Terms of service

Our terms and conditions have been drawn up in accordance with the guidelines of the Chamber of Commerce and Stichting WebwinkelKeur. These terms and conditions comply with the latest laws and regulations. On this page you can read what your rights and obligations are when you make use of the services of Richard & Anthony.

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the trader
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 trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and performance
Article 14 – Continuing performance transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise 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 that are produced and supplied in digital form;
Continuing performance agreement: an agreement that serves the regular supply of goods, services and/or digital content during a certain period;
Durable medium: any means – including e-mail – that enables the consumer or trader to store information addressed to him personally in a manner that allows for future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive 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 has no right of withdrawal with regard to his order;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the trader having to be together in the same room at the same time.

Article 2 – Identity of the trader

Company name: Richard & Anthony
Place of business: Leusden
E-mail address: info@richard-anthony.com
Chamber of Commerce number: 89799844
VAT identification number: NL865114638B01

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will, before the distance agreement is concluded, indicate how the terms and conditions may be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, then, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then, before the distance agreement is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this is expressly 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 trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to 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 fulfils the conditions attached thereto.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
The trader may, within statutory limits, inform himself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has good grounds for not entering into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
At the latest upon delivery of the product, service or digital content to the consumer, the trader will include 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:
the visiting address of the trader's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
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 agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may rescind an agreement relating to the purchase of a product during a cooling-off period of up to 30 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The trader may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
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, received the last shipment or the last part;
in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

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

The consumer may rescind a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of up to 30 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the trader 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 twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 30 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 will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning 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 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 trader has not provided him, before or upon the conclusion of the agreement, with all the legally required information about the right of withdrawal.

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

If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner to the trader.
As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product himself. The consumer has in any event observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or a set quantity begins during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation that has been performed by the trader at the moment of withdrawal, compared to the full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
prior to its supply, he has not expressly consented to the commencement of performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

If the trader makes it possible for the consumer to give notice of withdrawal electronically, he will promptly send an acknowledgement of receipt after receiving this notice.
The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, promptly but within 14 days following the day on which the consumer gives notice of the withdrawal to him. Unless the trader offers to collect the product himself, he may wait to make the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund 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 trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present, or is given the opportunity to be personally present, at the auction, under the direction 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:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as the trader 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, the transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that perish quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, by their nature are irrevocably mixed with other products;
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 fluctuations in the market over which the trader has no influence;
Sealed audio and video recordings and computer software whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that in doing so he loses his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated 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 trader has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Performance of the agreement and additional warranty

The trader 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 of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfil his part of the agreement.
Additional warranty means any commitment of the trader, his supplier, importer or producer whereby it grants the consumer certain rights or claims that go beyond what it is legally required to do in the event that it has failed to fulfil its part of the agreement.

Article 13 – Delivery and performance

The trader will observe the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the trader.
With due observance of what is stated about this in Article 4 of these terms and conditions, the trader will perform accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be performed in part, the consumer will be notified of this at the latest 30 days after he placed the order. In that case the consumer has the right to rescind the agreement free of charge and is entitled to any compensation.
After rescission in accordance with the previous paragraph, the trader will promptly refund the amount that the consumer has paid.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance transactions: duration, termination and renewal

Termination:

The consumer may at any time terminate an agreement that has been concluded for an indefinite period and that serves the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.
The consumer may at any time terminate an agreement that has been concluded for a fixed period and that serves the regular delivery of products (including electricity) or services, as of the end of the fixed term, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by him;
always with the same notice period as the trader has stipulated for itself.

Renewal:

An agreement that has been concluded for a fixed period and that serves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Notwithstanding the previous paragraph, an agreement that has been concluded for a fixed period and that serves the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this renewed agreement as of the end of the renewal with a notice period of no more than one month.
An agreement that has been concluded for a fixed period and that serves 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 no more than three months if the agreement serves the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time 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 stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 30 days after the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 30 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.
In the sale of products to consumers, the consumer may never be obliged in terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in the payment details provided or stated to the trader without delay.
If the consumer does not meet his payment obligation(s) in time, then, after he has been notified by the trader of the late payment and the trader has granted the consumer a period of 30 days to still meet his payment obligations, in the event that payment is not made within this 30-day period, statutory interest is owed on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The trader may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The trader has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader are answered within a period of 30 days counting from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 30 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

It can always happen that something does not go entirely as planned. We advise you to first make complaints known to us by contacting us via our contact page or by sending an e-mail to info@richard-anthony.com.

If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.

As of 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the platform of the European Union.

Article 17 – Disputes

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

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these 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.

Would you like to know something else?

Then contact us via our contact page or by sending an e-mail to info@richard-anthony.com.