1. Terms and Conditions:

    This agreement was last amended on 10 June 2019.

    Article 1 - Definitions
    The following definitions apply in these terms and conditions:

    Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied 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 make use of his rights of withdrawal;
    Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
    Day: calendar day;
    Digital content: data that is produced and delivered in digital form;
    Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
    Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
    Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
    Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
    Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
    Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Root Children
Email address: info@rootchildren.nl;
Chamber of Commerce number: 74804294
VAT identification number: NL199097045B02

 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer.

 

 

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 6 - Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of a maximum of 14 days, stating the reason (s). The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.


Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the return form or in another unambiguous manner.
Within 14 days, the consumer returns the product or hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.


Article 9 - Obligations of the entrepreneur in case of withdrawal

The entrepreneur reimburses all payments, with the exception of shipping costs, of the consumer, without delay but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

 

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:

Service contracts, after full performance of the service, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Products that spoil quickly or have a limited shelf life.
Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Newspapers, magazines or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a material medium, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.


Article 11 - The price

The prices stated in the range of products or services include VAT.

Article 12 - Compliance with agreement and extra guarantee

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the agreement.
An extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .


Article 13 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, though at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs, without the right to compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Payment

Article 15 - Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid during the conclusion of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the Failure to pay within this 14-day period, owe statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.
Article 15 - Complaints

The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.


Article 16 - Disputes

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

 

Article 17 - Additional or different provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.