Terms and conditions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period during which the consumer can make use of their right of withdrawal; read everything about the cooling-off period.

2. Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Long-term transaction: a distance contract related to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

5. Durable data carrier: any tool that enables the consumer or the entrepreneur to store information directed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the consumer’s option to waive the distance agreement during the cooling-off period;

7. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions that the consumer can fill in if they wish to withdraw from the agreement.

8. Entrepreneur: the natural or legal person offering products and services to consumers at a distance;

9. Distance contract: an agreement organized by the entrepreneur within the framework of a system for the sale of products and/or services at a distance, up to and including the conclusion of the agreement, solely through the use of one or more techniques of distance communication;

10. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur being in the same place at the same time;

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Rainday ART B.V.
van Lenneplaan 90
3768XL Soest
Netherlands
Email: info@rainday.art
Chamber of Commerce (KVK) number: 94767696

Article 3 – Applicability

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

2. 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 distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be electronically inspected and that they will be sent to the consumer free of charge electronically or in some other way upon the consumer’s request.

4. In case that besides these general terms and conditions also specific product or service conditions apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable condition that is most favorable to him in case of conflicting general terms and conditions.

5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or annulled, the agreement and these terms and conditions remain in force and the relevant provision will be immediately replaced by a provision that approaches the scope of the original as much as possible in mutual consultation.

6. Situations not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

7. Ambiguities about the explanation or content of one or more provisions of our conditions should be explained “in the spirit” of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

4. All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

6. Every offer will contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

– the price including taxes;
– any shipping costs;
– the way in which the agreement will be concluded and which actions this will require;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
– 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 chosen means of communication;
– whether the agreement will be filed after conclusion, and if so how the consumer can consult it;
– the way in which the consumer, before concluding the agreement, can check and, if desired, restore the information provided by him under the agreement;
– any other languages in which, in addition to Dutch, the agreement can be concluded;
– the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and

7. For products or services that have a fixed duration, the provision in the previous paragraph applies by analogy, but the report of this during the offer will clear state the minimum duration.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of said acceptance has not been confirmed by the entrepreneur, the consumer can repudiate the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take suitable technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

4. The entrepreneur can notify or check, within the legal framework, whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If the entrepreneur based on research, has good reasons not to enter into the agreement, he is entitled to motivate and to refuse an order or request.

5. The entrepreneur will send the following information along with the products or services, written or in such a manner that the consumer can store in an accessible way the information on a durable data carrier:

– the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
– the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– the information on guarantees and existing after-sales service;
– the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the agreement;
– the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

Article 6 – Right of Withdrawal

When delivering products:

1. When purchasing products, the consumer has the option of dissolving the agreement without giving any reason during 14 days. This cooling-off period starts on the day after receiving the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.

2. During the cooling-off period, the consumer will treat the product and the packaging carefully. He will only unpack or use the product to the extent that it is necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When providing services:

3. When providing services, the consumer has the option of dissolving the agreement without giving any reason during at least 14 days, starting on the day of entering into the agreement.

4. To exercise the right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, he will have to pay at most the costs of returning the product.

2. If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but at the latest within 14 days after the repeal or dissolution.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.

1. Exclusion of the right of withdrawal is only possible for the following products:

– which are established by the entrepreneur according to specifications of the consumer;
– that are clearly personal in nature;
– which cannot be returned because of their nature;
– that can spoil or age quickly;
– whose price is subject to fluctuations on the financial market on 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.

2. Exclusion of the right of withdrawal is only possible for the following services:

3. Exclusion of the right of withdrawal is only possible for the following services:

– concerning accommodation, if in the agreement a specific date or period of implementation is provided;
– concerning leisure activities, if in the agreement a specific date or period of implementation is provided;
– concerning products that are manufactured according to the consumer’s specifications, which are not prefabricated, and which are produced on the basis of an individual choice or decision of the consumer, or which are intended for an individual.
– concerning products that can spoil or age quickly;
– concerning alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market on which the entrepreneur has no influence;
– concerning sealed audio and video recordings and computer software of which the consumer has broken the seal.

4. Exclusion of the right of withdrawal is only possible for the following services:

– concerning accommodation, transport, restaurant business or leisure activities on a specific date or during a specific period;
– whose delivery has begun with the express consent of the consumer before the consideration period has expired;
– concerning bets and lotteries.

Article 9 – The Price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased save for price changes due to changing VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. The offer will state the possibility of price changes and the fact that any stated prices are target prices.

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

4. Price increases from 3 months after the conclusion

of the agreement are only permitted if the entrepreneur has stipulated it and:
– they are the result of legal regulations or provisions; or
– the consumer has the competence to cancel the agreement as of the day on which the price increase takes effect.

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

Article 10 – Conformity and Guarantee

1. The entrepreneur ensures that the products and/or services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usability and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur about the agreement.

3. Any defects or wrongly delivered products should be reported to the entrepreneur within 4 weeks after delivery. The consumer can contact the entrepreneur about these complaints using the contact information from article 1.

4. If the entrepreneur acknowledges a complaint, the entrepreneur will make a replacement for the delivered products or services.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the best possible care when booking and when executing product orders and when assessing applications for the provision of services.

2. The place of delivery is at the address given by the consumer to the company.

3. With due observance of the stipulations in article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than within 30 days unless a longer delivery period was agreed.

4. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within one month after the order was placed. In such cases, the consumer has the right to repudiate the contract free of charge and the right to be compensated for any loss.

5. In case of repudiation in accordance with the preceding paragraph, the entrepreneur will pay back the consumer the sum paid as soon as possible but at the latest within 30 days after repudiation.

6. If the delivery of an ordered product proves to be impossible, the entrepreneur will strive to make available a replacement product. At least before the delivery, it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out in case of replacement products. The costs of a possible return shipment are for the account of the entrepreneur.

7. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless this has explicitly been agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Duration

1. The consumer can repudiate an agreement that has been concluded for an indefinite time and which extends to the regular delivery of products (electricity included) or services, at any time subject to the agreed termination rules and a notice of at most one month.

2. The consumer can repudiate an agreement that has been concluded for a definite time and which extends to the regular delivery of products (electricity included) or services at any time at the end of the definite period subject to the agreed termination rules and a notice of at most one month.

3. The consumer can at all times terminate an agreement that has been concluded for a definite time and which extends to the regular delivery of products (electricity included) or services at the end of the definite period subject to the agreed termination rules and a notice of at most one month.

4. An agreement concluded for a definite time and which extends to the regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.

5. Contrary to the preceding paragraph an agreement that has been concluded for a definite time and which extends to the regular delivery of dailies, news and weekly papers and magazines may be extended automatically for a specified duration of three months.

6. An agreement which has been concluded for a definite time and which extends to the regular delivery of products or services, may only be automatically extended for an indefinite duration if the consumer at any time can terminate with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular delivery, but less than one time per month, of dailies, news and weekly papers and magazines.

7. An agreement which has been concluded for a definite time and which extends to the regular delivery of dailies, news and weekly papers and magazines (trial and introductory subscription) will not be automatically extended and will automatically terminate at the end of the trial or introductory period.

Termination

8. The consumer can terminate at any time an agreement which has been concluded for a definite time and which extends to the regular delivery of products or services at the end of the definite period subject to the agreed rules of termination and a notice of at most one month.

9. The consumer can terminate at any time an agreement that has been concluded for a definite time and which extends to the regular delivery of products or services at the end of the definite period subject to the agreed rules of termination and a notice of at most one month.

10. The consumer can terminate the agreements in the previous 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 are entered into by him;
– at all times with the same notice as the company has stipulated for itself.

Extension

11. An agreement which has been concluded for a definite time and which extends to the regular delivery of products or services may only be automatically extended for an indefinite duration if the consumer at any time can terminate with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular delivery of dailies, news and weekly papers and magazines but less than once a month.

12. An agreement which has been concluded for a definite time and which extends to the regular delivery of dailies, news and weekly papers and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

13. An agreement which has been concluded for a definite time and which extends to the regular delivery of products or services may only be automatically extended for an indefinite duration if the consumer at any time can terminate with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular delivery, but less than one time per month, of dailies, news and weekly papers and magazines.

14. An agreement that has been concluded for a definite time and which extends to the regular delivery of dailies, news and weekly papers and magazines (a trial and introductory subscription) will not be automatically extended and will automatically terminate at the end of the trial or introductory period.

Duration

1. 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

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

2. The consumer has a duty to report inaccuracies in provided or stated payment details to the entrepreneur immediately.

3. In the event of consumer default, the entrepreneur has the right to charge the reasonable costs, unless statutory limitations apply, which have been communicated in advance to the consumer.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is open to the dispute settlement procedure.

5. In case of complaints, the consumer must first turn to the entrepreneur. If the web store is affiliated with the WebwinkelKeur foundation and complaints that cannot be resolved in mutual consultation should be submitted to the WebwinkelKeur foundation (www.webwinkelkeur.nl), which will mediate for free. Check whether this web store has an ongoing membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not found, the consumer has the possibility to have his complaint handled by the independently appointed disputes committee, the decision of which is binding for both the entrepreneur and the consumer. There is a fee for submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).

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

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products at its option, free of charge.

Article 15 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions 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.