Terms & Conditions

Article 1 - Definitions in these terms and conditions, the following definitions shall apply:

Grace period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;

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 entrepreneur to store information addressed to him personally in a way 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: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur 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;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: SINCHI ROCA

Email address: support@sinchiroca.com

Chamber of Commerce (NL) number: 77573641, VAT ID number: NL003210214B82

Article 3 - Applicability

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

If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. 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 mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

The offer contains a complete and accurate description of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

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

The price including taxes;

The possible costs of shipment;

The manner in which the agreement will be concluded and which actions are necessary for this;

Whether or not the right of withdrawal applies;

The method of payment, delivery and performance of the agreement;

The period for accepting the offer, or the period within which the trader guarantees the price;

The amount of the rate of 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 its conclusion and, if so, the manner in which it can be consulted by the consumer;

The manner in which the consumer, before concluding the agreement, can check and, if desired, rectify the data provided by him in the context of the agreement;

The possible other languages in which, besides Dutch, the agreement can be concluded;

The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;

The minimum duration of the distance contract in case of an extended transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions thereby stipulated. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier: a. The visiting address of the Entrepreneur's office where the Consumer may get into contact for any complaints; b. The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. The information on guarantees and existing after-sales service; d. The details included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these details before the implementation of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 30 days of receiving the product. The consumer should make this known by means of a written message/email. After the consumer has expressed his wish to make use of his right of withdrawal, he must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.

If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer's right of withdrawal for certain products and services, provided he clearly states this in the offer and this happens before the contract is concluded. Exclusion of the right of withdrawal is only possible for products and services that:

Are custom-made according to the consumer's specifications; b. Are personal in nature and cannot be returned; c. May spoil or age quickly; d. Are subject to fluctuations on the financial market that are beyond the entrepreneur's control; e. Are loose newspapers, magazines or products with a seal that the consumer has broken; f. Are hygienic products of which the consumer has broken the seal; g. Are services that have already started with the express consent of the consumer before the cooling-off period has expired; h. Relate to accommodation, transport, restaurant or leisure activities and are delivered on a specific date or time.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

They are the result of legal regulations or stipulations; b. The consumer is authorised to cancel the contract as of the day on which the price increase takes effect.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement and the specifications as stated in the offer. Also, the products and/or services meet the reasonable requirements of reliability and usability, and the legal provisions and government regulations applicable on the date of conclusion of the agreement.

If specific agreements have been made regarding the use of the product for purposes other than normal use, the entrepreneur also guarantees that the product is suitable for these other purposes.

Any guarantees provided by the entrepreneur, manufacturer or importer do not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 30 days after delivery. When returning the products, this should be done in the original packaging and in new condition.

The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, it is important to note that the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply in the following cases:

If the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

If the delivered products have been exposed to abnormal conditions or otherwise carelessly treated, or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

If the inadequacy is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and executing product orders. The place of delivery is the address made known to the company by the consumer.

Accepted orders will be carried out expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed and the consumer has agreed to this.

If delivery is delayed or if an order cannot or can only be partially carried out, the consumer will be informed of this within 30 days of placing the order at the latest. In that case, the consumer has the right to dissolve the agreement without costs and to claim any damages. In case of dissolution, the entrepreneur will refund the amount paid as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. With replacement articles, the right of withdrawal cannot be excluded.

The costs of any return shipment shall be borne by the entrepreneur.

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 otherwise agreed.

Article 12 - Duration transactions: duration, termination and extension

Termination:

An open-ended contract that extends to the regular delivery of products (including electricity) or services may be terminated by the consumer at any time subject to the agreed termination rules and a notice period not exceeding one month.

A fixed-term contract that extends to the regular supply of products (including electricity) or services may be terminated at any time towards the end of the fixed term in accordance with the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the said agreements at any time and is not limited to termination at a specific time or in a specific period.

The termination can take place in the same way as the agreement was entered into.

The notice period for the consumer is equal to the notice period stipulated by the entrepreneur for himself.

Extension:

A fixed-term agreement for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

A fixed-term agreement that extends to the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum term of three months, provided that the consumer can terminate this extended agreement towards the end of the extension with a notice period not exceeding one month.

A fixed-term contract that extends to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months if the contract extends to the regular supply of products or services but less than once a month.

Article 13 - Payment

Unless otherwise agreed, the amounts due should be paid by the consumer within 7 working days after the start of the reflection period, as referred to in

article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer is obliged to immediately report inaccuracies in the payment details provided or mentioned to the entrepreneur.

If the consumer defaults on payment, the entrepreneur retains the right, subject to legal restrictions, to charge the reasonable costs that have been made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

The entrepreneur will answer the complaint submitted to him within a period of 14 days after receiving the complaint.

If the complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If the complaint is found to be well-founded by the entrepreneur, the entrepreneur, at his discretion, has the option to replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer, to which these general conditions apply, only Dutch law applies, even if the consumer resides abroad.