AGB

General 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 the 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 – Performance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or deviating provisions

Article 1 – Definitions

In these 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 on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data which are produced and supplied in digital form;
Duration agreement: an agreement which extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable medium: any instrument – including email – which enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation or use for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same space.

Article 2 – Identity of the Entrepreneur

Ready2 by Tripsitter B.V.

Keizersgracht 520H, 1017EK in Amsterdam, the Netherlands
Email address: info@ready-2.com
Chamber of Commerce (KvK) number: 76949281
VAT identification number: NL 8608 50 638 B01

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 will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises 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, then, contrary to 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or by other means.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer shall not be binding on the entrepreneur.
Every offer shall contain 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 the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will 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 dissolve 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 observe appropriate security measures to this end.
The entrepreneur may – within the statutory frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to the execution.
The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, send 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:
1. the address of the entrepreneur's establishment;
2. 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;
3. the information about guarantees and existing after-sales service; 4. 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 performance of the distance contract;
4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
5. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph shall apply 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 any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel him to state his reason(s).
The cooling-off period referred to in paragraph 1 shall commence 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:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

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. Moreover, the product's packaging must remain unopened to be eligible for return. The basic principle 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 any diminished value of the product which is the result of a way of handling the product 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 him with all legally required information about 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 the costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this 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 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 shall return the product in its unopened packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated 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 return.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible by electronic means, he shall send an acknowledgement of receipt of this notification without delay.
The entrepreneur shall reimburse all payments made by the consumer, excluding return shipping costs, without undue delay and in any event not later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product back, or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
The entrepreneur shall use the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed 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 does not have 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 has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

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 due to changes in VAT rates.
The entrepreneur reserves the right to change the prices of the offer at any time.
The consumer pays the price that is stated in the webshop at the time of concluding the agreement.
The prices mentioned in the offer of products or services are inclusive of VAT and exclusive of shipping costs.

Article 12 – Performance of the agreement and extra guarantee

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit 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.
An extra guarantee is understood to be any undertaking by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he 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 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 will execute accepted orders with expedient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will 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 – Payment

Unless otherwise stipulated 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 commences on the day after the consumer has received the confirmation of the agreement. The entrepreneur remains the owner of the delivered products until the full amount due is credited to the entrepreneur's account.
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 is stipulated, the consumer cannot assert any right regarding the execution of the respective order or service(s) 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. In case of obvious inaccuracies, the entrepreneur has the right to charge the correct price.
When paying by means of a credit card or electronic payment method issued by a third party, the conditions of the respective card issuer or bank apply.
If the consumer does not meet his payment obligation(s) in time, he shall, after having been reminded by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, upon failure to pay within this 14-day period, owe the statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the said amounts and percentages to the benefit of the consumer.

Article 15 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 17 – 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.