Terms & conditions Rivièra Maison
Definitions and Applicability
1.1 The following terms will have the stated meaning in these general conditions of sale:
a. Disputes Committee: the Geschillencommissie Thuiswinkel (Home Shopping Board of Arbitration), P.O. Box 90600, 2509 LP The Hague;
b. Customer: any third party who wishes to purchase, or who has already purchased, a product via the shop from Rivièra Maison.
c. Agreement: any contract of sale that is concluded between Rivièra Maison as the seller and the Customer as the purchaser, as well as any amendment and addition thereto;
d. Product: a product that is offered for sale by Rivièra Maison on the Website.
e. Rivièra Maison: the private limited company Rivièra Maison B.V., with registered office at Beiraweg 15, 1047 HN Amsterdam, registered at the Chamber of Commerce under number 34115327;
f. Conditions of Sale: these general conditions of sale of Rivièra Maison.
g. Website: the internet site [www.rivieramaison.com] and all other websites belonging to Rivièra Maison with other URLs that either refer to this website or have a similar content;
1.2 These Conditions of Sale form part of every Agreement and apply to all legal acts of Rivièra Maison and the Customer pursuant to the Agreement.
1.3 Deviations from and/or additions to any provision in an Agreement and/or the Conditions of Sale will only apply if they have been agreed to in writing and will only relate to that specific Agreement.
2. Formation of the Agreement
2.1 Offers and proposals on the website, in brochures and in other advertisements are without obligation and only serve as an invitation to place an order.
2.2 An Agreement will only be concluded once Rivièra Maison has confirmed this after receipt of the Customer’s order to the Customer’s stated e-mail address. If the amount owing by the Customer is not paid in full when the order is placed, the order will be automatically cancelled and no Agreement will be concluded.
2.3 All specifications of measurements and weights and/or other indications of products by Rivièra Maison are made with care. However, Rivièra Maison does not warrant that there will be no discrepancies in this regard. Mistakes such as printing, typesetting or programming errors on the website, in the Rivièra Maison brochure or in other advertisements are not binding on Rivièra Maison. Displayed or provided models or images are non-binding indications of the products concerned.
2.4 Handmade products from the Rivièra Maison collection may differ from the depicted or exhibited samples in terms of measurements, structure, colour and finishing.
3. Prices and Payments
3.1 Unless indicated otherwise, all prices on the website are stated in euros and are ‘Ex Works Aalsmeer’ (Incoterms 2000). Unless stated otherwise, all amounts include VAT but exclude all other government levies and delivery charges.
3.2 The amount due by the Customer must be paid immediately on placement of the order in the manner as indicated on the website.
3.3 Prices are subject to change and to the publication of erroneous prices and models. This also applies to the publication of erroneous prices by third parties. No rights may be derived from this fact.|
3.4 All texts and rates on this website are current until further notice and are under reservation of any typing and printing errors.
4. Delivery Period
4.1 It is not possible to determine an exact delivery date. Deliveries normally take place between 9am and 5pm on business days.
4.2 The Customer will not be entitled to any compensation if the stated delivery period is exceeded. The Customer will likewise not be entitled to terminate the agreement in that case, unless the overrun of the delivery period is longer than 30 weeks after confirmation of the order.
4.3 If performance is impossible because the purchased product is not available, the Customer must be notified thereof as soon as possible and will be entitled to the refund of the amount paid to Rivièra Maison at no cost. The refund will be made as soon as possible and in any case within fourteen days of the notice.
5. Delivery, Transport and Risk
5.1 Delivery will take place at the delivery address indicated by the Customer when placing the order. The delivery method is indicated on the website.
5.2 Products will only be delivered to a Customer’s address that is situated outside the Netherlands if the possibility thereof is expressly mentioned on the website. However, Rivièra Maison will be entitled at any time, and without being obliged to pay any compensation, to determine for any reason after the conclusion of the agreement that delivery cannot be made to the Customer’s address outside the Netherlands. In that case, Rivièra Maison must notify the Customer thereof by e-mail and, if no alternative delivery address can be found, the agreement will be terminated.
5.3 If the delivery address is outside the Netherlands, the Customer will be responsible for the delivery charges, including any turnover tax and import duties that are payable.
5.4 If delivery is not possible due to the situation at the delivery address and/or the size of the product, the following action will be taken in consultation with the Customer:
a. the packaging will be removed and any ensuing damage will be at the Customer’s risk;
b. a new delivery date will be agreed, insofar as it is expected that delivery can then take place with the aid of equipment (such as a ladder lift), in which case the costs of the new delivery, including any rental of additional equipment will be payable by the Customer; or
c. the purchase will be cancelled, in which case the Customer will owe the delivery charges to Rivièra Maison.
5.5 Rivièra Maison, or the third parties that it hires, bear(s) the risk during the transport of the product purchased by the Customer. The risk in relation to the supplied product passes to the Customer at the moment of delivery thereof, or at the moment that can reasonably be regarded as delivery.
5.6 If the Customer does not take delivery of the product, or does not do so in a timely fashion, at the arranged time and place of delivery, he will be in default without the need for any notice of default. In that case, Rivièra Maison will be entitled to store the product at the Customer’s expense and risk. The Customer will remain liable for the purchase price plus interest and costs.
6. Force Majeure and/or Exceptional Circumstances
6.1 Rivièra Maison is not obliged to comply with any obligations towards the Customer if it is prevented from doing so because of a circumstance for which it is not to blame, or is not accountable by law, a legal act or according to generally accepted standards. Circumstances as referred to in the previous sentence include the malfunctioning or limited functioning of Rivièra Maison’s website and e-mail servers and internet traffic disruptions.
7. Product Range
7.1 Rivièra Maison reserves the right to change or remove any product, or part thereof, that is included in its product range.
8. Three-Year Warranty
A warranty on manufacturing defects is given for three years after delivery, provided that a purchase receipt can be produced. As Rivièra Maison’s products are handmade, there may be slight differences in colour, finishing or measurements. Any complaints regarding visible defects should be brought to the carrier’s attention at the time of delivery by making a note on the delivery slip. Complaints regarding hidden defects should be communicated in writing to Rivièra Maison within no more than eight days of delivery.
9. Warranty Conditions
9.1 Until one year after the invoice date: the costs of repair or replacement, including freightage and call-out charges, are payable in full by the company.
9.2 Until three years after the invoice date: the costs of repair or replacement are payable by Rivièra Maison. The freightage and call-out charges up to €100.00 are payable by the purchaser.
9.3 Glass and earthenware breakages are excluded from the warranty, as are wear and tear and defects caused other than by domestic and/or by improper use.
9.4 The purchaser is not entitled to replacement to the extent that the damage can be reasonably repaired.
10. Liability and Indemnity
10.1 Rivièra Maison is only liable for damage of the Customer or third parties that is attributable to its wilful misconduct or gross negligence, or which has arisen because of circumstances for which it bears the risk on the basis of mandatory rules. Rivièra Maison is not liable for consequential damage, trading losses, indirect damage or loss of turnover or profits.
10.2 Rivièra Maison is not liable for any damage or injury of the Customer or third parties resulting from the use of the product (or the packaging), or any breach of its own, its employees or the third parties that it hires.
10.3 Notwithstanding the above, Rivièra Maison’s liability for any damage that it must pay will not exceed the purchase price of the item paid by the Customer.
11. Intellectual Property Rights
11.1 The Customer expressly acknowledges that all intellectual property rights in relation to the products offered by Rivièra Maison, such as copyright and design rights, vest in Rivièra Maison, its suppliers or other rightholders.
11.2 The Customer may not make use of the intellectual property rights as described in this article, such as by way of reproduction, without the express, prior and written consent of Rivièra Maison, its suppliers or other rightholders.
12.1 Dutch law applies exclusively to the Agreement and these Conditions of Sale. The provisions of the Vienna Sales Convention (CISG) are not applicable.
12.2 Disputes between the Customer and Rivièra Maison regarding the conclusion or performance of Agreements may, with due observance of the provisions below, be submitted by both the Customer and Rivièra Maison to the Disputes Committee.
12.3 The Disputes Committee will only deal with a dispute if the Customer has firstly submitted his dispute within a reasonable period to Rivièra Maison.
12.4 The dispute must be submitted in writing to the Disputes Committee within no more than three months of its submission to Rivièra Maison.
12.5 If a Customer wishes to submit a dispute to the Disputes Committee, Rivièra Maison will be bound by this method of dispute resolution. If Rivièra Maison wishes to submit a dispute to the Disputes Committee, the Customer must indicate in writing, within five weeks of a relevant request made by Rivièra Maison, whether he also wishes to do so, or instead wishes to have the dispute heard by the competent court for that purpose. If Rivièra Maison is not informed of the Customer’s choice within the five-week period, it will be entitled to submit the dispute to the competent court.
12.6 The Disputes Committee gives its ruling under the conditions that are set out in its regulations. The rulings of the Dispute Committee are given by way of a binding decision.
13. Terms and Conditions of Offers
13.1 Unless otherwise stated, a maximum of two items per Customer apply to all offers.
13.2 Offers apply as long as stocks last.
13.3 Special offers do not apply in conjunction with other offers.
13.4 Unless otherwise stated, all special offers apply for one day.
14. Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
Rivièra Maison B.V.
1047 HN Amsterdam
Telefon: +31(0)20 723 20 00
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may with-hold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. In case of goods, which by their nature cannot normally be returned by post, the cost is estimated at a maximum of 500 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The right to cancel does not apply to the following kind of contracts: Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised. Contracts for the supply of goods which are liable to deteriorate or expire rapidly. Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
Although this website is maintained with the utmost care, users of this website cannot derive any rights or lay claim to the accuracy and completeness of the content. All product information, prices and dispatch costs are displayed under the express reservation of our right to implement price and other amendments or adjustments to general information, dimensions, product prices and dispatch costs if the displayed information is incorrect or incomplete.