Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

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

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

Day: calendar day;

Digital content: data that is produced and supplied in digital form;

Continuous performance contract: a contract that relates to the regular delivery of goods, services, and/or digital content over a certain period;

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

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby only or partly one or more techniques for communication at a distance are used up to and including the conclusion of the contract;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

Technique for communication at a distance: means that can be used for concluding a contract, without the consumer and entrepreneur having to come together in the same space simultaneously;

Article 2 – Identity of the entrepreneur

Name of the entrepreneur: RAKE
Registered address: Van Egmondkade54 3553 JJ, Utrecht
Registered address: Van Egmondkade54 3553 JJ, Utrecht
Email address: info@ra-ke.nl
Chamber of Commerce number: 74146084
VAT identification number: NL859788349B01
If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority;
If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that the consumer can easily store them 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 to the consumer free of charge by electronic means or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Every 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

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down for this purpose.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may rescind the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 2.

Article 7 – Consumer obligations during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

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

If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
The consumer must return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition 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 bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.

Article 9 – Entrepreneur's obligations in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursing until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance and extra guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing 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.
Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

Article 14 – Continuing performance transactions: duration, cancellation, and extension

Cancellation:

The consumer may at all times terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of at most one month.

Extension:

An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily newspapers, weekly newspapers, magazines, and periodicals may be tacitly renewed for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, weeklies, magazines, and periodicals.

An agreement with a limited duration to the regular delivery of dailies, weeklies, magazines, and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

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 event of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

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 to the entrepreneur within a reasonable time, fully and clearly described, 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute 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 apply are subject only to Dutch law.

Article 18 – Product Defects Disclaimer:
"While we strive to maintain high-quality standards in our products, occasional imperfections may occur. We offer customers the option to report any defects or issues, including instances such as a non-waterproof pocket, within the first two weeks after receiving the product. During this period, the company will make every effort to address and resolve reported concerns. However, after this initial period, the company cannot be held responsible for defects or malfunctions in its products, unless they are determined to be the result of a production error. In the event that damages are believed to be caused by the manufacturer, customers are encouraged to contact us to open a case for further investigation. We will then assess the situation and work with the customer to find a suitable resolution. Customers are encouraged to inspect products upon receipt and utilize the two-week window to report any imperfections. By choosing to waive imperfections within this timeframe, customers acknowledge and accept that the company is not liable for any subsequent issues arising from these imperfections."

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating 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.