Supracabra is a registered name of RB Pro – General Terms and Conditions

Content:

Article 1  – Definitions

Article 2  – The RB Pro’s identity

Article 3  – Applicability

Article 4  – The offer

Article 5  – The agreement

Article 6  – Right of withdrawal

Article 7  – Consumer’s obligations during the reflection period

Article 8  – Exercising the Consumer’s right of withdrawal and the costs

Article 9  – RB Pro’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guaranty

Article 13 – Delivery and execution

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional provisions or derogations

 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement           and these goods, digital content and/or services are delivered by the     RB Pro or a third party on the basis of an arrangement between this            third party and the RB Pro;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or the RB Pro to store information directed to him/her         personally in such a manner that makes future consultation and use possible           during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. RB Pro: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the RB Pro and the Consumer within the scope of an organised system for distance selling     products, digital content and/or services, whereby exclusive or additional            use is made of one or more technologies of distance communication up to the    conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
  12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the RB Pro being together in the same place at the same time.

 

Article 2 – The RB Pro’s identity

Supracabra is a registered brand name of RB Pro
Contact: www.supracabra.com/contact

RB Pro
Paterswoldseweg 578
9728 BE Groningen, Netherlands
www.rbpro.nl
Contact: www.rbpro.nl/contact
Chamber of Commerce Netherlands registration number (KvK in Dutch): 57340633
Tax registration number: NL200059671B03

If the RB Pro’s activity is subject to a relevant licensing regime: information about the supervising authority;

If the RB Pro practises a regulated profession:

−       the professional association or professional organisation of which he is a     member;

−       the title of his profession, the place in the EU or in the European Economic            Area    where it is awarded;

−       a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these rules of professional   practice           can be accessed.

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the RB Pro and to any distance contract concluded by the RB Pro and the     Consumer.
  2. Before concluding a distance contract, the RB Pro shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the RB Pro shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is   concluded.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer   electronically in such a way that the Consumer can easily store it on a long-  term data carrier. If this is reasonably impossible, it will be specified where     the General Terms and Conditions can be viewed electronically and that they will be sent to at the   Consumer´s request free of charge, either via           electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the            Consumer may always appeal to the applicable provision that is most        favourable to him/her.

 

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable      the Consumer to assess the products, or services and/or digital content           adequately. If the RB Pro makes use of pictures, they are truthful   images of the products and/or services provided. Obvious errors or mistakes            in the offer do not bind the RB Pro.
  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the RB Pro shall promptly confirm receipt of having accepted the offer via electronic       means. As long as the receipt of said acceptance has not been confirmed, the     Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the RB Pro will take appropriate technical and organisational security measures for the electronic   data transfer and ensure a safe web environment. If the Consumer can pay           electronically, the RB Pro shall observe appropriate security measures.
  4. The RB Pro may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors          relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the RB Pro has sound reasons for not             concluding the contract, he is lawfully entitled to refuse an order or request      supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, the RB Pro shall send the following information along with the product, the service or the digital content in writing   or in such manner that the Consumer can store it in an accessible manner on      a long-term data carrier:
    a. the visiting address of the RB Pro´s business establishment where           the Consumer may get into contact with any complaints;
    b. the conditions on which and the manner in which the Consumer may      exercise the right of withdrawal, or, as the case may be, clear information            about his being exempted from the right of withdrawal;
    c. the information corresponding to existing after-sales services and            guarantees;
    d. The price including all taxes of the product, service or digital content,    where applicable the delivery costs and the way of payment, delivery or            implementation of the distance contract;
  6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  7. the standard form for withdrawal if the Consumer has the right of withdrawal.
  8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The RB Pro    may     ask the Consumer about the reason for the withdrawal but cannot force           him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance      and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the                     last product. The RB Pro may refuse an order of several products          with different delivery dates provided that he clearly informs the                         Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him                        received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed                   by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

  1. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier             without giving reasons during at least 14 days. The RB Pro may ask           the Consumer about the reason for the withdrawal but cannot force him to             state his reason(s).
  2. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  1. If the RB Pro has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard           form for withdrawal, the reflection period expires twelve months after the      end of the original reflection period in accordance with the reflection period            determined in the previous sub-clauses of this Article.
  2. If the RB Pro provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the     day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent   necessary for establishing the nature, the characteristics and the effect of the    The guiding principle is that the Consumer may only handle and            inspect the product in the manner in which one is allowed to handle a product             in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than         allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the RB Pro has not provided him with all legal information about the right of          withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the RB Pro unambiguously with the standard form for withdrawal within the      period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) the RB Pro as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.           This need not be done if the RB Pro offered to collect the product The Consumer observed the period of returning the product in any          event if the product is returned before the expiration of the period of           reflection.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with   reasonable and clear instructions given by the RB Pro.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the RB Pro has not reported that the Consumer has to bear these costs or if          the RB Pro pointed out that he will bear the costs himself, the           Consumer need not pay the cost of returning the product.
  6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity            during the period of reflection, the Consumer shall pay the RB Pro an      amount that is equal to the part of the obligation already  performed at   the       time of withdrawal as compared with the full compliance of the
  7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited   volume or quantity, or for the supply of district heating if
    1. the RB Pro has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of                      costs in case of withdrawal or the standard form for withdrawal, or
    2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating                     be started during the period of reflection.
    3. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
    4. prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
    5. he did not acknowledge to lose his right of withdrawal when giving consent; or
    6. the RB Pro failed to confirm the Consumer’s statement.
  8. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

 

Article 9 – RB Pro’s obligations in case of withdrawal

  1. If the RB Pro makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. The RB Pro shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned         product, as soon as possible but within 14 days following the day on which         the Consumer notified him of the withdrawal. Unless the RB Pro offers       to collect the product himself, he can wait with paying back until having  received the product or until the Consumer proved that he returned the    product, whichever occurs first.
  3. The RB Pro shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the RB Pro need not reimburse the   additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

The RB Pro can exclude the following products and services from the right of withdrawal but only if the RB Pro notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the financial market on which the RB Pro has no influence and which may             occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the RB Pro offers products, digital            content and/or services to the Consumer who is personally present or has the       possibility to be personally present at the auction under the direction of an           auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if
  4. the performance started with the Consumer’s explicit prior consent; and
  5. the Consumer stated that he will lose his right of withdrawal as soon as                    the RB Pro has fully performed the agreement.
  6. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential         purposes, goods transports, car rental services and catering;
  7. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
  8. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific       person;
  9. Perishable products or products with a limited durability.
  10. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
  11. Products which for their nature are irreversibly mixed with other products;
  12. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,         and whose real value depends on fluctuations in the market which the   RB Pro cannot affect.
  13. Sealed audio and video recordings and computer programs of which the seals       were broken after delivery;
  14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  15. The delivery of digital content other than on a physical carrier, but only if:          the performance was started with the Consumer’s explicit prior                            consent;
  16. the Consumer stated that he will lose his right of withdrawal by doing                      so.

 

Article 11 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to             changes in VAT rates.
  2. Contrary to the previous paragraph, the RB Pro may offer products or services whose prices are subject to fluctuations in the financial market that        are beyond the RB Pro’s control, at variable prices. The offer will state           the possibility of being subject to fluctuations and the fact that any indicated        prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if the RB Pro has stipulated it and
  5. they are the result of legal regulations or stipulations, or
  6. the Consumer has the authority to cancel the contract before the day on                   which the price increase starts.
  7. All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

  1. The RB Pro guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable    requirements of usability and/or reliability and with the existing statutory           provisions and/or government regulations on the day the contract was         concluded. If agreed, the RB Pro also guarantees that the product is    suitable for other than normal use.
  2. An extra guarantee offered by the RB Pro, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise           against the RB Pro about a failure in the fulfilment of the RB Pro’s           obligations if the RB Pro has failed in the fulfilment of his part of the           agreement.
  3. ‘Extra guarantee’ is taken to mean each obligation by the RB Pro, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally     required in case he           fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

  1. The RB Pro shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the         provision of services.
  2. The place of delivery is at the address given by the Consumer to the RB Pro.
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the RB Pro shall execute accepted orders with    convenient speed but at least within 30 days, unless another delivery period           was agreed on. If the delivery has been delayed, or if an order cannot be    filled or           can be filled only partially, the Consumer shall be informed about this           within one month after ordering. In such cases, the Consumer is entitled to          repudiate the contract free of charge and with the right to possible           compensation.
  4. After repudiation in conformity with the preceding paragraph, the RB Pro shall return the payment made by the Consumer promptly but   at least within 30 days after repudiation.
  5. The risk of loss and/or damage to products will be borne by the RB Pro until the time of delivery to the Consumer or a representative appointed in   advance and made known to the Consumer, unless explicitly agreed           otherwise.

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.       The Consumer may at all times terminate a contract that was concluded for            an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination     rules and subject to not more than one month’s notice.
2.       The Consumer may at all times terminate a contract that was concluded for a         specific time and which extends to the regular delivery of products (including         electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3.       The Consumer can cancel the agreements mentioned in the preceding         paragraphs:
–        at any time and not be limited to termination at a particular time or in a                     given period;
–        at least in the same way as they were concluded by him;
–        at all times with the same notice as the RB Pro stipulated for             himself.
Extension
4.       An agreement concluded for a definite period which extends to the regular            delivery of products (including electricity) or services may not be            automatically extended or renewed for a fixed period.
5.       Notwithstanding the preceding paragraph, a contract for a definite period  which extends to the regular delivery of dailies, newspapers, weekly        newspapers and magazines, may tacitly be renewed for specific period of      three months at the most if the Consumer can terminate this extended        agreement towards the end of the extension with a notice of one month at the             most.
6.       An agreement concluded for a definite period and which extends to the     regular delivery of products or services may only be extended tacitly for an            indefinite period if the Consumer can cancel it at any time with a notice of one   month. The notice is three months at the most in vase the contract is about           a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
7.       An agreement with limited duration of regular delivery of trial dailies,        newspapers, weeklies and magazines (trial or introductory subscription) is not             renewed tacitly and ends automatically after the trial or introductory period.
Duration

  1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more       than one month, unless reasonableness and fairness resist the termination           before the end of the agreed term.

 

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days            after concluding the agreement. In case of an agreement to provide a service,      this period starts on the day that the Consumer received the confirmation of the agreement.
  2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions.           If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
  3. The Consumer has the duty to inform the RB Pro promptly of possible inaccuracies in the payment details that were given or specified.
  4. In case the Consumer has not complied with his payment obligation(s) in time, and the RB Pro has pointed out to him that the payment was late            and allowed the Consumer a period of 14 days to comply with the payment     obligations, the Consumer is to pay the statutory interest on the amount        payable and the RB Pro is entitled to charge the Consumer with any    extrajudicial collection costs. These extrajudicial collection costs amount to no           more than 15% for outstanding amounts up to € 2,500, 10% for the following          € 2,500 and 5% for the following € 5000, with a minimum of € 40. The            RB Pro may deviate from the aforementioned amounts and percentages          in favour of the Consumer.

 

Article 16 – Complaints procedure

  1. The RB Pro shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint            procedure.
  2. Complaints about the performance of the contract shall be submitted fully and clearly described to the RB Pro within a reasonable time after the           Consumer discovered the defects
  3. The complaints submitted to the RB Pro shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable      longer time for handling, the RB Pro shall respond within 14 days with a           notice of receipt and an indication when the Consumer can expect a more detailed reply.
  4. If the complaint cannot be solved in joint consultation within a reasonable

time or within 3 months after submitting the complaint, there will be a dispute       that is open to the dispute settlement rules.

Article 17 – Disputes

  1. Contracts between the RB Pro and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

Article 18 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

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