General terms and conditions of business

ARTICLE 1 - DEFINITIONS 

In these Terms and Conditions the following terms are defined:

Additional contract: a contract whereby the consumer purchases products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession, business or craft and who concludes a contract with the entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Term business: An agreement relating to a series of products and/or services, the delivery and/or

Purchase obligation is spread over time;   

Durable medium: any means (or tool) that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail. 

 Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model withdrawal form : the withdrawal form that the trader makes available to the consumer and which the consumer can fill in when he wishes to exercise his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services at a distance to consumers;

Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, one or more techniques for distance communication with the consumer are used exclusively up to the conclusion of the agreement

Distance communication technology: means that can be used to conclude a distance contract without the consumer and the trader being in the same room at the same time

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur. 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR 

Radovan

Headquarters: Pallashof 49, 6446SK Brunssum, Netherlands

email: support@radovana.com

Chamber of Commerce number: 89602285

VAT number: NL004746384B59

ARTICLE 3 - APPLICABILITY 

 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer.
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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection, how they can be inspected and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, and by way of derogation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form before the distance contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or by another means, at the consumer's request.
In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the consumer shall always rely on the applicable provision that is most favourable to him.
In the event that one or more provisions of these general conditions are at any time declared null and void or voidable in whole or in part, these general conditions shall otherwise remain in force and the null and void or voidable provision in question shall be immediately replaced by mutual agreement by a provision that comes as close as possible to the meaning of the original.
Situations not covered by these General Terms and Conditions must be assessed on the basis of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions should be interpreted in accordance with these Terms and Conditions. 

ARTICLE 4 - THE OFFER 

If an offer has a limited period of validity or is made subject to conditions having a suspensive or resolutive effect or any other condition, this will be expressly mentioned in the offer. 

The entrepreneur's offer is non-binding. The entrepreneur has the right to change and adapt the offer.
The entrepreneur's offer contains a description of the products and/or services offered, which is at all times complete and correct. The offer contains a sufficiently detailed description so that the consumer can adequately evaluate the offer. If the entrepreneur uses any images that imply that these images show the product offered, then these are a true reflection of the products and/or services offered. Obvious errors or obvious mistakes in the offer cannot bind the entrepreneur. 

The images of the products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular
in particular:

the price including taxes;
the possible costs for shipping;
the manner in which the agreement is concluded and what actions are necessary for this purpose;
whether or not the tariff for distance communication is calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer
The minimum duration of the distance contract in the case of an extended transaction.
The application of the right of withdrawal;
The method of payment, delivery and performance of the contract; 

ARTICLE 5 - THE CONTRACT 

The contract is concluded, subject to the provisions of paragraph 4, in the

The contract comes into existence at the moment the consumer accepts the offer and the conditions for it are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. 

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer has the option to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal limits, obtain information about the consumer's ability to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, as a result of this examination, the entrepreneur has good reason not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
The address of the trader’s establishment where the consumer can submit complaints;
the conditions and manner in which the consumer may exercise his right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;  the price, including taxes, for the product, service or digital content;
The costs of delivery, if applicable;
the method of payment, delivery or performance of the distance contract;
the conditions for termination of the contract if the contract has a term of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.
In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. 

ARTICLE 6 - RIGHT OF WITHDRAWAL   

Upon delivery of the products:   

When purchasing products, the consumer has the option to terminate the contract within 30 days without giving any reason.

This withdrawal period begins on the day after receipt of the product by the consumer or by a representative previously designated by the consumer and the entrepreneur. 

If:   

the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer or a third party designated by him receives the last product. The trader may refuse an order for several products with a different delivery time, provided that he has clearly informed the consumer of this before the order process. 

If the delivery of a product consists of several shipments or parts, the withdrawal period begins on the day on which the consumer or a third party designated by him receives the last shipment or part; 

the agreement covers the regular delivery of products over a certain period of time, the withdrawal period begins on the day on which the consumer or a third party designated by him receives the first product.

In the case of services and digital content not delivered on a tangible medium:

In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may withdraw from the contract without giving any reason within fourteen days. These fourteen days begin on the day following the conclusion of the contract.

Extended withdrawal period for products, services and digital content not supplied on a material carrier, if no

Instructions on the right of withdrawal are given:   

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period shall expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the original reflection period, the reflection period shall expire fourteen days after the day on which the consumer received that information.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days of receiving the product. The consumer must notify this using the model form. After the consumer has made it known that he is exercising his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by providing proof of dispatch. 

ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL 

When exercising the right of withdrawal, the consumer only has to bear the costs of returning the goods.
The entrepreneur will refund the purchase amount as soon as possible, but no later than 30 days after withdrawal, using the same method used by the consumer. This requires return by the entrepreneur or conclusive proof of complete return.
Any reduction in value of the product caused by careless handling

will be charged to the consumer. This cannot be claimed if the trader has not provided all the legally required information on the right of withdrawal. This should be done before the conclusion of the purchase contract. 

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL 

An exclusion of the right of withdrawal is only possible if the trader has made this clear when making the offer or at least in good time before the conclusion of the contract and if the product in question is one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products
which were prepared by the trader according to the consumer's specifications;
Which are clearly of a personal nature;
Which spoil or age quickly;
The price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products where the consumer has broken the seal.

Exclusion is only possible for the following services:
concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
of which delivery has begun with the consumer's express consent before the end of the cooling-off period;
On bets and lotteries 

ARTICLE 9 - PRICE 

During the period specified in the offer, the prices of the products and/or services will not be increased, except in the case of price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market that are beyond the control of the entrepreneur, at

variable prices. This connection to the fluctuations and the fact that all prices mentioned are target prices are mentioned in the offer. 

Price increases within 3 months of the conclusion of the contract are only permitted if they result from laws or regulations

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to them and: 

they are the result of legal provisions or regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

The prices indicated in the offer of products or services include VAT

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price. 

ARTICLE 10 - WARRANTY AND CONFORMITY 

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement. This includes any promise made by the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfil his part of the agreement.

Any defects or incorrectly delivered products are to be reported to the entrepreneur

in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

The guarantee does not apply if: 

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;  The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; 

The defect is wholly or partly the result of government regulations which have been or will be imposed on the nature or quality of the materials used. 

ARTICLE 11 - DELIVERY AND EXECUTION 

The entrepreneur will exercise the greatest possible care when accepting and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has communicated to the company.

Subject to what is stated in paragraph 4 of this article, the company will accept orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or an order is not or only partially executed, the consumer will receive it no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any delivery dates stated. Exceeding a deadline does not entitle the consumer to compensation.

In the event of termination pursuant to paragraph 3 of this article, the operator shall refund the amount paid by the consumer as soon as possible, but at least within 30 days after termination. 

If the delivery of an ordered product should prove impossible, the entrepreneur will endeavour to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return are borne by the entrepreneur. 

 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative communicated to the entrepreneur's representative, unless expressly agreed otherwise. 

ARTICLE 12 - TERM OF TRANSACTIONS: TERM, TERMINATION AND RENEWAL 

Scheduling 

The consumer has the right at any time to terminate a contract concluded for an indefinite period which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.

The consumer has the right at any time to terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month, at the end of the fixed term.

The consumer may make the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least complete them in the same way as he completed them;
always terminate with the same notice period that the entrepreneur has set for himself. 

Expansion 

A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period.   

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months if the consumer has the right to terminate the renewed contract before the end of the renewal period by giving no more than one month's notice. 

A fixed-term contract concluded for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month.

A limited-term contract for the regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period. 

Length of time 

If a contract lasts longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and equity preclude termination before the end of the agreed term. 

ARTICLE 13 - PAYMENT 

Unless otherwise agreed, the amounts to be paid by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report any inaccuracies in the data provided or the payment indicated to the operator. 

 In case of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer all previously determined reasonable costs. 

ARTICLE 14 - COMPLAINT PROCEDURE 

The trader must have a sufficiently publicised complaints procedure and handle the complaint in accordance with that complaints procedure.

 Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within a reasonable period of time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, it becomes a dispute subject to the dispute resolution procedure. 

ARTICLE 15 - DISPUTES 

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 

ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS 

Any additional or deviating provisions from these General Terms and Conditions must not be to the detriment of the consumer and should be set out in writing or recorded in such a way that

the consumer can keep it accessible on a durable medium.

ARTICLE 17 - CLOTHING AND FOOTWEAR   

Unfortunately, we do not take back clothes and shoes as this has a devastating impact on our environment. In the event that your garment does not fit, we will give you a 50% voucher to order a better size. We recommend giving the original garment to a friend to avoid waste. 

 Here are some facts why we made this decision:

- In 2018, according to the Environmental Protection Agency, 17 million tons of textile waste ended up in landfills, accounting for 5.8 percent of total waste that year.
- According to the World Resources Institute, it takes 2,700 liters of water to produce one cotton shirt.
- Textiles can take up to 200+ years to decompose in landfills.

Since our products are shipped directly from the manufacturer, we are already making a major contribution to protecting the environment. Accepting returns and the associated waste of clothing and additional emissions due to logistics would not be consistent with our mission: a better world.

General terms and conditions of business