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal
For products:

The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:

a) if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may—provided they clearly informed the consumer about this prior to the ordering process—refuse an order for multiple products with different delivery times.

b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;

c) in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not delivered on a tangible medium:

The consumer may dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the Consumer During the Cooling-off Period
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.

The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has, in any case, complied with the return period if they return the product before the cooling-off period has expired.

The consumer shall return the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that they must bear these costs, or if the entrepreneur indicates they will bear the costs themselves, the consumer does not have to bear the return costs.

If the consumer withdraws after having first expressly requested that the performance of a service or the supply of gas, water, or electricity (not prepared for sale in a limited volume or set quantity) begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.

The consumer shall bear no costs for the performance of services or the supply of water, gas, or electricity (not prepared for sale in a limited volume or quantity), or for the supply of district heating, if:

a) the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or

b) the consumer did not expressly request the start of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.

The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

a) they did not expressly consent to the start of the fulfillment of the agreement before the end of the cooling-off period prior to its delivery;

b) they did not acknowledge losing their right of withdrawal when granting their consent; or

c) the entrepreneur failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, they shall send an acknowledgment of receipt of such notification immediately upon arrival.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.

The entrepreneur shall use the same means of payment for the reimbursement as used by the consumer, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in a timely manner before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;

Service agreements, after full performance of the service, but only if:

a) the performance began with the consumer’s explicit prior consent; and

b) the consumer declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;

Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;

Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services, and catering;

Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;

Products manufactured to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products that by their nature are irrevocably mixed with other products after delivery;

Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;

Sealed audio, video recordings, and computer software whose seal was broken after delivery;

Newspapers, journals, or magazines, with the exception of subscriptions to them;

The delivery of digital content other than on a tangible medium, but only if:

a) the performance began with the consumer’s explicit prior consent; and

b) the consumer declared that they thereby lose their right of withdrawal.

Article 11 – The Price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a) they are the result of statutory regulations or provisions; or

b) the consumer has the authority to terminate the agreement starting from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of Agreement and Extra Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

"Extra warranty" means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in the event they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.

After termination in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination:

The consumer may terminate an agreement entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;

at least in the same way they were entered into;

always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

An agreement entered into for a definite period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment
Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer received confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

If the consumer does not meet their payment obligation(s) on time, they are—after having been informed by the entrepreneur of the late payment and having been granted a period of 14 days to still meet their payment obligations—liable for the statutory interest on the amount still owed if payment is not made within this 14-day period. Furthermore, the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Any disputes will be submitted to the competent Dutch court.

Article 18 – Additional or Deviating Provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Annex I: Model Withdrawal Form
(Only complete and return this form if you wish to withdraw from the agreement)

To:
[Name of Entrepreneur]
[Geographical Address of Entrepreneur]
[Fax number of Entrepreneur, if available]
[Email address or electronic address of Entrepreneur]

I/We () hereby give notice that I/we () withdraw from my/our () agreement regarding
The sale of the following products: [Designation of product] ()
The delivery of the following digital content: [Designation of digital content] ()
The performance of the following service: [Designation of service] ()

Ordered on () / received on () [Date of order for services or receipt for products]

[Name of consumer(s)]
[Address of consumer(s)]

[Signature of consumer(s)] (only if this form is submitted on paper)

(*) Delete as appropriate or fill in where applicable.