Terms of Service

Article 1 – Definitions

For the purposes of these Terms of Service, the following definitions apply:

Withdrawal period: the period within which the consumer can make use of their right of withdrawal.

Consumer: any natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader.

Day: calendar day.

Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.

Durable medium: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future access and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.

Trader: the natural or legal person offering products and/or services to consumers at a distance. In this case, the trader is RAYNADA.

Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, in which, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a withdrawal period of 30 days without giving any reason. During this period, the consumer must handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they must return the product, including all delivered accessories and, as far as reasonably possible, in its original condition and packaging, in accordance with the trader's reasonable instructions.

Article 3 – Scope

These Terms of Service apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms of Service will be made available to the consumer. Where this is not reasonably possible, the trader will indicate, before the contract is concluded, that the Terms of Service can be viewed at the trader's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms of Service may be made available to the consumer electronically in such a way that it can easily be stored on a durable medium. Where this is not reasonably possible, before the contract is concluded, it will be indicated where the Terms of Service can be viewed electronically and that they will be sent to the consumer, free of charge, electronically or otherwise, upon request.

Where specific product or service conditions apply in addition to these Terms of Service, the provisions above apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Should any provision of these Terms of Service be wholly or partly void or annulled, the contract and the remaining provisions will remain in effect. The provision in question will be replaced without delay by a provision that comes as close as possible to the intent of the original provision.

Matters not covered by these Terms of Service must be assessed “in the spirit” of these Terms of Service. Any ambiguity regarding the interpretation or content of one or more provisions must likewise be interpreted “in the spirit” of these Terms of Service.

Article 4 – The Offer

If an offer is subject to a limited period or conditions, this will be explicitly stated in the offer. All offers are without obligation. The trader is entitled to change and adjust offers.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.

If the trader uses images, these images are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images and information in the offer are for illustrative purposes only and cannot give rise to any claim for compensation or termination of the contract.

Product images reflect the products offered as accurately as possible. The trader cannot, however, guarantee that the colors shown exactly match the actual colors of the products.

Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

any applicable shipping costs;

the manner in which the contract will be concluded and the actions required for this;

whether or not the right of withdrawal applies;

the payment, delivery, and performance terms of the contract;

the period for accepting the offer, or the period during which the trader guarantees the price;

the level of charges for distance communication, where these are calculated on a basis other than the regular standard rate;

whether the contract will be archived after conclusion and, if so, how the consumer can access it;

the option for the consumer to review and, if necessary, correct the data provided under the contract before concluding it;

any languages other than English in which the contract can be concluded;

any codes of conduct to which the trader is subject and how the consumer can view these electronically;

the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The Contract

The contract is concluded once the consumer accepts the offer and meets the applicable conditions. By placing an order, the consumer agrees to these Terms of Service.

If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance. Until receipt of this acceptance has been confirmed, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. Where the consumer can pay electronically, the trader will take appropriate security measures.

The trader may, within the limits of the law, verify whether the consumer is able to meet their payment obligations, as well as take into account all facts and circumstances relevant to a responsible conclusion of the contract. If, based on this review, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

Every contract is concluded subject to the trader having sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.

The withdrawal period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, receives the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product.

If the consumer exercises their right of withdrawal, they must return the product, including all delivered accessories, as far as possible in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. This notice must be given in writing or by email.

After the consumer has notified the trader of their withdrawal, the product must be returned within 30 days. The consumer must be able to prove that the delivered goods were returned in time, for example by means of proof of shipment.

If, after expiry of the periods referred to above, the consumer has neither notified their withdrawal nor returned the product to the trader, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, they bear the cost of returning the goods.

If the consumer has already made a payment, the trader will refund this amount as soon as possible, and no later than within 30 days of the withdrawal. This is, however, subject to the product having already been received by the trader, or clear proof of complete return being provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for certain products, as described below. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at the latest before the contract is concluded.

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

that have been made to the consumer's specifications;

that are clearly personal in nature;

that cannot be returned due to their nature;

that can spoil or age quickly;

whose price is subject to fluctuations in the financial market over which the trader has no control;

for individual newspapers and magazines;

for audio and video recordings and computer software of which the seal has been broken by the consumer;

for hygiene products of which the seal has been broken by the consumer.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in applicable tax rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market, over which the trader has no control, at variable prices. This dependence on market fluctuations, and the fact that any stated prices are indicative, will be expressly mentioned in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if the trader has stipulated this, and they result from statutory regulations or provisions, or the consumer has the right to cancel the contract as of the day on which the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing or typesetting errors, the trader is not obliged to deliver the product at the incorrectly stated price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force at the date the contract was concluded.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never liable for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply where the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the trader's instructions and/or the packaging; or the defects are wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and executing orders for products.

The trader will execute accepted orders with due care and diligence, and at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.

In the event of termination as described above, the trader will refund the amount paid by the consumer as soon as possible, and no later than within 30 days of the termination.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items, and the cost of any return shipment is borne by the trader.

The risk of damage to and/or loss of the products lies with the trader until the moment of delivery to the consumer, or to a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

The consumer may terminate a contract concluded for an indefinite period for the regular supply of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month. A contract concluded for a fixed period may be terminated at the end of the fixed term on the same basis.

A contract for the regular supply of products or services may only be silently extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

If a contract has a duration of more than one year, the consumer may, after one year has elapsed, terminate it at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination prior to the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven business days of the start of the withdrawal period referred to in Article 6.

In the case of a contract for services, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

If the consumer fails to meet their payment obligations on time, the trader is entitled, subject to statutory restrictions, to charge the consumer reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within seven days of the consumer discovering the defects, by email to info@raynada.com

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will send an acknowledgment of receipt within 14 days and indicate when the consumer can expect a more detailed response.

A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.

If a complaint is found by the trader to be justified, the trader will, at its own discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms of Service apply are governed by the law of the Netherlands, unless mandatory statutory provisions of the consumer's country of residence provide otherwise.

This also applies if the consumer resides abroad.