Terms of service

General Terms and conditions

Article 1 – Definitions

Revel in Books, located at Uilenhoeve 1, 3831TX Leusden, Chamber of Commerce number 94545820, is referred to as the seller in these general terms and conditions. The counterparty of the seller is referred to as the buyer in these general terms and conditions.

·        Parties are the seller and the buyer together.

·        The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of General Terms and Conditions

·        These conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.

·        Deviations from these conditions can only be made if expressly and in writing agreed upon by the parties.

Article 3 – Payment

·        The full purchase price is always paid immediately in the store. In some cases, a deposit is expected for reservations. In that case, the buyer will receive proof of the reservation and the advance payment.

·        If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

·        If the buyer remains in default, the seller will proceed to collection. The costs related to that collection are borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.

·        In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the seller on the buyer are immediately due and payable.

·        If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 – Offers, Quotations, and Price

·        Offers are without obligation unless a term of acceptance is stated in the offer. If the offer is not accepted within that specified period, the offer expires.

·        Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have expressly and in writing agreed otherwise.

·        Offers and quotations do not automatically apply to repeat orders. Parties must expressly and in writing agree on this.

·        The price stated on offers, quotations, and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 – Right of Withdrawal

·        The consumer has the right to dissolve the agreement without giving any reason within 5 working days after receiving the orders (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.

·        There is no right of withdrawal if the products are custom-made according to the consumer’s specifications or are perishable.

·        The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately upon request.

·        During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

Article 6 – Modification of the Agreement

·        If during the execution of the agreement it appears that it is necessary to change or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

·        If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. The seller will inform the buyer of this as soon as possible.

·        If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.

·        If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in an exceeding of this price.

·        In deviation from the provisions of the third paragraph of this article, the seller cannot charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to him.

Article 7 – Delivery and Transfer of Risk

·        As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer, taking into account warranty provisions.

Article 8 – Inspection, Complaints

·        The buyer is obliged to inspect the delivered goods at the time of delivery, or at least within the warranty period. The buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least meet the requirements that are customary in normal (commercial) transactions.

·        Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller within 5 working days after the day of delivery of the goods by the buyer.

·        If the complaint is justified within the specified period, the seller has the right to either repair, re-deliver, or refrain from delivery and send the buyer a credit note for that part of the purchase price.

·        Minor and/or industry-standard deviations and differences in quality, color, number, size, or finish cannot be held against the seller.

·        Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.

·        No complaints will be accepted after the goods have been processed by the buyer.

Article 9 – Samples and Models

·        If a sample or model has been shown or provided to the buyer, it is presumed to have been provided as an indication only, without the delivered item needing to correspond to it. This is different if the parties have expressly agreed that the delivered item will correspond to it.

·        In agreements concerning real estate, mentioning the surface area or other measurements and indications is also presumed to be intended as an indication only, without the delivered item needing to correspond to it.

Article 10 – Delivery

·        Delivery is made ‘ex works/store/warehouse,’ meaning all costs are borne by the buyer.

·        The buyer is obliged to take delivery of the goods at the moment the seller delivers them to him or has them delivered, or at the moment these goods are made available to him according to the agreement.

·        If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the buyer’s expense and risk.

·        If the goods are delivered, the seller is entitled to charge any delivery costs.

·        If the seller needs information from the buyer for the execution of the delivery, the delivery time starts after the buyer has provided this information to the seller.

·        A delivery period specified by the seller is indicative. It is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.

·        The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. The seller is entitled to invoice these parts separately when delivering in parts.

Article 11 – Force Majeure

·        If the seller cannot, not timely, or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for any damage suffered by the buyer.

·        Force majeure includes any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, war or threat of war, civil war and riot, sabotage, terrorism, energy disruption, flooding, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller’s business.

·        Furthermore, force majeure includes the circumstance that suppliers on which the seller depends for the execution of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller.

·        If a situation as referred to above arises as a result of which the seller cannot fulfill his obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.

·        If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via a registered letter.

Article 12 – Transfer of Rights

·        Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision has property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13 – Retention of Title and Right of Retention

·        Goods present at the seller and delivered goods and parts remain the property of the seller until the buyer has paid the full agreed price. Until then, the seller can invoke his retention of title and take back the goods.

·        If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is creditor’s default. A delayed delivery cannot be held against the seller in that case.

·        The seller is not authorized to pledge or otherwise encumber the goods subject to his retention of title.

·        The seller undertakes to insure and keep insured the goods delivered under retention of title to the buyer against fire, explosion, and water damage as well as against theft and to make the policy available for inspection at the first request.

·        If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.

·        In the event of liquidation, insolvency, or suspension of payment of the buyer, the buyer’s obligations are immediately due and payable.

Article 14 – Liability

·        Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.

·        The seller’s liability for damage resulting from intent or deliberate recklessness by the seller or his managerial subordinates is not excluded.

Article 15 – Duty to Complain

·        The buyer is obliged to report complaints about the work performed directly to the seller. The complaint must contain as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.

·        If a complaint is justified, the seller is obliged to repair and possibly replace the goods.

Article 16 – Warranties

·        If warranties are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, will function without defects, and is suitable for the use that the buyer intends to make of it. This warranty is valid for a period of [X] after actual use by the buyer.

·        The intended warranty aims to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a warranty are always fully borne by the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code regarding a breach of a warranty. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer by conducting an investigation.

·        The mentioned warranty does not apply if the defect has arisen as a result of improper or inappropriate use, or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.

·        If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by the producer.

Article 17 – Applicable Law and Competent Court

·        This agreement between the seller and the buyer is exclusively governed by Dutch law.

·        The Dutch court in the district where Revelinbooks.com is established or operates has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law dictates otherwise.

·        If one or more provisions of these general terms and conditions are deemed unreasonably onerous in a legal proceeding, the remaining provisions will remain in full force.