General Terms and Conditions of Roger Trading B.V.
Last updated April 19, 2023
In these terms and conditions, the following definitions shall apply:
Cooling off period: the period within which the consumer can exercise his right to cancel the purchase;
Consumer: the natural person who is not acting in the exercise of profession or business and enters into a Distance Agreement with Roger Trading B.V.;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or Roger Trading B.V. to store information addressed to him personally in a manner that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: Roger Trading B.V.
Distance Agreement: an Agreement under which, within the framework of a system organized by Roger Trading B.V. for distance selling of products and/or services, up to and including the conclusion of the Agreement exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and Roger Trading B.V. have come together simultaneously in the same room.
Roger Trading B.V. (rogertrading.com)
Validly represented by Mr. Roger Oonk or Mr. E. Oonk
7311 DE Apeldoorn
Chamber of Commerce number: 76894762
VAT number: NL860829662B01
- These general conditions apply to every offer of Roger Trading B.V. and to every distance agreement concluded between Roger Trading B.V. and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. This is done by publishing these terms and conditions on the website where the distance contract is concluded.
- In case specific product or service conditions apply in addition to these general conditions, the consumer will be made aware of this and these specific product or service conditions will prevail.
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. Although all images are for illustration purposes only and the delivered product may therefore differ from the images shown Roger Trading B.V. will make every effort to publish a true representation of the products and / or services offered on its website. Obvious mistakes or obvious errors in the offer shall not bind Roger Trading B.V..
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the cost of delivery, if any;
- The manner in which the agreement will be established and what actions are required for that purpose;
- Whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which Roger Trading B.V. guarantees the price;
- Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
- the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
- If the consumer has accepted the offer electronically, Roger Trading B.V. shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Roger Trading B.V., the consumer may dissolve the Agreement.
- If the Agreement is concluded electronically, Roger Trading B.V. shall take appropriate technical and organizational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, Roger Trading B.V. will observe appropriate security measures for this purpose.
- Roger Trading B.V. may – within legal frameworks – inform itself whether the consumer can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If Roger Trading B.V. on the basis of this investigation has good grounds not to enter into the Agreement, it shall be entitled to refuse an order or application with reasons or to attach special conditions to the implementation.
- Roger Trading B.V. has published the following information belonging to the product or service to consumers on its website, consumers should familiarize themselves with it before entering into the Agreement:
- the visiting address of the branch of Roger Trading B.V. where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, for products for which the right of withdrawal does not apply, this is clearly stated;
- the information on warranties and existing after-purchase service;
- the information contained in Article 4 paragraph 3 of these conditions;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
On delivery of products:
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day of receipt of the product by the consumer or a previously designated by the consumer and made known to Roger Trading B.V. representative of the consumer.
- During the cooling-off period, the consumer will handle the product and packaging with care. He shall only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Roger Trading B.V., in accordance with the reasonable and clear instructions provided by Roger Trading B.V.. Once consumer has taken the product into use, the right of withdrawal can no longer be exercised.
- When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least fourteen days, starting from the day of entering into the agreement, if the service has not yet started.
- If the service has already started, and the consumer still wants to exercise the right of withdrawal, this is only possible if it is still reasonably possible to terminate the service at that time. In that case, at least the costs already incurred by Roger Trading B.V. up to the moment of making known the wish to dissolve the Agreement on the basis of the right of withdrawal, as well as any costs that can no longer be avoided, shall be borne by the Consumer.
- To make use of his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by Roger Trading B.V. in the offer and / or at the latest on delivery in this regard.
- In addition to this article applies what is stated on the website of Roger Trading B.V. on the page on which the return policy is set out, insofar as relevant with regard to the right of withdrawal.
- If the consumer exercises his right of withdrawal, the cost of return shipment shall be borne by him.
- If the consumer has paid an amount, Roger Trading B.V. will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
- Possibly the consumer has benefited from free shipping on their order, due to reaching the minimum order value for free delivery, then after returning an item the consumer may no longer be entitled to free shipping because this has caused the order value to drop below the free delivery amount. In this case, the shipping costs incurred will be deducted from the return amount.
- Optional, and therefore avoidable costs, including, but not limited to, insurance premiums for insured transportation, charges for payment methods when free payment methods are also available, will not be refunded.
- Roger Trading B.V. may exclude the consumer’s right of withdrawal subject to the provisions of paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal shall apply only if Roger Trading B.V. has clearly stated this in the offer, at least in good time before the conclusion of the Agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been brought about by Roger Trading B.V. in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- Exclusion of the right of withdrawal is only possible for services: whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- which are listed in article 4 of our return policy;
- Since the right of withdrawal refers to distance buying, the right of withdrawal is therefore self-evident and explicitly not applicable if the consumer comes to pick up the goods at Roger Trading’s business location since at that time the consumer has the opportunity to check whether the goods meet the offer made and his or her expectations.
- 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 due to changes in VAT rates.
- Notwithstanding the previous paragraph, Roger Trading B.V. may offer products or services whose prices are subject to fluctuations in the financial market and on which Roger Trading B.V. has no influence, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the Agreement are only allowed if Roger Trading B.V. has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
- the prices mentioned in the offer of products or services include VAT.
- Roger Trading B.V. warrants that the products and / or services meet the Agreement, the specifications listed in the offer, the reasonable requirements of soundness and / or usability and on the date of the conclusion of the Agreement existing legal provisions and / or government regulations.
- A warranty provided by the manufacturer or importer does not affect the legal rights and claims that the consumer under the Agreement against Roger Trading B.V. can assert.
- The warranty period on repairs performed by Roger Trading B.V. is 14 days, and applies only if all, for the repair in question, by Roger Trading advised activities and parts to be replaced by the consumer are approved. The warranty, of course, only applies when the same defect is involved. The warranty on the repair expires if, after repair by Roger Trading, the consumer has allowed himself or a third party to tinker with the repaired.
- All warranty, complaint and return handling is offered by Roger Trading B.V. as a carry-in service. This means that the customer is responsible for the transportation, and any associated costs, to the Roger Trading B.V. location of the goods or vehicle(s) on which the customer wishes to claim warranty or return because of a complaint or otherwise.
- Roger Trading B.V. will take the utmost care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has made known to Roger Trading B.V..
- Subject to what is stated in article 4 of these general conditions, Roger Trading B.V. will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the consumer has the right to dissolve the agreement without cost.
- In case of dissolution in accordance with the previous paragraph, Roger Trading B.V. will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product proves impossible, Roger Trading B.V. will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal.
- The risk of damage, loss, fire, theft and water damage of products during shipment/transport, from the moment that the order leaves the warehouse of Roger Trading B.V. until the moment of delivery to the consumer or a previously designated and to Roger Trading B.V. made known representative of the consumer, lies with the consumer unless expressly agreed otherwise.
- Roger Trading B.V. offers with each order made on its website, as standard, an insurance that provides full coverage for the transport risks mentioned in article 11 paragraph 6, against the then current and clearly stated price surcharge in the offer. Consumer is obviously under no obligation to use this service.
- As a rule, for the delivery of the orders that consumers make to Roger Trading, an external party such as DHL, PostNL, DPD etc. will be used. The parties agree that a delivery notification from the external party engaged by Roger Trading for the delivery of the order, via the track & trace information communicated by this party via the Internet, serves as conclusive and binding proof that the order has been delivered.
- If the consumer has purchased insurance as described in Article 11, paragraph 7, the consumer must report any defects, damages or defects within 24 hours of receiving the order. This 24-hour period shall commence on the date and time of the delivery notification as made by the external party delivering the order on behalf of Roger Trading, in accordance with the provisions of article 11 paragraph 8.
- Unless otherwise agreed upon, the amounts owed by the consumer for the delivery of goods must be paid in advance, as part of the ordering process. In the case of an agreement to provide a service, the consumer shall pay all amounts due immediately upon delivery of the service.
- The consumer has the duty to inaccuracies in payment data provided or stated to report immediately to Roger Trading B.V..
- In case of non-payment of the consumer Roger Trading B.V. has, subject to legal restrictions, the right to charge the related costs.
- Roger Trading B.V. has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the Agreement must be submitted within a reasonable time, fully and clearly described in writing to Roger Trading B.V., after the consumer has found the defects.
- Complaints submitted to Roger Trading B.V. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Roger Trading B.V. will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
Additional or different provisions from these general terms and conditions will be recorded in writing and clearly communicated to the consumer via this website in such a way that they can be easily stored by the consumer on a durable data carrier.
- If Roger Trading B.V. has a due and payable claim on the consumer, it may exercise the right of retention on all the consumer’s goods in its possession for all that is or will become due to it under the Agreement, plus extrajudicial costs. If the consumer has not paid all due claims within 30 days, Roger Trading B.V. is free to do with the goods as it wishes. The consumer shall never have the right of retention in respect of goods of Roger Trading B.V.
- The Consumer shall not be permitted to set off any claim of Roger Trading B.V. against him.
- The consumer is not permitted to transfer any right under the Agreement to a third party without the prior written consent of Roger Trading B.V..
- On Agreements between Roger Trading B.V. and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
- Roger Trading supplies goods to consumers and businesses. The customer is ultimately responsible in this regard, and among other things, must assess for himself whether he can successfully assemble the purchased items, as applicable. The entrepreneur shall never be liable for problems arising from or after the assembly of the purchased products. Such as, but not limited to:
- In the event that Roger Trading B.V. must perform a repair on a consumer’s vehicle that requires an employee of Roger Trading B.V. to test drive the vehicle, Roger Trading B.V. shall not be liable for traffic fines related to non-regulatory modifications to the vehicle, such as but not limited to:
- non-regulatory lighting items on the vehicle
- excessive vehicle capacity (souped-up vehicle), speed fines resulting from this are also the responsibility of the consumer
Roger Trading B.V. may update or change its Terms and Conditions of Sale and Delivery at any time at our sole discretion, when we do so we will also update the ‘Last Updated Date’ at the top of this page on our Terms and Conditions of Sale and Delivery. Therefore, check this page regularly.