Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

3. Day: calendar day.

4. Duration contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

5. Durable data carrier: any device that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

7. Model withdrawal form: the withdrawal form made available by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

9. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusively one or more techniques for distance communication are used up to and including the moment at which the contract is concluded.

10. Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same space at the same time.

11. Terms & Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Romosa
E-mail address: info@romosaofficial.com
Chamber of Commerce number: 85252042

Article 3 – Applicability

1. These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the Terms and Conditions can be reviewed and that they will be sent to the consumer free of charge upon request.

3. If the distance contract is concluded electronically, the Terms and Conditions may, in deviation from the previous paragraph, be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

4. If specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the provision that is most favorable to them in case of conflicting terms.

5. If any provision of these Terms and Conditions is found to be void or voidable in whole or in part, the remainder of the contract and these Terms and Conditions shall remain in force. The relevant provision shall be replaced by a provision that approximates the original intent as closely as possible.

6. Situations not covered by these Terms and Conditions shall be assessed "in the spirit" of these Terms and Conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted "in the spirit" of these Terms and Conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this shall be clearly stated.

2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If images are used, they are a truthful representation of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

5. Images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

6. Every offer contains information that makes the rights and obligations arising from acceptance of the offer clear to the consumer, particularly regarding:
   • price including taxes;
   • any shipping costs;
   • the method by which the contract will be concluded and which actions are required;
   • whether the right of withdrawal applies;
   • method of payment, delivery, and execution;
   • deadline for accepting the offer or the period during which the price is guaranteed;
   • the rate for communication at a distance if costs differ from the basic rate;
   • whether the contract will be archived and, if so, how it can be accessed;
   • how the consumer can verify or correct data before concluding the contract;
   • any additional languages in which the contract may be concluded;
   • applicable codes of conduct and how the consumer can consult them electronically;
   • the minimum duration of a duration contract.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.

2. If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. Until this confirmation has been received, the consumer may dissolve the agreement.

3. When the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and shall ensure a safe web environment. If electronic payment is possible, the entrepreneur will take appropriate security measures.

4. The entrepreneur may, within legal limits, obtain information about the consumer’s ability to meet their payment obligations, and about all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has valid grounds based on this investigation, they may refuse an order or request or attach special conditions to execution.

5. The entrepreneur shall provide the following information to the consumer in writing or in a way that enables storage on a durable data carrier:
   a. the visiting address of the entrepreneur’s business location for complaints;
   b. the conditions and instructions for exercising the right of withdrawal, or a clear notice when the right of withdrawal is excluded;
   c. information about warranties and after-sales service;
   d. the data referred to in Article 4(3), unless this information was already provided before contract conclusion;
   e. the conditions for terminating contracts of more than one year or of indefinite duration.

6. For a duration contract, the previous paragraph applies only to the first delivery.

7. Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal (Products)

1. When purchasing products, the consumer has the right to withdraw from the agreement without giving reasons within 14 days. This period starts on the day after the product is received by the consumer or a representative designated by the consumer.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and—if reasonably possible—in original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. Consumers who wish to exercise their right of withdrawal must notify the entrepreneur within 14 days after receiving the product. Notification must be made via email to info@romosaofficial.com. After notifying withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by providing proof of shipment.

4. If the consumer has not indicated their wish to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product in time, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, only the return shipping costs are borne by the consumer.

2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or the consumer has provided conclusive proof of return.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only permitted if clearly stated in the offer or before the contract is concluded.

2. Exclusion is only possible for products:
   a. made to the consumer’s specifications;
   b. clearly personal in nature;
   c. which cannot be returned due to their nature;
   d. which can spoil or age quickly;
   e. whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
   f. newspapers and magazines;
   g. audio or video recordings and computer software whose seal has been broken by the consumer;
   h. hygienic products whose seal has been broken by the consumer.

Article 9 – Price

1. During the validity period mentioned in the offer, prices of the products and/or services offered will not be increased, except for changes due to VAT adjustments.

2. Notwithstanding the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any listed prices are indicative will be stated in the offer.

3. Price increases within 3 months after the agreement is concluded are only permitted if resulting from legal regulations or provisions.

4. Price increases after 3 months are only permitted if agreed upon and:
   a. they result from legal regulations or provisions; or
   b. the consumer may terminate the agreement as of the date the price increase takes effect.

5. Prices listed for products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of usability and/or quality, and the existing legal provisions and government regulations at the time the contract is concluded.

2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

3. Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days after delivery. Products must be returned in original packaging and in new condition.

4. The warranty does not apply if:
   • the consumer has repaired and/or modified the products or had them repaired/modified by third parties;
   • the products were exposed to abnormal conditions or treated carelessly or contrary to the entrepreneur’s instructions;
   • the defect results wholly or partly from government regulations regarding the nature or quality of materials used.

Article 12 – Duration Contracts: Termination and Renewal

Termination

1. The consumer may terminate an indefinite duration contract for the regular supply of products (including electricity) or services at any time with a notice period of no more than one month.

2. A fixed-term contract for the regular supply of products or services may be terminated by the consumer at the end of the fixed term with a notice period of no more than one month.

3. The consumer may:
   • terminate contracts at any time without restriction to a specific time or period;
   • terminate using the same method by which the contract was concluded;
   • terminate with the same notice period as used by the entrepreneur.

Renewal

1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

2. By way of exception, a fixed-term contract for the supply of newspapers, news magazines, or weekly magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate the renewed contract with a notice period of one month.

3. A fixed-term contract for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate at any time with a notice period of no more than one month (or three months for newspaper/magazine supply occurring less than once per month).

4. Trial or introductory subscriptions for newspapers or magazines end automatically and are not renewed.

Duration

1. If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless this is unreasonable given the nature of the agreement.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6(1). In case of service contracts, this period begins after the consumer receives confirmation of the agreement.

2. The consumer must report inaccuracies in payment data immediately.

3. In case of non-payment, the entrepreneur has the right—within legal limits—to charge the consumer reasonable costs communicated in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.

2. Complaints about execution of the contract must be submitted to the entrepreneur within 7 days after the consumer identifies the defects, fully and clearly described.

3. Complaints are answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment within 14 days with an indication of when a detailed response will follow.

4. If a complaint cannot be resolved mutually, a dispute arises that is subject to the dispute settlement procedure.

5. A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.

6. If a complaint is valid, the entrepreneur will replace or repair the products free of charge.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored on a durable data carrier.