Terms of service
GENERAL TERMS AND CONDITIONS OF SALE
ROODE BOARDS B.V.
1. DEFINITIONS
1.1 In these General Terms and Conditions, the following terms shall have the following meanings:
Agreement: an agreement, including, but not limited to a Distance Contract, between ROODE Boards and the Customer concerning the Products offered by ROODE Boards, of which the General Terms and Conditions form an integral part;
Article: an article in these General Terms and Conditions;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an Agreement with ROODE Boards;
Cooling-off period: the period of fourteen calendar days from the date of receipt of the Product(s) by the Consumer, during which the Consumer may exercise his/her right of withdrawal;
Customer: means any Consumer or legal entity that enters into an Agreement with ROODE Boards for the purchase of Products, whether acting in a personal capacity or in the course of a business or professional activity;
Distance Contract: means any contract concluded between ROODE Boards and the Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of ROODE Boards and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
General Terms and Conditions: these general terms and conditions of sale of ROODE Boards;
General Data Protection Regulation: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
Product(s): all products to be delivered by ROODE Boards to the Customer under the Agreement including, but not limited to boards, accessories and apparel/merchandise;
Right of withdrawal: the possibility for the Consumer to withdraw from the Distance Contract within the Cooling-off Period;
ROODE Boards: the brand and trade name under which ROODE Boards as seller offers the Products to the Customer via the Website, the identity of which is set out in Article 2 of these General Terms and Conditions;
Website: the website www.roodeboards.com, where the Customer can order the Products electronically.
2. IDENTITY OF ROODE BOARDS
2.1 ROODE Boards: also trading under the name ROODE Boards, a private company with limited liability, duly incorporated and validly existing under the laws of the Netherlands, with its registered office in Eindhoven, the Netherlands, and its office address at Jeroen Boschlaan 275a (5642 AT) Eindhoven, the Netherlands, registered with the Dutch Chamber of Commerce (handelsregister) under number 91386446, being the user of these General Terms and Conditions.
2.2 The contact details of ROODE Boards are: telephone number: 085-8001718, email: info@roodeboards.com, bank account: NL62 RABO 0370 5165 32 and VAT number: 865639073B01.
3. APPLICABILITY
3.1 These General Terms and Conditions apply to every offer made by ROODE Boards, every order placed by the Customer and every Agreement concluded between ROODE Boards and the Customer.
3.2 The text of these General Terms and Conditions will be made available to the Customer before or at the latest upon conclusion of the Agreement.
3.3 If the Agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the Customer electronically in such a way that the Customer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge by electronic means or in another manner at the Customer's request.
3.4 The Customer is obliged to accept the General Terms and Conditions before concluding the Agreement, in the absence of which no Agreement will be concluded. Placing an order via the Website and ticking the box: "I have read the general terms and conditions of the website and agree to them" constitutes acceptance of the General Terms and Conditions.
4. OFFERS
4.1 All offers made by ROODE Boards are without obligation, unless expressly stated otherwise, and may be revoked by ROODE Boards. ROODE Boards expressly reserves the right to change prices as mentioned on the Website..
4.2 If a price changes after the Agreement has been concluded, the Consumer is entitled to terminate the Agreement and cancel the order within 10 calendar days of notification of the change to the offer by ROODE Boards.
4.3 Offers do not automatically apply to repeat orders and ROODE Boards reserves the right to change the prices of the offers at any time.
4.4 The term of all offers is: while stocks last or the specific term stated on the Website. If the term of an offer is exceeded, the offer expires by operation of law and the Customer can no longer make use of the offer.
4.5 The offer contains a complete and accurate description of the Product offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If ROODE Boards uses images, these are a true representation of the Products offered. Obvious mistakes or errors in the offer are not binding on ROODE Boards. ROODE Boards have made every effort to display the Products as accurately as possible, however, we cannot guarantee that the colour displayed on your screen will perfectly match the actual Product.
4.6 ROODE Boards reserve the right to limit the quantities of any Products ROODE Boards offers. Furthermore, ROODE Boards reserves the sole discretion to determine when a Product will no longer be manufactured or offered for sale on the Website. ROODE Boards may remove any Product from the Website without prior notice.
5. ORDERS
5.1 The Customer can place orders in the manner described on the Website.
5.2 The Customer is responsible for entering the details for the order correctly and completely, more specifically where Products are concerned that are delivered in accordance with the Customer's specifications. ROODE Boards is not responsible or liable in the event of an incorrect order.
5.3 ROODE Boards may, within legal limits, inform itself whether the Customer is able to fulfil his/her payment obligations, as well as of all facts and factors that are important for the responsible conclusion of the Agreement. If, on the basis of this investigation, ROODE Boards has good grounds for not entering into the Agreement, ROODE Boards is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution thereof.
5.4 In case of custom-made work, ROODE Boards includes a limited number of revisions during the design phase to keep the design process smooth and efficient. This number of revisions shall be included in the Agreement.
6. CONCLUSION OF THE AGREEMENT
6.1 The Customer places an order with ROODE Boards via the 'order button' based on the offer made by ROODE Boards, whereby the offer is accepted by the Customer. Subject to the provisions of Article 5, the Agreement between the Customer and ROODE Boards will only be concluded once ROODE Boards has expressly confirmed acceptance of the Customer’s order.
6.2 Before proceeding to payment for the Products, the Customer will be shown an overview of the Products selected by him.
6.3 ROODE Boards will confirm receipt of the order electronically (by email). As long as the receipt of this acceptance has not been confirmed by ROODE Boards, the Customer may terminate the Agreement.
6.4 ROODE Boards reserves the right, but is not obligated, to limit the sales of Products to any Customer, geographic region or jurisdiction. ROODE Boards may exercise this right on a case- by-case basis.
6.5 ROODE Boards will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, ROODE Boards will take appropriate security measures to this end.
7. PRICES, PAYMENTS AND SHIPPING COSTS
7.1 The prices mentioned on the Website are in euros, including Dutch VAT and excluding shipping costs, unless otherwise stated or agreed in writing.
7.2 The shipping costs, if applicable, will be mentioned separately to the Customer prior to placing the order. The shipping costs may depend on the size of the order, the place of delivery and the chosen shipping method.
7.3 After placing an order, the Customer will immediately, or in any case within 1 working day, receive a confirmation of the Agreement by email stating the total costs, including shipping costs.
7.4 The Customer must pay for the ordered Products prior to delivery using one of the payment methods listed on the Website.
7.5 By way of derogation from Article 7.4, a Consumer also has the option of paying 50% of the purchase price in advance and 50% upon delivery by cash on delivery.. Additional costs must be taken into account. This Article 7.5 only applies to Consumers.
7.6 The Customer is obliged to report any inaccuracies in the payment details provided or stated to ROODE Boards without delay.
7.7 ROODE Boards will only proceed with delivery of the Product once payment, or in case of Consumers 50% of the purchase price (as mentioned in Article 7.5), has been received by ROODE Boards.
7.8 If the Customer fails to fulfil his payment obligation(s) on time, the Customer will automatically be in default without prior notice of default being required. Upon default, statutory interest shall be payable on the outstanding amount based on the statutory commercial interest rate rate (“wettelijke handelsrente” ex artikel 6:119a Burgerlijk Wetboek). The interest on the amount due will be charged from the moment that the Customer is in default until the moment of payment in full of the outstanding amount.
7.9 By way of derogation from Article 7.8, for Consumers, if the Consumers fails to fulfil his payment obligation(s) on time, and ROODE Boards has notified the Consumers of the late payment and ROODE Boards has granted the Customer a period of 14 days to comply, the Consumers shall be in default if payment is not made within this 14-day period-term. Upon default, statutory interest shall be payable on the outstanding amount based on the statutory interest rate (“wettelijke rente” ex artikel 6:119 Burgerlijk Wetboek) or any other statutory interest in accordance with applicable law. The interest on the amount due will be charged from the moment that the Consumer is in default until the moment of payment in full of the outstanding amount. This Article 7.9 only applies to Consumers.
7.10 All judicial and extrajudicial costs that ROODE Boards has to incur to enforce its rights will be at the Customer’s expense. In deviation from the statutory regulations in this regard, the extrajudicial costs are set at 15% of the relevant amount, with a minimum of EUR 500 excluding VAT. The Customer will also owe interest on the collection costs payable. If the actual costs incurred are higher, these actual costs incurred may be claimed by ROODE Boards.
7.11 By way of derogation from Article 7.10, for Consumers, these extrajudicial collection costs shall amount to a maximum of 15% on outstanding amounts up to EUR 2,500; 10% on the next EUR 2,500 and 5% on the next EUR 5,000, with a minimum of EUR 40. ROODE Boards may deviate from the aforementioned amounts and percentages in favour of the Consumer. This Article 7.11 only applies to Consumers.
8. DELIVERY AND RISK
8.1 ROODE Boards will take the greatest care in shipping the ordered Products.
8.2 ROODE Boards will ship accepted and paid orders as quickly as possible.
8.3 The order will be delivered to the address specified by the Customer. ROODE Boards aims to ship orders on working days within 10 working days after the order has been accepted, ROODE Boards aims to ship accessories within 2 workings days after the order has been accepted. A different term may apply, in which case this term will be indicated during the ordering process. However, the delivery times stated are guidelines and not strict deadlines. ROODE Boards is not liable if delivery times are exceeded.
8.4 If an order contains multiple Products with different delivery times, the longest stated delivery time applies to the entire order, unless otherwise agreed. In principle, ROODE Boards will generally only dispatch an order once all of the Products in that order are ready for delivery.
8.5 The Customer is obliged to take delivery of the purchased Products at the moment they are made available to the Customer by ROODE Boards.
8.6 The risk of damage and/or loss of the Products rests with ROODE Boards until the moment of delivery to the Customer at the specified address, unless expressly agreed otherwise.
8.7 The Customer is obliged to take delivery of the Products at the agreed location(s) at the time that ROODE Boards delivers them or has them delivered, or at the time that they are made available to the Customer in accordance with the Agreement. If the Customer fails to do so, the (extra shipping) costs incurred as a result shall be borne by the Customer.
8.8 If the Customer refuses or fails to provide information or instructions necessary for delivery, the Products intended for delivery will be stored at the expense and risk of the Customer.
8.9 If the Customer has provided an incorrect address for delivery, ROODE Boards shall be entitled to charge the Customer for additional shipping costs, if and insofar as the incorrect address results in additional costs for ROODE Boards.
8.10 ROODE Boards will aim to keep the Website as up to date as possible. If a Product is unexpectedly no longer available, ROODE Boards will contact the Customer within 30 working days of placing the order. The Customer then has the right to terminate the Agreement without costs or to choose another Product.
9. RIGHT OF WITHDRAWAL (ONLY APPLICABLE TO CONSUMERS)
9.1 The Consumer has the right to terminate the Agreement without giving reasons within fourteen (14) calendar days from the day of receipt of the Product or the last Product of all Products if multiple Products have been ordered in the same order (the Cooling-off Period). Further information about returning Products, including instructions and conditions, is available on the Website under the heading 'Returns' .
9.2 The right of withdrawal only applies to Products that have not been made to specifications (custom-made work).
9.3 During the Cooling-off Period, the Consumer shall handle the Product(s) and packaging with care. The Consumer shall only unpack the Product to the extent necessary to assess whether they wish to keep the Product. The starting point here is that the Consumer may only handle and inspect the Product(s) as he would be allowed to do in a physical store. Testing the Product, for example by using it on water, is not permitted during the Cooling-off Period. The Consumer is only liable for any reduction in the value of the product resulting from handling the Product in a manner that goes beyond what is permitted.
9.4 If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must notify ROODE Boards of his name, the name of the Product, the number of Products and the order number and his invocation of the Right of Withdrawal by means of the model withdrawal form at the bottom of the General Terms and Conditions / on the Website, the return form of ROODE Boards or in any other unambiguous manner, for example by email, letter or telephone (as referred to in Article 2.2). ROODE Boards will send the Consumer a confirmation of receipt of the return notification as soon as possible.
9.5 The Consumer shall return the Product to ROODE Boards as soon as possible, but no later than 14 days from the day following the notification referred to in Article 9.4. The Consumer shall in any case have fulfilled this obligation if the Product/Products have been returned to ROODE Boards within this period. If the Consumer exercises their Right of Withdrawal, they shall return the Product with all accessories and in its original condition and packaging to the address of ROODE Boards. The risk and burden of proof of the timely and correct exercise of the Right of Withdrawal rests with the Consumer.
9.6 The Consumer shall bear the costs of returning the Product(s).
9.7 Products must be complete and, as far as reasonably possible, returned in their original condition and with the accessories supplied. If a Product is damaged, used, modified or otherwise deteriorated in quality, ROODE Boards reserves the right to deduct the decrease in value of the Products (up to a maximum of 100%) from the purchase price to be refunded.
9.8 ROODE Boards will refund the purchase price – and the shipping costs charged – with due observance of Article 9.7 – within fourteen (14) calendar days after the Consumer has reported the Products to ROODE Boards. ROODE Boards will only refund the purchase price once the Products have been received by ROODE Boards or once the Consumer has provided proof that the Product have been returned.
9.9 The risk of damage and/or loss of the Products rests with the Consumer until the moment of delivery to ROODE Boards at the specified address, unless expressly agreed otherwise. If ROODE Boards does not receive the Product as returned by the Consumer, or if ROODE Boards is entitled to depreciate the Product's value (as stipulated in Article 9.7), the Customer shall be liable for repayment of (a portion of) the purchase price.
9.10 If the Consumer has opted for a more expensive method of delivery than the standard delivery, ROODE Boards will not be required to reimburse the additional costs for the more expensive method. For reimbursement, ROODE Boards will use the same payment method as used by the Consumer.
9.11 For the avoidance of doubt, Customers other than Consumers are not entitled to withdrawal Products.
10. COMPLAINTS
10.1 ROODE Boards has a complaints procedure, as mentioned on the Website. ROODE Boards will handle complaints from the Customer in accordance with this complaints procedure.
10.2 ROODE Boards is obliged to deliver Products that comply with the Agreement.
10.3 All orders are insured by ROODE Boards. If the Customer discovers damage to the packaging containing the ordered Product before opening it, the Customer must contact ROODE Boards immediately or at least within 7 calendar days (this is the time limit for lodging a complaint). If the Customer has already opened the packaging when the damage is discovered, the Customer must indicate this when returning the Product. The Customer shall include clear photographs of the Product when submitting a notification to ROODE Boards, in order to demonstrate the condition of the Product or packaging.
10.4 If the Product(s) does not/do not correspond to the Agreement, the Customer must notify ROODE Boards of this in writing as soon as possible and in any case within two weeks of delivery of the Product to the Customer.
10.5 By way of derogation from Article 10.4, a Consumer must notify ROODE Boards of this in writing as soon as possible and in any case within two months of delivery of the Product to the Consumer. This Article 10.5 only applies to Consumers.
10.6 Minor deviations in quality, colour, size, weight, finish, design, etc. that are considered acceptable in the trade or are technically unavoidable do not constitute grounds for complaints or claims nor constitute a refund of ROODE Boards. ROODE Boards have made every effort to display the Products as accurately as possible, however, we cannot guarantee that the colour displayed on your screen will perfectly match the actual Product.
10.7 If it is demonstrated that the Products do not comply with the Agreement, the Customer has the choice of either having the Products repaired by ROODE Boards against return, or having them replaced by new Products, unless this is impossible or cannot be reasonably expected of ROODE Boards. In that case, the Customer has the right to terminate the Agreement, in which case ROODE Boards will refund the invoice value of the Products to the Customer after the Products already received have been returned.
11. WARRANTY OF PRODUCTS
11.1 Any statements made by or on behalf of ROODE Boards regarding the quality, applicability and/or properties, in the broadest sense, of the delivered Products are only considered guarantees if they have been expressly confirmed in writing by ROODE Boards in the form of a guarantee.
11.2 If the Customer has taken the Products delivered by ROODE Boards into use in whole or in part, or has delivered them to third parties, it is established that ROODE Boards has properly performed the Agreement.
11.3 ROODE Boards guarantees that the Products sold by it are free from design, material and manufacturing defects when used normally for their intended purpose, for a period of twelve (12) months after delivery. Any claims under this warranty must be submitted in writing within the warranty period and accompanied by proof of purchase. ROODE Boards reserves the right to inspect the product and determine whether the defect falls within the scope of this warranty.
11.4 Accessories are covered by a warranty period of 12 months. Accessories shall also be replaced if they fall within the scope of warranty.
11.5 In the event of a complaint by a Customer regarding defective Products which complies with the provisions of Article 11 and is accepted by ROODE Boards under the guarantee, the provisions of the following paragraphs will apply.
11.6 ROODE Boards will repair the defective Products within a reasonable period if repair is reasonably possible or - at ROODE Boards’ sole discretion - replace the Products if the defect justifies replacement. Repairs will take place at ROODE Boards’ premises, unless otherwise agreed. A period of thirty days is in any case deemed reasonable for the repair of the Products, starting from the moment the Product is returned to ROODE Boards. The repair or replacement of a board is excluding accessories accompanying the board. ROODE Boards reserves the right to engage a third party to carry out repairs to a Product, if deemed necessary.
11.7 The guarantee period for Products repaired or replaced by ROODE Boards also starts to run from the date of the first/original purchase.
11.8 If the Customer wishes to change the board, for a different design or size for any reason, the Customer is responsible for the full shipping costs for the return and reshipment of the exchanged board.
11.9 ROODE Boards is not obliged to provide an arrangement (e.g. in the form of replacement Products) during the repair period and/or to pay compensation (e.g. in connection with the loss of use of the Products) during the repair period.
11.10 The Products covered by the guarantee should be returned to ROODE Boards by the Customer and will be repaired at ROODE Boards’ premises or these Products - at ROODE Boards’ discretion - will be repaired at the Customer’s premises.
11.11 In the event of a defect in the Products, the Customer will only have the rights, under the conditions and within the period, as mentioned in this Article 11. The Customer will therefore not be entitled to claim dissolution of the Agreement or a price reduction or (alternative) compensation.
Warranty claim conditions
11.12 Without prejudice to the other provisions of these General Terms and Conditions, a Customer cannot claim under the warranty if:
a. it is reasonably plausible that the defect in the Products has been caused by incorrect and/or careless handling of the Products, such as, but not limited to defects caused by excessive exposure to sunlight, excessive tightening, improper maintenance and storage, use of the Product within waves or coastal breakers; and damage caused by defects other than faulty material or faulty workmanship; and/or
b. Products are incorrectly assembled; and/or
c. the Products are used in a manner that is not in accordance with normal use and/or the (user) instructions provided by ROODE Boards for the Products in question; and/or
d. changes, modifications and/or reparations have been made by the Customer in respect of the Products, without the prior consent of ROODE Boards; and/or
e. boards, such as, but not limited to twintip kiteboards, surfboards, foilboards, are used differently than in water and in accordance with their intended purpose; and/or
f. boards, such as, but not limited to twintip kiteboards, surfboards, foilboards, skateboards, are not used with original ROODE Boards accessories (bindings). The use of other accessories may place excessive stress on the boards.
11.13 The Customer’s rights in respect of any defect concerning the Products delivered will lapse if the provisions of Article 11 have not been complied with.
11.14 The Customer has the burden of proof to demonstrate that the Products are defective within the guarantee period and that this has been reported to ROODE Boards in good time.
11.15 The Customer is obliged to deliver the Products to the end customer in their original packaging and together with the accompanying (user) instructions and manuals as provided by ROODE Boards. The Customer is also obliged to pack the Products properly for transport. ROODE Boards cannot be held liable for any damage or loss resulting from the Customer’s failure to comply with this obligation.
12. LIABILITY
12.1 If it is legally or otherwise established that ROODE Boards is liable towards the Customer for any damage or loss suffered in connection with the Agreement, or by virtue of an unlawful act, or for any other reason, the total liability, including any payment obligation based on Section 6:230 of the Dutch Civil Code and/or Section 6:271 of the Dutch Civil Code, will at all times be limited to what is stipulated in this provision.
a. ROODE Boards is in no event liable for any damage or loss which has arisen because ROODE Boards relied on inaccurate data/files provided by or on behalf of the Customer;
b. ROODE Boards is never liable for loss of profit, lost income, missed turnover, missed savings, damage due to business interruption and other stagnation suffered by the Customer, nor for damage or loss excluded elsewhere in these General Terms and Conditions;
c. ROODE Boards liability is at all times limited to the amount paid out by ROODE Boards’ liability insurance in the relevant case;
d. In the event that ROODE Boards’ liability insurance - for whatever reason - does not pay out, ROODE Boards’ liability, including any payment obligation pursuant to Section 6:230 of the Dutch Civil Code and/or Section 6:271 of the Dutch Civil Code, will be limited to:
- the pro rata part of the net value of the invoice in respect of (the part of) the Products to which the event causing the damage or loss relates or, if several invoices relate to the event causing the damage or loss, the net value of the last of this series of invoices sent by ROODE Boards to the Customer prior to the moment when the event causing the damage or loss occurred;
- or, if the event causing the damage or loss is not based on the delivery of Products, or if no invoice has been sent for this, the net value of the last invoice sent by ROODE Boards to the Customer prior to the moment when the event causing the damage or loss occurred; and
12.2 These limitations do not apply in the event of intent or deliberate recklessness on the part of ROODE Boards and/or ROODE Boards’ managers.
12.3 All subordinates of ROODE Boards may invoke the above-mentioned provisions on the same basis as ROODE Boards may to the Customer and, if necessary, to third parties.
12.4 Any damage or loss for which ROODE Boards may be held liable must be reported to ROODE Boards in writing as soon as possible but no later than 30 calendar days after the occurrence thereof, subject to forfeiture of the right to compensation for this damage or loss. This period does not apply if the Customer can make a plausible case that the damage or loss could not have been reported earlier for good reason.
12.5 Without prejudice to the foregoing, any claim for liability against ROODE Boards will lapse within 12 months after the Customer became aware of the event that caused the damage or loss, or could reasonably have become aware of it.
13. RETENTION OF TITLE
13.1 Title to the Products delivered by ROODE Boards to the Customer will only transfer to the Customer once the Customer has paid everything that ROODE Boards may claim under all Agreements with the Customer and in respect of all Products delivered in that context, within the limits of Section 3:92 of the Dutch Civil Code.
13.2 If the destination of the Products is outside the Netherlands and the law of the country of destination of the delivered Products, at the time of import of the Products, provides for more extensive possibilities for retention of title than Article 13.1, the Parties agree that they (but only insofar as this concerns the property-law consequences of the retention of title to the Products) be deemed to have made a choice of law in favour of the law of the country of import of the Products (within the meaning of Section 10:128(2) of the Dutch Civil Code), on the understanding that if it cannot be objectively determined which country has more extensive possibilities for retention of title at the time of import of the Products, the provisions of paragraph 1 and the rest of this Article will continue to apply.
13.3 Before title to the Products is transferred to the Customer, the Customer will not be authorised to pledge, otherwise dispose of or encumber the Products or grant any rights to third parties in respect of them. The Customer is only entitled to sell the Products, which are the property of ROODE Boards, to third parties on a conditional basis or to deliver them conditionally, insofar as this is necessary in the context of the Customer’s normal business operations. The Customer will inform its customer of ROODE Boards’ property rights.
13.4 The Customer is obliged to: (i) insure the Products delivered but not (yet) (fully) paid, (ii) inform third parties that the Products delivered by ROODE Boards to the Customer have been delivered by ROODE Boards under retention of title if the Customer has not yet paid for the Products (in full).
13.5 If the Customer does not comply with its obligations or if there is a reasonable fear that the Customer will not comply with its obligations, ROODE Boards is entitled to immediately remove the delivered Products that are subject to retention of title referred to in paragraph 1 from the Customer’s premises or from the premises of third parties who hold these Products for the Customer. The Customer is obliged to cooperate fully in this regard, on pain of an immediately payable penalty of 10% per day or part of a day that the Customer fails to comply with this obligation, of all that the Customer owes ROODE Boards, without prejudice to the right to demand specific performance of the obligations referred to in the previous sentence and/or to claim compensation.
13.6 For Products taken back on the basis of this Article, the Customer will be credited for the current value of the Products taken back on the day of the return, with a minimum depreciation of 30% on an annual basis.
13.7 ROODE Boards will also acquire an undisclosed pledge on the Products delivered to the Customer at ROODE Boards’ first request. This pledge will also serve as security for the payment of all claims that ROODE Boards has or will have against the Customer. At ROODE Boards’ first request, the Customer will sign a deed of pledge and register it with the tax authorities
14. INTELLECTUAL PROPERTY RIGHTS
14.1 The Intellectual Property Rights to the (designs of the) Products, together with the texts, images, design, data files, photographs and other (still or moving) visual material, formats, software, trademarks, domain names and other materials arising from the Website, are vested in ROODE Boards, its licensors, the manufacturers of the relevant Products and/or third parties with whom ROODE Boards is not affiliated.
14.2 The Customer is not authorised to publish and/or reproduce (parts of) the Website in any way whatsoever. The Customer may only place a hyperlink to the Website if this is done for purely informational purposes to Customers. Placing a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.
14.3 The Customer may not make any changes to the delivered Products unless this follows from the nature of the delivered Products or has been agreed otherwise in writing.
15. MISCELLANEOUS
15.1 To the extent permitted by law, ROODE Boards shall at all times have the right to unilaterally change the Products, the rates and tariffs and these General Terms and Conditions. Notwithstanding this, for Consumers, amendments to these General Terms and Conditions may only be made in writing between ROODE Boards and Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements.
15.2 ROODE Boards is entitled to transfer the Agreement and the rights and obligations arising from the Agreement with the Customer to a third party by means of a single notification to the Customer. The Customer hereby grants prior consent to such transfer.
15.3 If one or more provisions of these General Terms and Conditions or any other Agreement with ROODE Boards should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new, legally permissible provision to be determined by ROODE Boards.
15.4 ROODE Boards is responsible for its own compliance with applicable laws and regulations regarding data protection, including the General Data Protection Regulation. Information about the processing of personal data by ROODE Boards can be found in the privacy and cookie statement of ROODE Boards.
16. APPLICABLE LAW AND COMPETENT COURT
16.1 These General Terms and Conditions and any Agreements or disputes arising therefrom are governed exclusively by Dutch law, even if an Agreement is performed wholly or partially abroad or if the Customer resides outside the Netherlands.
16.2 By way of derogation from Article 16.1, a Consumer shall also be entitled to the protection of mandatory provisions of the law of the country where the Consumer resides. If the Consumer is entitled to the protection of the law of the country where he/she resides and there is a conflict between a mandatory provision of the law of the Consumer's country and Dutch law, the mandatory provision shall prevail. This Article 16.2 only applies to Consumers.
16.3 All disputes relating to an Agreement or the performance of an Agreement between the Customer and ROODE Boards, that cannot be resolved by mutual agreement between ROODE Board and the Customer, must be filed exclusively to the competent court of Oost-Brabant, location ‘s-Hertogenbosch, the Netherlands.
16.4 By way of derogation from Article 16.3, in case of Consumers, disputes may also be submitted to the competent court in the jurisdiction where the Consumer is resident. This Article 16.4 only applies to Consumers.
For your convenience, our Terms & Conditions are also available as a downloadable PDF
Appendix I: Model withdrawal form
Download the wihdrawal form here