Terms and Conditions

  • Article 1 – Definitions

    In these general terms and conditions, the following terms are defined as:

    • Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
    • Consumer: a natural person acting outside the scope of any professional or commercial activity who concludes a distance contract with the professional;
    • Day: calendar day;
    • Contract for successive performance: a distance contract concerning a series of products and/or services where delivery and/or reception obligations are staggered over time;
    • Durable medium: any instrument allowing the consumer or professional to store information personally addressed to them, so that it can be consulted later for a period appropriate to the purpose of the information, and allowing unchanged reproduction of the stored information;
    • Right of withdrawal: the possibility for the consumer to renounce the distance contract during the reflection period;
    • Professional (or entrepreneur): a natural or legal person offering products and/or services to consumers at a distance;
    • Distance contract: any contract concluded in the context of a system organized by the professional for distance sale of products and/or services, where exclusively one or more means of distance communication are used until the conclusion of the contract;
    • Means of distance communication: any means that can be used to conclude a contract without the consumer and professional being physically present in the same location;
    • General Terms and Conditions: these General Terms and Conditions of the professional.

    Article 2 – Identity of the Professional

    • Company Name: Riley Sydney
    • Chamber of Commerce Number: 93124880
    • Trade Name: Riley Sydney
    • VAT Number: NL004998627B60
    • Customer Service (email): info@rileysydney.com
    • Head Office Address: Smidsteeg 2, 5708XL Helmond, Netherlands

    Article 3 – Scope

    These General Terms and Conditions apply to any offer made by the professional and to any distance contract concluded between the professional and the consumer.

    Before concluding a distance contract, the text of these General Terms and Conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before concluding the contract, where and how the terms can be consulted with the professional, and that they will be sent free of charge to the consumer upon request.

    If the distance contract is concluded electronically, the text of these General Terms and Conditions may, as an exception to the previous paragraph and before conclusion of the contract, be made available to the consumer electronically, so that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.

    If, in addition to these General Terms and Conditions, specific conditions apply to a product or service, the second and third paragraphs apply in the same manner, and in case of contradiction, the consumer may always invoke the most favorable provision.

    If one or more provisions of these General Terms and Conditions are null or void in whole or in part, the contract and these terms remain in effect for the rest, and the concerned provision shall be replaced, by mutual agreement, with a provision whose spirit most closely resembles the initial provision.

    Situations not provided for in these General Terms and Conditions shall be interpreted “in the spirit” of these terms.

    Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted “in the spirit” of these General Terms and Conditions.

    Article 4 – The Offer

    If an offer has a limited validity period or is subject to certain conditions, this will be explicitly stated in the offer.

    The offer is non-binding. The professional reserves the right to modify and adapt the offer.

    The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to correctly evaluate the offer. If the professional uses images, they faithfully reflect the products and/or services offered. Obvious errors or mistakes in the offer do not bind the professional.

    All images, specifications, and data contained in the offer are purely indicative and cannot give rise to compensation or contract termination.

    Product images faithfully reflect the items offered. However, the professional cannot guarantee that the displayed colors exactly match the real product colors.

    Each offer contains clear information on the rights and obligations attached to its acceptance, including:

    • the price (excluding customs fees and import VAT). These additional costs are the responsibility and risk of the client. Postal or courier services will apply special rules for postal and courier shipments. This applies when goods are imported into the destination country in the EU. The service will collect VAT (and any customs fees, if applicable) from the recipient;
    • any shipping costs;
    • how the contract will be concluded and the steps required;
    • any mention of the right of withdrawal or its exclusion;
    • the method of payment, delivery, and performance of the contract;
    • the acceptance period of the offer or the period during which the professional guarantees the price;
    • the cost of using a distance communication method, if different from the standard rate;
    • how the contract will be archived after conclusion and the consumer’s access to it;
    • how the consumer can verify and, if necessary, correct the data provided before conclusion;
    • the languages available, besides Dutch, for concluding the contract;
    • the codes of conduct applicable to the professional and how the consumer can consult them electronically;
    • the minimum duration of a distance contract for successive performance;
    • and, if applicable, available sizes, colors, and types of materials.

    Article 5 – The Contract

    Subject to the provisions of Article 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions stipulated therein.

    If the consumer accepts the offer electronically, the professional immediately confirms receipt of this acceptance electronically. Until this confirmation is received, the consumer may terminate the contract.

    If the contract is concluded electronically, the professional takes appropriate technical and organizational measures to secure the electronic data transfer and ensures a safe web environment. If electronic payment is possible, the professional will implement adequate security measures.

    The professional may, within legal limits, verify if the consumer is able to fulfill payment obligations, as well as all relevant facts for responsible conclusion of the distance contract. If the professional has good reason based on this verification, they may refuse an order or impose specific conditions.

    The professional provides the consumer with, alongside the product or service, the following information in writing or on a durable medium:

    • the address of the professional’s establishment for complaints;
    • conditions and procedures to exercise the right of withdrawal, or mention of its exclusion;
    • warranty and after-sales service information;
    • the data mentioned in Article 4, paragraph 3, unless already provided;
    • termination conditions if the contract exceeds one year or is indefinite.

    For successive performance contracts, this applies only to the first delivery.

    Each contract is subject to the condition of sufficient product availability.

    Article 6 – Right of Withdrawal

    When purchasing products, the consumer has a period of 30 days to terminate the contract without stating any reason. This reflection period starts the day after the consumer, or a representative designated in advance by the consumer and communicated to the professional, receives the product.

    During the reflection period, the consumer shall handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If exercising the right of withdrawal, the consumer shall return the product, including all delivered accessories, and, as far as possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the professional.

    To exercise the right of withdrawal, the consumer must inform the professional within 30 days after receiving the product, either by written message or email. After notifying the intention to withdraw, the consumer must return the product within 30 days. Proof that the goods were returned on time to the original address, which may include direct return to our supplier in China, must be provided. This proof can, for example, be a shipping receipt.

    If, at the end of the periods mentioned above, the consumer has not indicated their intention to withdraw or has not returned the product, the purchase will be considered final.

    Article 7 – Costs in Case of Withdrawal

    If the consumer exercises the right of withdrawal, all costs of returning the products are entirely at their expense. This includes any potential return costs to the country of origin, i.e., to our supplier in China.

    If the consumer has already paid an amount, the professional will refund it as soon as possible, no later than 30 days after the withdrawal, provided that the product has been returned or proof of return has been fully provided.

    Article 8 – Exclusion of the Right of Withdrawal

    The professional may exclude the consumer’s right of withdrawal for products mentioned in paragraphs 2 and 3. The exclusion is valid only if clearly indicated in the offer, or at least before the contract is concluded.

    Exclusion is only possible for products that are:

    • manufactured by the professional according to the consumer’s specifications;
    • clearly personalized or of a personal nature;
    • by nature cannot be returned;
    • likely to deteriorate or expire rapidly;
    • prices dependent on market fluctuations beyond the professional’s control;
    • individual newspapers and magazines;
    • audio or video recordings, as well as computer software whose seal has been broken by the consumer;
    • hygiene products whose seal has been broken by the consumer.

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

    • related to accommodation, transport, catering, or leisure to be performed on a specific date or during a specified period;
    • whose performance has started with the express agreement of the consumer before the end of the reflection period;
    • concerning betting and lotteries.

    Article 9 – Price

    During the validity period indicated in the offer, prices of products and/or services will not be increased, except for changes in VAT rates.

    As an exception, the professional may offer products or services with prices dependent on financial market fluctuations beyond their control, at variable prices. This dependency and the indicative nature of the prices will be specified in the offer.

    Price increases within three months after concluding the contract are only permitted if due to legal or regulatory provisions.
    Price increases after three months are permitted only if stipulated by the professional and:

    • result from legal or regulatory provisions, or
    • the consumer has the right to terminate the contract from the effective date of the increase.

    The place of delivery, pursuant to Article 5, paragraph 1, of the Dutch VAT Act 1968, is where transport begins. In this case, delivery occurs outside the EU. Import VAT or customs fees will be collected from the buyer by postal or courier services. Therefore, no VAT will be charged by the professional.

    All prices are subject to typographical errors or printing mistakes. No liability is assumed for the consequences of such errors, and the professional is not obliged to deliver at the incorrect price.

    Article 10 – Conformity and Warranty

    The professional guarantees that the products and/or services comply with the contract, specifications in the offer, reasonable requirements of quality and/or usability, and applicable laws at the time of the contract. If agreed, the professional also guarantees that the product is suitable for a use other than normally intended.

    A warranty provided by the professional, manufacturer, or importer does not affect the consumer’s statutory rights under the contract.

    Defects or incorrectly delivered products must be reported in writing within 30 days of delivery. Products must be returned in original packaging and in a new condition.

    The warranty period corresponds to the manufacturer’s warranty. The professional cannot guarantee suitability for every specific consumer use or advice given about product application.

    The warranty does not apply if:

    • the consumer repaired or modified the products themselves, or had them repaired/modified by a third party;
    • the products were exposed to abnormal conditions, mishandled, or used contrary to instructions;
    • the defect arises wholly or partly from public regulations affecting material quality or nature.

    Article 11 – Delivery and Execution

    The professional will exercise utmost care in receiving and executing product orders.

    The delivery location is the address provided by the consumer.

    Subject to Article 4, the professional will execute accepted orders as soon as possible, no later than 30 days, unless the consumer has accepted a longer delivery period. In case of delay or partial inability to deliver, the consumer will be informed within 30 days of order date. The consumer may then terminate the contract without cost and claim possible compensation.

    If termination occurs, the professional will refund the consumer as soon as possible, no later than 30 days after termination.

    If delivery of a product is impossible, the professional will make every effort to offer a replacement. The replacement will clearly be indicated at delivery. Withdrawal rights cannot be excluded for replacements; any return costs are borne by the professional.

    The risk of damage or loss of products rests with the professional until delivery to the consumer or a designated representative, unless explicitly agreed otherwise.

    Article 12 – Successive Performance Contracts: Duration, Termination, and Renewal

    Termination:

    The consumer may terminate a contract of indefinite duration or fixed duration with regular delivery of products or services, subject to agreed termination rules and a maximum one-month notice.

    Trial or introductory contracts for newspapers, publications, or magazines end automatically after the trial period.

    Renewal:

    Fixed-duration contracts for regular deliveries cannot be tacitly renewed. Exceptions exist for newspapers and publications (maximum three months).

    If a fixed-duration contract is for regular product or service delivery, tacit renewal is allowed only if the consumer can terminate anytime with one-month notice (or three months for infrequent delivery).

    Duration:

    Contracts longer than one year can be terminated anytime after one year, with a maximum one-month notice, unless fairness opposes early termination.

    Article 13 – Payment

    Unless otherwise agreed, payments are due within 7 business days after the start of the withdrawal period. For service contracts, this period begins after confirmation of the contract.

    The consumer must immediately report any inaccuracies in payment details.

    If the consumer fails to pay, the professional may charge reasonable fees previously communicated, within legal limits.

    Article 14 – Complaint Procedure

    Complaints about contract execution must be submitted fully and clearly within 7 days after detecting defects.

    Complaints are processed within 30 days. If more time is needed, the consumer will receive acknowledgment within 30 days with an expected response date.

    If amicable resolution is impossible, a dispute may be eligible for alternative dispute resolution.

    Complaints do not suspend the professional’s obligations unless explicitly stated in writing.

    If the complaint is justified, the professional will replace or repair the product free of charge, at their discretion.

    Article 15 – Disputes

    Contracts between the professional and consumer governed by these terms are exclusively subject to Dutch law, even if the consumer resides abroad.


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