Terms of delivery

Terms of delivery

Definitions

Rehoboth Export and Import, established in Soest under Chamber of Commerce no. 61827797.
Customer: the person with whom Rehoboth Export and Import has entered into an agreement.
Parties: Rehoboth Export and Import and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

These terms of delivery apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Rehoboth Export and Import.
The parties can only deviate from these terms and conditions of delivery if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.

Consequences of not paying on time

If the customer does not pay within the agreed term, Rehoboth Export and Import is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Rehoboth Export and Import.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Rehoboth Export and Import may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Rehoboth Export and Import’s claims against the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Rehoboth Export and Import, he is still obliged to pay the full agreed price to Rehoboth Export and Import.

Right of complaint

As soon as the customer is in default, Rehoboth Export and Import is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Rehoboth Export and Import invokes the right to complain by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Rehoboth Export and Import, unless the parties agree otherwise.
The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a journey, ticket, catering assignment or form of leisure activity
the product is not a loose magazine or newspaper
it does not concern (order for) emergency repairs
the consumer has not waived his right of withdrawal

The reflection period of 14 days as referred to in paragraph 1 starts:

on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first product with a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via info [at] etiopika.com, if desired using the withdrawal form that can be downloaded from the website of Rehoboth Export and Import, www.etiopika.nl.
Download the model form for redrawal via this link.
The consumer is obliged to return the product to Rehoboth Export and Import within 14 days after making his right of withdrawal known, failing these terms will lapse his right of withdrawal.

Reimbursement return costs

If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be charged to the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

Rehoboth Export and Import can invoke its right of retention and in that case keep products of the customer in its possession until the customer has paid all the to be paid invoices with regard to Rehoboth Export and Import, unless the customer has provided sufficient evidence of securing the payment of those costs.
The right of retention also applies under previous agreements from which the customer still owes payments to Rehoboth Export and Import.
Rehoboth Export and Import is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives its right to set off a debt owed to Rehoboth Export and Import against a claim against Rehoboth Export and Import.

Retention of title

Rehoboth Export and Import remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Rehoboth Export and Import, including claims about shortcomings in the fulfillment of the agreement.
Until that time, Rehoboth Export and Import can at all times invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Rehoboth Export and Import invokes its retention of title, the agreement will be deemed dissolved and Rehoboth Export and Import has the right to claim compensation, lost profit and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Rehoboth Export and Import, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or are not paid on time, Rehoboth Export and Import has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against Rehoboth Export and Import.

Delivery time

The delivery times specified by Rehoboth Export and Import are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from Rehoboth Export and Import.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Rehoboth Export and Import is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before accepting or receiving the product. Failing to do so, will indemnifie Rehoboth Export and Import, and cannot be liable or be held accountable for any damage.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Rehoboth Export and Import prior to transport. Failing to do so, will indemnifie Rehoboth Export and Import, and cannot be liable or be held accountable for any damage.

Storage

If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Warranty

The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Indemnification

The customer indemnifies Rehoboth Export and Import against all claims from third parties related to the products and/or services supplied by Rehoboth Export and Import.

Complaints

The customer must examine a product or service provided by Rehoboth Export and Import as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Rehoboth Export and Import of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Rehoboth Export and Import of this within 2 months after discovery of the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that Rehoboth Export and Import is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Rehoboth Export and Import being obliged to perform other work than has been agreed.

Notice of default

The customer must notify Rehoboth Export and Import of default notices in writing.
It is the customer’s responsibility that a notice of default actually reaches Rehoboth Export and Import (on time).

Joint and several liability customer

If Rehoboth Export and Import enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Rehoboth Export and Import under that agreement.

Liability Rehoboth Export and Import

Rehoboth Export and Import is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Rehoboth Export and Import is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
Rehoboth Export and Import is never liable for indirect damage, such as consequential damage, lost profit, missed savings from damage to third parties.
If Rehoboth Export and Import is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or catalog are only indicative and are only approximate estimations and may not result in compensation and/or (partial) dissolution of the agreement.

Expiration period

Any right of the customer to compensation from Rehoboth Export and Import expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

The customer has the right to dissolve the agreement if Rehoboth Export and Import imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Rehoboth Export and Import is not permanently or temporarily impossible, dissolution can only take place after Rehoboth Export and Import is in default.
Rehoboth Export and Import has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Rehoboth Export and Import has taken note of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force majeur

In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Rehoboth Export and Import in the fulfillment of any obligation with regard to the customer cannot be attributed to Rehoboth Export and Import at any of the will of Rehoboth Export and Import independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Rehoboth Export and Import.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Rehoboth Export and Import cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Rehoboth Export and Import can again meet them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Rehoboth Export and Import does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendment of the agreement

If the decision of the agreement for the implementation proves necessary to change the content of the agreement, the parties will automatically and in mutual consultation adapt the agreement to supplement it.

Change of delivery conditions

Rehoboth Export and Import is entitled to change or supplement these delivery conditions.
Changes of minor importance can be made at any time.
Rehoboth Export and Import will discuss major substantive changes with the customer in advance as much as possible.
A consumer is entitled to cancel the agreement in the event of a substantial change in the delivery conditions.

Transfer of rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Rehoboth Export and Import.
This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Rehoboth Export and Import had in mind when drafting the conditions on that point.

Applicable law and competent court

These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
The Dutch court in the district where Rehoboth Export and Import is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Applicability of delivery conditions
These terms and conditions of delivery are applicable since 08 February 2022.