Terms and conditions
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of Travelstof Fashion
Article 3 – General Provisions
Article 4 – Privacy and Cookie Policy Applicability
Article 5 – Rights Regarding the App
Article 6 – Disclaimer
Article 7 – Applicability
Article 8 – The Offer
Article 9 – The Agreement
Article 10 – Right of Withdrawal
Article 11 – Consumer Obligations During the Reflection Period
Article 12 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 13 – Travelstof Fashion’s Obligations in Case of Withdrawal
Article 14 – Exclusion of the Right of Withdrawal
Article 15 – The Price
Article 16 – Performance and Additional Warranty
Article 17 – Delivery and Execution
Article 18 – Ongoing Transactions: Duration, Termination, and Renewal
Article 19 – Payment
Article 20 – Complaints Procedure
Article 21 – Disputes
Article 22 – Additional, Deviating, and Other Provisions
Appendix I: Model Withdrawal Form
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being present at the same location.
Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are provided by Riverstone or by a third party based on an arrangement between that third party and Riverstone;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data which are produced and delivered in digital form;
Duration agreement: an agreement for 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 business to store information personally addressed to them in a way that allows future consultation or use over a period suitable for the purpose of the information, and allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s ability to cancel the distance contract within the cooling-off period;
Distance agreement: an agreement concluded between Riverstone and the consumer within the framework of the platform for the remote sale of products, digital content, and/or services, where one or more communication techniques are exclusively or partly used to conclude the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer has no right of withdrawal for their order;
The Platform: domain www.riverstonefashion.com and the Riverstone App;
Riverstone: the limited liability company that offers products, (access to) digital content, and/or services remotely via the Platform to consumers, located at Maraostraat 77, 1060 LG Amsterdam. Also referred to as “the entrepreneur”;
Article 2 – Identity of the Entrepreneur
Riverstone B.V.
Maatlat 6, 1906BL Limmen, The Netherlands
Phone number: +31 (0) 61 23 13 611, available on weekdays from 10:00 – 17:00
Email: support@riverstonefashion.com
Chamber of Commerce number: 60996528
VAT number (BTW): 854156549L01
Article 3 – General
These Terms and Conditions apply to your use of the website www.riverstonefashion.com and the Riverstone App. Via the Platform, it is possible to make purchases in the Riverstone webshop. These General Terms and Conditions apply to all purchases made via the Platform.
You may create an account in which you must register your name, address, email, and phone number so Riverstone can complete your purchase and order. When creating an account, you ensure that the information you provide is complete, up-to-date, and correct, and that you are over sixteen (16) years of age. It is not allowed to create an account in someone else’s name. You must also ensure a secure password and its confidentiality.
You may not use the Platform in any way that is misleading, disruptive, or otherwise contrary to applicable legislation. You indemnify Riverstone for all damages caused by the unlawful use of the Platform. In such a case, Riverstone may limit or block your usage capabilities.
Riverstone reserves the right to change these Terms and Conditions at any time. The latest version will always be available on the Platform. Substantial changes will be highlighted when using the Platform. If you continue using the Platform after changes are made, you accept the applicability of the modified Terms. If you do not agree with the changes, you can stop using the website and remove the App.
Article 4 – Privacy and Cookie Policy Applies
The Privacy and Cookie Policy of Riverstone applies to all actions, agreements, programs, and their execution. Please read this carefully.
Article 5 – Rights Regarding the Platform
All intellectual property rights (Copyright, Trademark, and Design Rights) related to the website and the App and the content accessible via them (text, photos, and/or other materials) are solely held by Riverstone or its licensors.
Riverstone grants you a limited, personal, revocable, non-exclusive, non-licensable, and non-transferable right to access and use the website and the App, to the extent necessary for the website and the App, and only for personal, non-commercial purposes. You can download the App for free.
It is not allowed to perform acts that may infringe upon the intellectual property rights of Riverstone, such as registering domain names, trademarks, or advertisements that resemble or are identical to any work on which Riverstone has intellectual property rights. Nor is it allowed to download, reproduce, modify, scrape, reverse-engineer, or disclose the App or website or parts of them for purposes other than personal, non-commercial purposes or in any other way that could harm Riverstone.
Article 6 – Disclaimer
Riverstone makes every effort to ensure the website and the App function properly, but cannot guarantee availability and optimal use.
Riverstone will provide information about its products and additional services in the webshop with the utmost care. If incorrect information about products or additional services is provided, you cannot claim delivery based on this incorrect information.
Riverstone has the right at any time to disable (parts of) the App and website (temporarily) without prior notice and without being liable to you.
The App and website may contain hyperlinks that direct you to third-party websites. Riverstone is not responsible or liable for the operation and/or content of these. They have their own terms, so please review their privacy and cookie policies carefully before using them.
Riverstone accepts no liability for damage to property or assets or any other harm related to the use or misuse of the App and website, as far as permitted by law.
Article 7 – Applicability
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs of the agreement apply, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
These general terms and conditions apply to any offer made by the entrepreneur and to any concluded distance agreement between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate how the general terms and conditions can be viewed and that they will be sent free of charge to the consumer upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically in a way that allows the consumer to store it on a durable medium in a simple manner. If this is reasonably not possible, the entrepreneur will indicate where the general terms and conditions can be accessed electronically, and that they will be sent free of charge to the consumer upon request.
Here’s the translation with the necessary changes made for your webshop:
Article 8 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be clearly 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 9 – The Agreement
- The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out in the offer.
- If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance electronically. Until this confirmation is received, the consumer may cancel 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 ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will also take appropriate security measures.
- Within legal frameworks, the entrepreneur may check whether the consumer is able to meet their payment obligations, as well as any facts and factors relevant to the responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has reasonable grounds not to conclude the agreement, they are entitled to refuse an order or request, or attach special conditions to the execution.
- The entrepreneur will, no later than at the time of delivery of the product, service, or digital content to the consumer, provide the following information in writing or in a manner that can be stored by the consumer on a durable data carrier:
a. the physical address of the entrepreneur where the consumer can file complaints;
b. the terms and conditions under which the consumer can exercise their right of withdrawal, or a clear indication that the right of withdrawal is excluded;
c. information about warranties and existing after-sales services;
d. the price, including all taxes, of the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or execution of the agreement;
e. the requirements for termination of the agreement if the agreement is for more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form. - In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 10 – Right of Withdrawal
For products:
- The consumer may withdraw from an agreement regarding the purchase of a product within 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 they are not obliged to provide a reason.
- The cooling-off period mentioned in paragraph 1 begins the day after the consumer, or a third party designated by the consumer, other than the carrier, receives the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order with multiple products with different delivery times, as long as they have clearly informed the consumer about this before the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by them, receives the last shipment or part;
c. in agreements for regular delivery of products for a set period: the day the consumer, or a third party designated by them, receives the first product.
For services and digital content not delivered on a physical medium: - The consumer may cancel a service agreement and an agreement for the delivery of digital content not delivered on a physical medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but they are not obliged to provide a reason.
- The cooling-off period mentioned in paragraph 3 starts the day after the agreement is concluded.
Article 15 – The Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market over which the entrepreneur has no control. These fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal provisions or regulations.
- Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. they are the result of legal provisions or regulations; or
b. the consumer has the right to cancel the agreement on the day the price increase takes effect. - The prices mentioned in the offer of products or services are inclusive of VAT.
Article 16 – Fulfillment of the Agreement and Extra Warranty
- The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims the consumer may have against the entrepreneur if the entrepreneur fails to fulfill their part of the agreement.
- Extra warranty refers to any commitment made by the entrepreneur, their supplier, importer, or manufacturer, in which they grant the consumer rights or claims beyond what they are legally required to do in case of failure to fulfill their part of the agreement.
Article 17 – Delivery and Execution
- The entrepreneur will exercise the greatest possible care in receiving and fulfilling orders for products and evaluating requests for services.
- The place of delivery is the address that the consumer has provided to the entrepreneur.
- Taking into account the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders promptly, but no later than 30 days, unless a different delivery time has been agreed upon. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer will be notified within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without cost and is entitled to any damages.
- After cancellation according to the previous paragraph, the entrepreneur will promptly refund the amount the consumer paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless otherwise agreed.
Note: I’ve made the necessary changes where needed, replacing “Travelstof Fashion” with “Riverstone” and updating the website link as “riverstonefashion.com”. Let me know if you need further adjustments!
Article 19 – Payment
- Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts the day after the consumer receives the confirmation of the agreement.
- In the sale of products to consumers, the consumer may never be obligated in the general terms and conditions to prepay more than 50%. When prepayment is agreed upon, the consumer cannot assert any rights concerning the execution of the respective order or service(s) before the agreed prepayment has been made.
- The consumer has the obligation to immediately report any inaccuracies in provided or mentioned payment details to the entrepreneur.
- If the consumer does not meet his payment obligation(s) on time, he is, after being reminded by the entrepreneur about the late payment and being given a 14-day period to still fulfill his payment obligations, obligated to pay the legal interest on the remaining amount after failing to make the payment within this 14-day period. The entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.
Article 20 – Complaints Procedure
- The entrepreneur has an adequately publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clear detail within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint through mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 21 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. In the event of a dispute, this will be submitted to the competent court in the district of Amsterdam.
Article 22 – Additional, Deviating, and Other Provisions
Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
If any part of these terms becomes invalid, the remaining parts will remain in effect. In such a case, the invalid part will be replaced by provisions that are valid and whose legal effects, given the content and purpose of these terms, correspond as much as possible with those of the invalid part.
The entrepreneur may transfer rights and obligations arising from these general terms and conditions to a third party. If you wish, you may stop using the App and the website and delete the App.
Appendix I: Model Form for Withdrawal
Model Withdrawal Form
(only fill in and return this form if you want to cancel the agreement)
Strike out what is not applicable or fill in what is applicable.
To: Sam Collections B.V.
Maatlat 6, 1906BL Limmen, The Netherlands
support@riverstonefashion.com
I/We* hereby inform you that I/we* wish to cancel our agreement regarding
the sale of the following products: (product description)*
the delivery of the following digital content: [digital content description]*
the provision of the following service: [service description], canceled
Ordered on*/received on* [order date for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only when this form is submitted on paper)