GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY, E.G. (B2B & B2C)
Table of contents
- Article 1 Definitions
- Article 2 Identity of the entrepreneur
- Article 3 Applicability
- Article 4 Offers and quotations
- Article 5 Agreements and amendments
- Article 6 Right of withdrawal
- Article 7 Production process
- Article 8 Packaging
- Article 9 Payment
- Article 10 Transportation / risk
- Article 11 Delivery
- Article 12 Retention of title
- Article 13 Customer obligations
- Article 14 Advertising
- Article 15 Return of delivered goods
- Article 16 Warranty
- Article 17 Liability
- Article 18 Intellectual and industrial property rights
- Article 19 Documents, aids, advice, etc.
- Article 20 Security
- Article 21 Suspension, dissolution, force majeure
- Article 22 Engagement of third parties
- Article 23 Transfer of rights and obligations
- Article 24 Complaints procedure for consumers
- Article 25 Applicable law, competent court
- Article 26 Dutch text prevails
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings
- 1.1 General Terms and Conditions:
- the present General Terms and Conditions of RelieVR B.V.;
- 1.2 Withdrawal period:
- the period within which the consumer (B2C) can make use of his Right of withdrawal; this does not apply to Business to Business (B2B);
- 1.3 Consumer:
- the natural person who does not act in the exercise of a profession or business and enters into a distance contract with RelieVR B.V. (B2C);
- 1.4 Day:
- calendar day;
- 1.5 Service:
- the subscription to license access to software that uses virtual reality glasses to influence patients' chronic pain experience with the aim of reducing that pain experience;
- 1.6 Transaction Duration:
- a distance contract relating to a series of products and / or services, the delivery and / or purchase is spread over time;
- 1.7 Durable medium:
- any means that enables the consumer or RelieVR B.V. to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
- 1.8 Right of withdrawal:
- the possibility for the consumer to withdraw from the distance contract within the reflection period; the right of withdrawal does not apply to B2B;
- 1.9 Model form:
- the model withdrawal form that RelieVR B.V. provides that a consumer can fill in when he wants to make use of his right of withdrawal;
- 1.10 Distance contract:
- an agreement in which, within the framework of a system organized by RelieVR B.V. for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- 1.11 Technique for distance communication:
- means that can be used for concluding an agreement, without the consumer and RelieVR B.V. being in the same room at the same time;
Article 2 - Identity of the entrepreneur
The private company with limited liability RelieVR B.V. (hereinafter: "RelieVR")
- Business address:
- Margaretha de Heerstraat 7, 8921 AK Leeuwarden, The Netherlands
- Visiting address:
- Blokhuisplein 40, 8911 LJ Leeuwarden, Netherlands
- Phone number:
- +31 (0)85 13 08 260
- NL16 RABO 0326 9010 19
- E-mail address:
- CoC number:
- VAT identification number:
Article 3 - Applicability
- 3.1 These General Terms and Conditions (hereinafter: Conditions) are applicable to all offers, quotations, orders and/or agreements (at a distance) between RelieVR and Customer, regarding the sale and delivery of goods and/or the provision of services and the execution thereof. Deviations from or changes to these Terms and Conditions must be confirmed by RelieVR in writing and will only apply to the relevant quotation/service contract.
- 3.2 "Customer" is understood to mean any legal entity and consumer to whom RelieVR supplies goods and/or services, including its representatives, authorised representatives, legal successors and heirs. Articles 3.3, 3.4, 3.5, 4.4, 5.2, 5.6, 6, 10.2, 11.3 and 15 of these Conditions deviate from general legislation for the benefit of the consumer. This will be explicitly stated in the relevant provision.
- 3.3 Before a distance contract with a consumer is concluded, the text of these Terms and Conditions will be made available to the consumer.
- 3.4 If a distance contract with a consumer is concluded electronically, then, contrary to the previous paragraph and before the distance contract 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 data carrier.
- 3.5 In the event that, in addition to these Terms and Conditions, specific product and / or service conditions apply, Articles 3.3 and 3.4 apply by analogy and in the event of conflicting Terms and Conditions the consumer can always rely on the applicable provision that is most favorable to the consumer.
- 3.6 Any general terms and conditions used by Customer are not binding for RelieVR, unless RelieVR has explicitly agreed to them in writing.
- 3.7 If RelieVR has agreed in writing with the applicability of one or more deviating conditions, these Conditions remain in full force.
- 3.8 If any provision of these Terms and Conditions is invalid or is annulled in whole or in part, the other provisions of these Terms and Conditions will remain in full force and effect. In that case, the parties shall consult with a view to agreeing on a new provision to replace the null and void or annulled provision.
Article 4 - Offers and quotations
- 4.1 All offers of RelieVR are made in writing. The offer will be dated and will be valid for a period of fourteen days as of that day, unless explicitly stated otherwise in the offer.
- 4.2 Descriptions and prices in quotations are subject to change and are only approximate. The customer cannot derive any rights from any errors in a quotation.
- 4.3 RelieVR's offers are made on the basis of information and specifications provided by Customer. Quotations are based on production and delivery within normal deadlines and under normal circumstances.
- 4.4 Unless explicitly stated otherwise, all prices are exclusive of turnover tax (VAT) and other levies imposed by the authorities.
- 4.5 Unless otherwise stated in writing in the price list or offer, the prices given by RelieVR are in euros.
- 4.6 RelieVR is entitled to change the agreed price if changed market prices and/or price increases by suppliers or other developments, such as changes in raw material, material and labour costs, government measures, exchange rates, taxes, duties, levies, etc., give rise to this. RelieVR will inform Customer of any price increase as soon as possible in writing. If the price increase takes place within three (3) months of the conclusion of an agreement and amounts to more than ten (10) % of the original price, the Customer has the right, within ten (10) days of the written notice referred to in the previous sentence being sent, to invoke the dissolution of the agreement in writing, failing which he will be deemed to have agreed to the price increase.
- 4.7 If the offer is not accepted by Customer, RelieVR has the right to charge Customer for the costs involved in the realization of the offer, if he has stipulated this in writing before issuing the offer.
Article 5 - Agreements and amendments
- 5.1 RelieVR is only bound to an order placed with RelieVR if and as soon as that order is confirmed in writing by RelieVR within 10 working days after receipt of the order for delivery, or if RelieVR has started with the execution of that order. RelieVR expressly reserves the right to determine the delivery date at the time of the aforementioned confirmation. For work / deliveries for which no order confirmation is sent due to the nature and / or scope, the invoice shall also serve as order confirmation, which is deemed to reflect the agreement correctly and in full.
- 5.2 An order placed by Customer will, with the exception of the provisions of article 6, be considered by RelieVR as an irrevocable offer.
- 5.3 Changes in the execution of an order requested by Customer after placing an order, must be notified by Customer to RelieVR in time and in writing and only bind RelieVR if these agreements / promises have been confirmed by RelieVR in writing. In the event of orders given verbally or by telephone and/or changes in the execution thereof, the Customer shall bear the risk with regard to the (correct) execution or otherwise.
- 5.4 Changes in an order placed by Customer, of whatever nature, that result in higher costs than could be calculated from the original quotation provided by RelieVR, will be at the expense of Customer. If such changes result in a reduction in costs, the Customer cannot derive any right from them with regard to a reduction in the purchase price. RelieVR may, however, decide at its own discretion that these changes will result in the payment of a lower purchase price.
- 5.5 Changes made may result in RelieVR exceeding the delivery time indicated before the changes. This cannot be invoked to the detriment of RelieVR. Membership
- 5.6 RelieVR grants, on the condition that Customer fully complies with the provisions of these Terms and Conditions, Customer a non-exclusive, non-transferable, limited right of access to the use and availability of the website, the apps and membership product(s) of RelieVR for Customer's personal and non-commercial use. There is a separate website for both the consumer and the legal entity. The Customer agrees that the Customer will not give or transfer or share its rights to the use and/or access to the website, the apps and one or more membership product(s) with another. Purchaser agrees that only Purchaser may use and/or access its user account and license key using a license.
- 5.7 The agreement to provide services in the form of a membership is entered into for an indefinite period of time until further notice. Notice of termination by RelieVR or Customer must be given with due observance of one month's notice. If the Customer purchases a RelieVR membership product online or by telephone, the Customer has the right to cancel the order for each of the Membership Products within 14 days after the order. The Customer must give notice of termination by completing and sending a model form drawn up by RelieVR.
Article 6 - Right of withdrawal if the Customer is a consumer for hardware products
- 6.1 The Customer can dissolve an agreement with regard to the purchase of a hardware product for a reflection period of 14 days without giving reasons, unless the Customer has explicitly waived the right of withdrawal when ordering.
- 6.2 The cooling-off period referred to in 6.1 commences on the day after the Customer, or a third party other than the carrier and previously designated by the Customer, has received the product, or:
- If the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product.
- If the delivery of a product consists of several consignments or parts: the day on which the Customer, or a third party designated by him, the last consignment or the last part;
- In the case of contracts for the regular supply of products during a given period, the period: the day on which the Customer, or a third party designated by him, is first product. In the case of services and digital content which is not supplied on a tangible medium
- 6.3 The Customer may terminate a service agreement and an agreement for the supply of digital content that is not supplied on a material carrier for a period of 14 days without giving any reason, unless the Customer has explicitly waived the right of withdrawal when ordering.
- 6.4 The cooling-off period mentioned in 6.3 commences on the day following the conclusion of the purchase.
- 6.5 Products for which the license key has already been issued are excluded from revocation.
Article 7 - Production process and services
- 7.1 RelieVR shall at all times determine and organise the production process.
Article 8 - Packaging
- 8.1 Unless explicitly agreed otherwise in writing, the products - if necessary and at the exclusive discretion of RelieVR - will be provided with a packaging in which the products are usually traded.
- 8.2 Unless otherwise agreed in writing with Customer, RelieVR will not take back the packaging, except if it consists of special transport trolleys, crates or bags. These packaging materials will always be taken back by RelieVR and the customer must make these packaging materials available to RelieVR in a manner to be specified.
Article 9 - Payment
- 9.1 For sales other than at a distance, payment must be made within 14 days of the invoice date by transferring the amount due to the IBAN account as stated on the invoice or by means of a direct debit. Payment by the Customer must only be made in the currency in which the agreed prices have been included, unless otherwise agreed in writing. Any currency risk is for the account of the Buyer. In the case of distance selling, the purchase price must be paid immediately prior to delivery. As a subscriber of a membership product, the customer agrees to pay the fixed and periodic fees to be determined by RelieVR for the use of or access to the membership product(s).
- 9.2 The Customer hereby waives its rights of set-off and suspension.
- 9.3 If the Customer does not fulfil his payment obligation under article 9.1 of these Conditions, he will be in default without any further reminder or notice of default being required. RelieVR then has the right to fully or partially terminate the agreement with the customer or to suspend the execution of the agreement, in which case Customer will be fully liable for the damage suffered and to be suffered by RelieVR. Furthermore, without prejudice to RelieVR's other rights, Customer will owe interest of two (2) % per month on (the part of) the invoice amount that is still due, from the day that the payment term has been exceeded until the moment that the invoice amount has been paid in full. RelieVR will then also be entitled to demand immediate payment of all unpaid invoices and to suspend further deliveries until such time as the full amount of the invoice has been paid, or has been given adequate security for it.
- 9.4 All judicial and extrajudicial collection costs that RelieVR incurs as a result of the Any failure by the Customer to fulfil his payment obligations will be for the account of the Customer and will be calculated in accordance with the graduated scale as set out in the Act on the Standardisation of Extrajudicial Collection Charges (WIK) and the accompanying Decree.
- 9.5 Once digital software has been issued and the seal has been broken, return or exchange is no longer possible.
- 9.6 Payments made by the Customer will always first serve to settle all costs and interest owed and then to settle the oldest invoice due, even if the Customer states that the payment relates to a later invoice.
Article 10 - Transport / risk
- 10.1 The method of transport, shipping, packaging and the like is determined by RelieVR, without RelieVR bearing any liability for this.
- 10.2 The shipment of goods takes place, even if carriage paid delivery has been agreed, at the expense and risk of the Customer, even if the carrier demands that consignment notes, transport addresses and suchlike contain a clause that prevents all transport damage from being at the expense and risk of the sender. The Purchaser shall bear the risk for all damage (such as transport damage, water damage, fire damage, theft) caused during the transport of the goods. The Purchaser must take out proper insurance against this risk. Until the moment of receipt by the consumer or a third party other than the carrier and indicated by the consumer, the risk of damage and/or loss of products rests with RelieVR. If the consumer appoints a carrier and the choice of this carrier is in principle not offered by RelieVR, then the risk of damage and/or loss rests with the consumer from the moment of receipt of the product by the carrier of his choice.
Article 11 - Delivery
- 11.1 RelieVR will execute accepted orders with due diligence but at the latest within 30 days, unless Customer has agreed to a longer delivery period.
- 11.2 All delivery periods are indicative. The Customer cannot derive any rights from any of the aforementioned periods. RelieVR is not in default by simply exceeding the delivery period. If a delay occurs, for whatever reason, the delivery time shall be extended for the duration of the delay. Exceeding a term does not entitle the Customer to compensation.
- 11.3 The place of delivery is the address that Customer has indicated to RelieVR.
- 11.4 Unless otherwise agreed in writing - for example in RelieVR's order confirmation - and not contrary to the provisions of articles 10.2 and 12 of these Terms and Conditions, goods are considered to have been legally delivered to Customer from the moment that they are ready for shipment or transport at RelieVR, and Customer has been informed of this in writing (Ex Works, IncoTerms 2010), and Customer has fulfilled his payment obligation. From the moment of delivery, the goods delivered are at the expense and risk of the Customer.
- 11.5 The Customer is obliged to take receipt of the goods on the announced day. If this obligation is not fulfilled, RelieVR will store the goods (or have them stored) in its warehouse or elsewhere. The costs associated with such storage shall be borne by the Customer.
- 11.6 The parties may agree that an inspection of the goods to be delivered shall take place prior to delivery. This inspection will take place in a warehouse / depot to be determined by RelieVR, where the goods will be made available prior to delivery.
- 11.7 If the parties agree on a DDP delivery (Incoterms 2010), this will include DDP deposit RelieVR in the country of delivery concerned. The provisions of article 9 of these Conditions apply in full to DDP deliveries.
- 11.8 RelieVR is entitled to deliver goods in parts. Each partial delivery, including the delivery of goods from a composite order, may be invoiced separately. In such a case, payment must be made in accordance with the provisions of Article 9 of these Conditions.
Article 12 - Reservation of title
- 12.1 All delivered and still to be delivered goods remain the exclusive property of RelieVR, until all claims that RelieVR has or will have on Customer, including in any case the claims mentioned in article 3:92, paragraph 2 of the Dutch Civil Code, have been paid in full.
- 12.2 As long as the ownership of the goods has not been transferred to the Customer, the Customer may not pledge the goods or grant third parties any other right to them, except within the normal course of his business. Customer commits himself at the first request of RelieVR to cooperate in the establishment of a pledge on the claims that Customer obtains or will obtain from his customers as a result of the re-delivery of goods.
- 12.3 After delivery, the risk on all goods delivered by RelieVR is transferred to Customer. Customer is obliged to keep the goods delivered under retention of title with due care and as recognizable property of RelieVR.
- 12.4 RelieVR has the right to take back the goods that have been delivered under retention of title and are still present at Customer's premises if Customer is in default with the fulfilment of his payment obligations or is in payment difficulties or is in danger of being in difficulties. Customer will at all times give RelieVR free access to his premises and/or buildings and inspect the goods and/or to exercise the rights of RelieVR.
- 12.5 The aforementioned provisions included under 12.1 to 12.4 do not affect the other rights of RelieVR.
- 12.6 With regard to a Customer established in Belgium, instead of article 12.1, in case of non-payment on the due date, the sale by RelieVR can be considered as null and void by operation of law and without a reminder. The goods remain the property of RelieVR until full payment of the price. All risks are for the account of the Customer. Any advance payments made will continue to be acquired by RelieVR as compensation for possible losses on resale. Articles 12.2 to 12.5 inclusive apply mutatis mutandis.
Article 13 - Obligations of the Customer
- 13.1 Customer will ensure that RelieVR has all the necessary information for the execution of the agreement, such as the name, address, telephone and country number, e-mail address and account number of the Customer, purchase numbers, colours and/or other specifications that apply to the agreement in question, at the disposal of RelieVR.
- 13.2 If the start or the progress of the execution of the agreement is delayed by factors that can be attributed to Customer, the resulting damages and costs for RelieVR will be at the expense of Customer.
Article 14 - Advertising
- 14.1 Upon receipt of delivered goods, the Customer is obliged to thoroughly examine whether the goods comply with the agreement. If, in the opinion of the Buyer, the delivered goods do not comply with the agreement, the Buyer must report this immediately after receipt of the goods. In the event that the ground for objection could not reasonably have been discovered upon receipt of the goods, a period of ten (10) days shall apply from the moment that such ground was discovered or could reasonably have been discovered. RelieVR will under no circumstances accept objections made after a period of three (3) months after delivery of the goods by RelieVR.
- 14.2 If, with due observance of the provisions of article 14.1, RelieVR deems the objection to be well-founded, RelieVR is only obliged to repair, replace or compensate the (parts of the) goods to which the objection relates, free of charge, at the discretion of RelieVR.
- 14.3 Complaints do not release Customer from his payment obligations towards RelieVR.
Article 15 - Return of delivered goods
- 15.1 With the exception of article 6 of these Conditions, the goods sent by RelieVR to Customer may only be returned to RelieVR after written permission of RelieVR and under conditions to be set by RelieVR.
- 15.2 The costs of returning the goods sent by RelieVR to Customer are at the expense of Customer, with the exception of the costs of returning goods of which RelieVR has been determined to have errors and/or defects falling under the guarantee or for which RelieVR is liable.
Article 16 - Warranty
- 16.1 RelieVR gives a guarantee for a maximum period of twelve months after delivery on all goods produced and/or delivered by RelieVR itself. Defects covered by the guarantee will be removed by RelieVR by repair or replacement of the defective part, whether or not at the premises of the Customer, by sending a replacement part, or by crediting the purchase price of the product in question, all this at the discretion of RelieVR.
- 16.2 For goods that are not produced by RelieVR itself, RelieVR's warranty obligations will under no circumstances exceed the manufacturer's warranty.
- 16.3 RelieVR is not obliged to fulfil any guarantee obligation, if Customer has not fully, properly or timely fulfilled any obligation towards RelieVR at the moment that Customer invokes the guarantee.
- 16.4 Any guarantee lapses if the Customer himself makes changes or repairs to the goods or has them made, if the goods are used for other than usual business purposes, or if they have been handled or maintained in a careless or injudicious manner.
- 16.5 When the goods are installed for use in connection with other products not supplied by RelieVR, Customer will - to the exclusion of any liability of RelieVR - bear full responsibility for correct installation and compatibility of the different goods.
- 16.6 In the event that a new part is installed in a delivered product produced by RelieVR itself and produced by RelieVR, no new warranty period will apply to that part or product, but a warranty period will apply to that part that ends when the warranty period ends for the product in which that part is installed.
Article 17 - Liability
- 17.1 RelieVR's liability is limited to compliance with the guarantee obligations described in article 16 of these Conditions. Any further or other liability for incorrect fulfilment or other shortcoming of RelieVR or for (consequential) damage to Customer or third parties, for whatever reason (except in case of intent or gross negligence), is explicitly excluded.
- 17.2 Customer is obliged to indemnify RelieVR and to compensate RelieVR for all claims of third parties, engaged by Customer, for damages against RelieVR in connection with the execution of the agreement between Customer and RelieVR, except in case of intent or gross negligence on the part of RelieVR. Furthermore, Customer is obliged to indemnify RelieVR and to compensate RelieVR for all claims of third parties, engaged by Customer, that are related to or result from the use by Customer of the goods delivered or services provided by RelieVR.
- 17.3 Employees of RelieVR who may be held liable may invoke the provisions of this article as if they were party to the agreement between RelieVR and the Customer.
- 17.4 Insofar as RelieVR cannot be considered as a producer in accordance with article 6:185 and following of the Dutch Civil Code, Customer is obliged to contact the producer directly with regard to (personal) damage suffered as a result of a lack of goods delivered by RelieVR. RelieVR is not liable for such damage, unless it concerns products that RelieVR has imported into the EC from outside the EC or it cannot be determined who the producer is and RelieVR has not informed this customer of the identity of the producer within a period of 30 days after the submission of the claim by the Purchaser.
- 17.5 Any liability of RelieVR for direct damage is limited to a maximum of the value of the goods delivered by RelieVR. In addition, RelieVR's liability is at all times limited to the amount that the insurer is prepared to pay out in the case in question.
- 17.6 RelieVR is not a medical organisation and does not provide medical advice or diagnoses for the Customer. The content of printed material or other material provided to you or published on the RelieVR website or apps is not to be regarded by the Purchaser as medical advice or such a diagnosis. The programme drawn up by RelieVR service provider should not be regarded as a replacement for a consultation, assessment or treatment by a doctor or specialist. The customer with a health condition is strongly advised to seek professional medical advice before starting the RelieVR product and/or service.
Article 18 - Intellectual and industrial property rights
- 18.1 RelieVR reserves all intellectual and industrial property rights in respect of quotations issued by it, as well as in respect of drawings, designs, software, descriptions, models, software, hardware and the like produced or provided by it, as well as in respect of the information contained in or underlying the foregoing.
- 18.2 Customer guarantees that the information referred to in article 18.1 will not be reproduced, made public, stored or otherwise used without the written permission of RelieVR, except insofar as necessary for the execution of the agreement.
- 18.3 All signs, logos, labels and the like, whether or not protected by intellectual or industrial property rights, that are on, in or on the goods delivered by RelieVR, may not be changed, removed from or used for other purposes or imitated by Customer without the permission of RelieVR. The Purchaser is obliged to impose this clause on its Purchaser as a third party clause.
- 18.4 RelieVR accepts no liability for infringements of intellectual or industrial property rights of third parties, which are caused by changes made to the delivered goods without the permission of RelieVR.
Article 19 - Documents, aids, advice, etc.
- 19.1 Cost estimates, plans, catalogues, images, drawings, measurements and weight specifications drawn up, produced or made available by RelieVR or other documents belonging to offers or deliveries, as well as aids such as models, moulds, stamps, moulds and tools remain the property of RelieVR at all times, even if the manufacturing costs have been charged to Customer, and must be returned to RelieVR at its first request. RelieVR will never be liable for damage of Customer, of whatever nature, as a result of certain tools no longer being available at the time of reordering.
- 19.2 Without written permission of RelieVR, Customer guarantees that the information described in the previous paragraph will not be copied or imitated, or that it will be made available to third parties, whether or not for re-use, for inspection or handing over. RelieVR is entitled to require Customer to cooperate with the signing of a confidentiality agreement submitted by RelieVR.
- 19.3 The costs associated with the development of prototypes will be borne by the Customer.
- 19.4 All moulds, tools, etc. made available to RelieVR for the execution of an order placed by Customer remain at the risk of Customer. RelieVR will never be liable for breakage and other causes resulting in uselessness. are. All costs of repair or replacement shall be borne entirely by the Customer.
- 19.5 RelieVR is entitled to destroy models, tools, stamps, moulds and any other aids that were manufactured for a special order and for which no order was received for two years, without notifying the Purchaser concerned.
Article 20 - Security
- 20.1 If RelieVR has reason to suspect that Customer will not be able to fulfil his obligations under the agreement, Customer is obliged, at the first request of RelieVR, to provide sufficient security for the full fulfilment of all his obligations in respect of agreements executed by RelieVR or yet to be executed in full or in part, in a manner to be indicated by RelieVR.
Article 21 - Suspension, dissolution, force majeure
- 21.1 If Customer fails in any way towards RelieVR in the fulfilment of any obligation, as well as in case of an application for suspension of payments, obtained (provisional) suspension of payments, application for bankruptcy, filing for bankruptcy or claim, bankruptcy, liquidation or cessation of (part of) the other party's company, RelieVR, without prejudice to its other rights and without any obligation to pay damages, is authorized without notice of default or judicial intervention:
- 21.2 - suspend the execution of the agreement until payment of all that Customer owes RelieVR has been sufficiently secured; and/or - suspend all its own possible payment obligations; and/or - to dissolve any agreement with the Customer in whole or in part; All this without prejudice to Customer's obligation to pay for goods already delivered and/or services rendered and without prejudice to RelieVR's other rights, including the right to compensation. In case RelieVR is unable to execute the agreement due to force majeure, RelieVR has the right to suspend the execution of the agreement without judicial intervention or to dissolve the agreement in whole or in part, without being obliged to pay any compensation.
- 21.3 Force majeure applies in the event of any circumstance beyond the control of RelieVR as a result of which performance of the agreement is permanently or temporarily prevented, as well as, insofar as not already included, war, threat of war, civil war, riots, strikes, fires and any other disruption in the business of RelieVR or its suppliers. Force majeure also applies if a supplier from whom RelieVR obtains goods in connection with the execution of the agreement with the Customer, remains in default. with temporary and/or sound delivery.
Article 22 - Engagement of third parties
- 22.1 RelieVR has the right to engage third parties in the execution of an agreement on behalf of and for the account of Customer, if in the opinion of RelieVR there is reason to do so or if this arises from the agreement. The costs of this will be passed on to the Customer in accordance with the quotation provided by RelieVR.
- 22.2 The Customer guarantees the quality of the goods and services of the third parties engaged by the Customer.
Article 23 - Transfer of rights and obligations
- 23.1 Customer may not transfer his rights and/or obligations resulting from any agreement with RelieVR to third parties or use them as security for claims of third parties, without prior written permission of RelieVR.
Article 24 - Complaints procedure for consumers
- 24.1 RelieVR has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- 24.2 Within 14 days after the consumer has discovered the defects in the performance of the contract, complaints must be fully and clearly described and submitted by e-mail to email@example.com.
- 24.3 Complaints submitted to RelieVR will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, RelieVR will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
- 24.4 A complaint does not suspend RelieVR's obligations, unless the entrepreneur indicates otherwise in writing.
- 24.5 If a complaint is found to be justified by RelieVR, RelieVR will replace or repair the delivered products free of charge.
Article 25 - Applicable law, competent court
- 25.1 These Conditions, as well as all legal relationships between RelieVR and Customer, are exclusively governed by Dutch law. Even if the consumer is living abroad.
- 25.2 The Vienna Sales Convention does not apply.
- 25.3 Insofar as the law does not compulsorily prescribe otherwise, in the first instance only the District Court of Amsterdam will be competent to take cognizance of any disputes that may arise as a result of (the execution of) any agreement between RelieVR and Customer, as well as of disputes concerning (every provision of) these Conditions, also for the acquisition of provisional provisions.
Article 26 - Dutch text prevails
- 26.1 In the event of a conflict between a translation and the Dutch version of these Terms and Conditions, the Dutch version will prevail.
General terms and conditions of sale and delivery RelieVR B.V. - Version June 2019