Warranty
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
Exchange is only possible if the following conditions are met:
exchange takes place within 30 days after purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached to it
the product has not been used
Discounted items, custom made items or specially adapted articles for the customer cannot be exchanged.
Indemnity
The customer indemnifies Royal Rolling Paper against all third-party claims that are related to the products and/or services supplied by Royal Rolling Paper.
Complaints
The customer must examine a product or service provided by Royal Rolling Paper as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Royal Rolling Paper of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Royal Rolling Paper of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Royal Rolling Paper is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Royal Rolling Paper being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Royal Rolling Paper in writing (this can also be by e-mail).
It is the responsibility of the customer that a notice of default actually reaches Royal Rolling Paper (in time).
Joint and several Client liabilities
If Royal Rolling Paper enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Royal Rolling Paper under that agreement.
Liability of Royal Rolling Paper
Royal Rolling Paper is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Royal Rolling Paper is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Royal Rolling Paper is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Royal Rolling Paper is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Royal Rolling Paper shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Royal Rolling Paper imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Royal Rolling Paper is not permanent or temporarily impossible, dissolution can only take place after Royal Rolling Paper is in default.
Royal Rolling Paper has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Royal Rolling Paper good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Royal Rolling Paper in the fulfillment of any obligation to the customer cannot be attributed to Royal Rolling Paper in any situation independent of the will of Royal Rolling Paper, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Royal Rolling Paper.
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Royal Rolling Paper cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Royal Rolling Paper can comply with it.
28.4 From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Royal Rolling Paper does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in the general terms and conditions
Royal Rolling Paper is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Royal Rolling Paper with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Royal Rolling Paper to third parties without the prior written consent of Royal Rolling Paper.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Royal Rolling Paper had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Royal Rolling Paper is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.