Terms & Conditions

Terms and Conditions

 

GoldRamo’s Terms and Conditions have been established in consultation with the Consumers’ Association and NTO within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect for GoldRamo B.V. on 25 November 2022.

 

Index

 

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 reflection period

Article 8 – Exclusion of right of withdrawal

Article 9 – The Price

Article 10 – Compliance and warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

 

 

Article 1 – Definitions

 

In these Terms and Conditions, you may find the following terminology:

 

1. Supplementary 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 a agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of their right of withdrawal.
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession.
4. Day: calendar day.
5. Entrepreneur: the natural or legal person who is a member of GoldRamo B.V. and who offers products, (access to) digital content and/or services to consumers at a distance.
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period.
7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period.
9. Digital content: data that is made and delivered in digital form.
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement use is made of one or more techniques for distance communication.
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Appendix I need not be made available if the consumer has no right of withdrawal regarding their order.
12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

 

Article 2 – Identity of the entrepreneur

 

Entrepreneur name: GoldRamo B.V.

Address: Carolina MacGillavrylaan 520

1098XB AMSTERDAM

Phone: +31 687550565

KVK 86228471

BTW NL863902194B01

 

Article 3 – Applicability

 

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer. This can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most relevant to them in the event of conflicting terms and conditions is favorable.

 

Article 4 – The offer

 

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If GoldRamo B.V. uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what 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 corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. If the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 they will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can – within legal frameworks – inform themself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints.
2. b) the conditions under which and the way the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
3. c) the information on guarantees and existing after-sales service.
4. d) the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
5. e) the requirements for termination of the agreement if the agreement has a duration of more than one year or indefinitely.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

By products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige them to state their reason(s).
2. 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:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
5. 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 them, has received the first product.

For services and digital content that is not supplied on a material carrier:

3. The consumer can terminate a service contract and a contract for the delivery of digital content that has not been delivered on a material carrier during 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state their reason(s).
4. 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 that is not supplied on a material carrier if information is not provided about the right of withdrawal.

5. If the customer has not made it known after the expiry of the periods referred to in previous paragraphs that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur, the purchase is fact.

 

Article 7 – Obligations of the consumer during the reflection period

 

1. During the cooling-off period, the consumer will handle the product and the 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 they would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exclusion of 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 time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. a) that have been created by the entrepreneur in accordance with the consumer’s specifications.
2. b) which are clearly personal in nature.
3. c) which cannot be returned due to their nature.
4. d) that can spoil or age quickly.
5. e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.
6. f) for loose newspapers and magazines.
7. g) for audio and video recordings and computer software of which the consumer has broken the seal.
8. h) for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. a) regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period.
2. b) the delivery of which has begun with the express consent of the consumer before the cooling-off period is expired.
3. c) regarding betting and lotteries.

 

Article 9 – The price

 

1. 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 because of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.

 

Article 10 – Compliance and warranty

 

1. The entrepreneur 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 legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, their supplier, importer, or producer in which they assign certain rights or claims to the consumer that go beyond what they are legally obliged to do in the event that they fail to fulfill their part of the agreement.

 

Article 11 – Delivery and execution

 

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously 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 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 dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. 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 12 –  Duration transactions: duration, cancellation and extension

 

Cancellation:

1. The consumer can 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, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can 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, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can use the agreements referred to in the previous paragraphs to:
4. cancel at any time and not be limited to cancellation at a specific time or in a specific period.
5. at least cancel in the same way as they have been entered into by him.
6. always cancel with the same notice period as the entrepreneur has stipulated for himself.

 

Extension:

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement by the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended 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, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term to postpone.

 

Article 13 – Payment

 

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. If the consumer does not meet their payment obligation(s) in time, after they have been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

 

Article 14 – Complaints procedure

 

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. 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 and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur needs to be sent to both the relevant entrepreneur and GoldRamo B.V.

 

 

5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

 

Article 15 – Disputes

 

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur.

 

Article 16 – Additional or deviating provisions

 

Additional or deviating provisions 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 data carrier.