General Terms and Conditions

These General Terms and Conditions of Rubio Monocoat Nederland have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and shall enter into force on 1 January 2012.

These General Terms and Conditions shall be used by all members of the Dutch Thuiswinkel Organization, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Ongoing transactions: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure, Liability

Article 15 – Disputes

Article 16 – Industry guarantee

Article 17 – Additional or deviating provisions

Article 18 – Amendment of the Thuiswinkel general terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall mean:

• Reflection period: the period within which the consumer may exercise his right of withdrawal;
• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
• Day: calendar day;
• Ongoing transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the reflection period;
• Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and offers products and/or services to consumers at a distance;
• Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time;

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Rubio Monocoat Nederland B.V.
Registered office (No visiting address): Hulswitweg 109, 2031 BG Haarlem
Chamber of Commerce number: 34241923
VAT identification number: NL815324479B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance agreement is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated, before the distance agreement is concluded, where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular
• basic rate for the means of communication used;
• whether the agreement will be archived after conclusion, and if so, in what way it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the information provided by him in connection with the agreement and, if desired, correct it;
• any other languages in which, besides Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance agreement in the case of an ongoing transaction.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions laid down therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

Within statutory frameworks, the entrepreneur may ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled, giving reasons, to refuse an order or request or to attach special conditions to the execution thereof.

The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

• the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• the information on warranties and existing after-sales service;
• the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer shall handle the product and packaging with care. He shall 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 shall return the product, together with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Upon delivery of services:

Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least fourteen days, commencing on the day the agreement is entered into.

To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age rapidly;
• the price of which is subject to 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 of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
• the delivery of which has started with the consumer’s express consent before the reflection period has expired;
• concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

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

Article 10 – Conformity and Warranty

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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Article 11 – Delivery and execution

The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery shall be the address made known by the consumer to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it shall be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing transactions: duration, termination and renewal

Termination

The consumer may terminate at any time an agreement entered into for an indefinite period and which extends to the regular delivery of services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate at any time, at the end of the fixed term, an agreement entered into for a definite period and which extends to the regular delivery of services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or during a specific period;
• at least terminate them in the same way as they were entered into by him;
• always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period and which extends to the regular delivery of services may not be tacitly renewed or extended for a definite period.

Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news newspapers, weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period and which extends to the regular delivery of services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news newspapers, weekly newspapers and magazines.

An agreement of limited duration for the regular introductory delivery of daily newspapers, news newspapers, weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Liability

It is the user’s responsibility to determine through their own testing whether the product is suitable for the chosen application. Rubio Monocoat Nederland B.V. shall under no circumstances be liable for any consequential damage whatsoever.

The above information may be subject to adjustments, which will be announced in updated versions of the technical data sheet. We cannot be held responsible for poor results attributable to causes not related to the quality of the product. This technical information has been drawn up on the basis of current information and knowledge.

The most recent technical data sheets can be requested via info@rubiomonocoat.nl or are available on the website. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

A complaint about a product, service or the entrepreneur’s service may also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organization www.thuiswinkel.org . The complaint will then be sent both to the entrepreneur concerned and to the Dutch Thuiswinkel Organization.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

Only Dutch law shall apply to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of the provisions below, be submitted by either the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP, The Hague (www.sgc.nl).

A dispute shall only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute has arisen.

If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by that choice. If the entrepreneur wishes to do so, the consumer must, within five weeks after a written request to that effect made by the entrepreneur, state in writing whether he also wishes this or whether he wishes the dispute to be handled by the competent court. If the entrepreneur does not learn of the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

The Disputes Committee shall render its decision under the conditions laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee shall be made by way of binding advice.

The Disputes Committee shall not handle a dispute or shall discontinue the handling thereof if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has in fact ceased its business activities before a dispute has been heard by the committee at the hearing and a final decision has been rendered.

If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then for disputes relating mainly to the method of distance selling or service provision, the Thuiswinkel Disputes Committee shall have exclusive jurisdiction. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall be competent.

Article 16 – Industry guarantee

The Dutch Thuiswinkel Organization guarantees compliance by its members with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee shall revive if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount shall be paid by the Dutch Thuiswinkel Organization to the consumer. For amounts greater than €10,000 per binding advice, €10,000 shall be paid out. For the excess, the Dutch Thuiswinkel Organization has a best-efforts obligation to ensure that the member complies with the binding advice.

Application of this guarantee requires that the consumer submit a written appeal to the Dutch Thuiswinkel Organization and that he assigns his claim against the entrepreneur to the Dutch Thuiswinkel Organization. If the claim against the entrepreneur exceeds €10,000, the consumer shall be offered the possibility of assigning his claim, insofar as it exceeds the amount of €10,000, to the Dutch Thuiswinkel Organization, after which this organization shall seek payment thereof in court in its own name and at its own expense for the benefit of the consumer.

Article 17 – Additional or deviating provisions

Additional provisions or provisions deviating 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 by the consumer in an accessible manner on a durable medium.

Article 18 – Amendment of the Thuiswinkel general terms and conditions

The Dutch Thuiswinkel Organization shall not amend these general terms and conditions except in consultation with the Consumers' Association.