Terms of service
Dutch law presides
General Terms and Conditions of CRAQUE/RAR b.v.
The current General Terms and Conditions of Distance Selling ("AVVA") apply to any
online ordering of products and services on the CRAQUE/RAR b.v. website. The Customer must always use the
AVVA before placing an order. Any online order will be considered
be deemed an express and unconditional acceptance of the GTCA. By placing an order with
CRAQUE/RAR b.v., the Customer waives the application of its own general
conditions and acknowledges that he has taken note of the GTC of CRAQUE/RAR b.v. and they
accept unconditionally. The fact that the Customer refers to its own general terms and conditions
does not imply their acceptance by CRAQUE/RAR b.v.
The general conditions below are also applied by all physical CRAQUE/RAR b.v.
shops.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer provides products, digital content
acquires goods and/or services in connection with a distance contract and these goods, digital
content and/or services provided by the operator or by a third party on the basis of
an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person not acting for purposes related to his
trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
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6. Contract for an indefinite period of time: an agreement for the regular delivery of goods, services
and/or digital content for a specified period of time;
7. Durable medium: any device - including e-mail - that the consumer
or entrepreneur to store information addressed to him personally on a
way that future consultation or use for a period of time appropriate to the
purpose for which the information is intended, and that unaltered reproduction of the stored
information possible;
8. Right of withdrawal: the consumer's option to waive the
remote agreement;
9. Trader: the natural or legal person offers (access to) digital content and/or remote services to consumers;
10. Distance contract: an agreement that is concluded between the trader and the consumer
concluded in the context of an organised distance sales system for products,
digital content and/or services, where up to and including the conclusion of the contract exclusively or
co-use of one or more remote communication techniques;
11. Model withdrawal form: the European
model withdrawal form. Annex I need not be made available if the
consumer has no right of withdrawal in respect of his order;
12. Technique for distance communication: means that can be used to conclude a
agreement, without the consumer and entrepreneur having to be in the same room at the same time
gathered.
Article 2 - Identity of the entrepreneur
RAR b.v.
Trading under the name: CRAQUE/RARe Football shirts
Branch address:
Behind the Gilded Armour 3
5211 HL 's-Hertogenbosch
Phone number: 06 45726443
Accessibility:
Monday to Friday from 9 a.m. to 5 p.m.
Email address: rob@rentarob.eu
Chamber of Commerce number: 91695309
VAT number: EN 865740379BO1
IBAN: NL 51 RBRB 8842 1062 83
Article 3 - Applicability
1. These general terms and conditions shall apply to every offer made by the entrepreneur and to every till
distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general
conditions made available to the consumer. If this is not reasonably possible, the
the entrepreneur before the distance contract is concluded, indicate the way in which the
general terms and conditions are available for inspection at the entrepreneur's premises and that they are available at the consumer's request
will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph
and before the distance contract is concluded, the text of these general conditions
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made available to the consumer electronically in such a way that
it can be easily stored by the consumer on a durable
data carrier. If this is not reasonably possible, before the remote agreement is
is concluded, indicate where of the general conditions electronically
may be inspected and that, at the consumer's request, they may be consulted electronically or on
otherwise will be sent free of charge.
4. In case, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs shall apply mutatis mutandis
apply and, in the event of conflicting terms and conditions, consumers may always rely on
the applicable provision most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, it shall be
explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products on offer,
digital content and/or services. The description shall be sufficiently detailed to allow proper
enable the consumer's assessment of the offer. If the entrepreneur uses
uses images, these are a true representation of the offered
products, services and/or digital content. Obvious mistakes or obvious errors in the
offer do not bind the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what the rights and
obligations attached to the acceptance of the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement comes into effect at the time of
consumer's acceptance of the offer and compliance with the
conditions.
2. If the consumer has accepted the offer electronically, the
entrepreneur without delay by electronic means the receipt of the acceptance of the offer.
Until receipt of this acceptance is confirmed by the entrepreneur, the
consumer to dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
organisational measures to secure the electronic transmission of data and ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
observe appropriate safety measures for this purpose.
4. The entrepreneur may - within legal frameworks - ascertain whether the consumer complies with his
payment obligations, as well as of all those facts and factors relevant to
responsible conclusion of the distance contract. If the entrepreneur, based on
this examination has good grounds for not entering into the agreement, he is entitled to
to refuse an order or request or to attach special conditions to the execution of the order or request.
connect.
5. The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the
consumer the following information, in writing or in such a way that it can be accessed by the consumer
can be stored in an accessible manner on a durable medium,
send along:
a. the visiting address of the trader's establishment to which the consumer can address complaints
can turn to;
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b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal
may make use of, or a clear notification regarding being excluded from the
right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service or digital content; to the extent that
applicable, the cost of delivery; and the method of payment, delivery or performance of
the remote agreement;
e. the requirements for terminating the agreement if the agreement has a duration of
more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first
delivery.
Article 6 - Right of withdrawal
By products:
1. The consumer may enter into a contract relating to the purchase of a product during
a reflection period of at least 60 days without giving reasons. The entrepreneur
may ask the consumer about the reason for withdrawal, but may not require him to state his
require reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a prior by the
consumer designated third party, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
trader may, provided that he informs the consumer of this prior to the ordering process on clear
manner about it, an order of multiple products with different
refuse delivery time.
b. if the delivery of a product consists of several consignments or parts: the day
on which the consumer, or a third party designated by him, received the last shipment or the last
part has received;
c. in the case of contracts for regular delivery of products during a specific
period: the day on which the consumer, or a third party designated by the consumer, the first
product received.
In the case of services and digital content not provided on a tangible medium:
3. A consumer may enter into a service contract and a contract for the supply of digital
content not supplied on a tangible medium for at least 60 days without statement
of reasons. The trader may ask the consumer about the reason for withdrawal,
but do not require it to give its reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not on a tangible medium
Delivered for failure to inform about right of withdrawal:
5. If the trader provides the consumer with the legally required information about the right of withdrawal
or has not provided the model withdrawal form, the cooling-off period expires twelve months
after the end of the initial, determined in accordance with the previous paragraphs of this article
reflection time.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
provided within 12 months from the effective date of the original reflection period, expires
the cooling-off period 60 days from the day the consumer received that information.
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Article 7 - Obligations of the consumer during the cooling-off period
1. During the reflection period, the consumer shall handle the product and its packaging with care. He
shall unpack or use the product only to the extent necessary to appreciate the nature, characteristics
and determine the functioning of the product. The guiding principle here is that the consumer should have the
product may only handle and inspect it as he would be allowed to do in a shop.
2. The consumer shall only be liable for depreciation of the product resulting from
of a manner of handling the product beyond that permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur
him before or at the conclusion of the contract all legally required information on the
has provided a right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify this within the withdrawal period
using the model withdrawal form or in any other unambiguous way to the
entrepreneur.
2. As soon as possible, but within 60 days from the day following the notification referred to in paragraph 1,
the consumer returns the product, or hands it over to (an authorised representative of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
consumer has met the return period in any case if he returns the product
before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably
possible in its original condition and packaging, and in accordance with the reasonable
and clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the
consumer.
5. The consumer shall bear the direct cost of returning the product. If the
entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur
indicates to bear the costs himself, the consumer does not have to bear the return costs
wear.
6. If the consumer revokes after having first expressly requested that the performance of the
service or supply of gas, water or electricity not made ready for sale in
a limited volume or certain quantity commences during the cooling-off period, the consumer is the
entrepreneur owes an amount proportionate to that part of the commitment which is
fulfilled by the entrepreneur at the time of withdrawal, compared to the full
fulfilment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or
electricity, not made ready for sale in a limited volume or quantity, or
to supply district heating, if:
a. the trader provides the consumer with the legally required information on the right of withdrawal, the
cost reimbursement for withdrawal or has not provided the model withdrawal form,
or;
b. the consumer does not expressly request the commencement of the performance of the service or supply of
requested gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of non
material carrier delivered digital content, if:
a. he has not expressly consented to the commencement of
fulfilment of the contract before the end of the cooling-off period;
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b. he has not acknowledged losing his right of withdrawal when giving his consent;
or
c. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all additional
agreements by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the trader enables the consumer's notification of withdrawal by electronic means
makes, he shall send an acknowledgement of receipt of this notification without delay upon receipt.
2. The entrepreneur shall refund all payments made by the consumer, including any delivery costs
charged by the entrepreneur for the returned product, without delay but
within 60 days following the day on which the consumer notifies him of the withdrawal. Unless the
entrepreneur offers to collect the product himself, he may wait to refund the product until he has collected the
product or until the consumer proves that he has returned the product,
according to which time falls earlier.
3. The entrepreneur shall use the same means of payment that the consumer has
used, unless the consumer agrees to another method. The refund is free of charge
for consumers.
4. If the consumer has chosen a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method
repay.
Article 10 - Exclusion of right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but
only if the entrepreneur clearly stated this when making the offer, or at least in good time before concluding the
agreement, has stated:
1. Products or services whose price is linked to fluctuations in the financial market
over which the entrepreneur has no control and which may arise within the withdrawal period
occur
2. Contracts concluded at a public auction. A public auction means
means a method of sale in which products, digital content and/or services are sold by the
entrepreneur are offered to the consumer attending in person or the
opportunity to attend the auction in person, led by an auctioneer,
and where the successful bidder is obliged to purchase the products, digital content and/or services
take;
3. Service agreements, after full performance of the service, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal as soon as the trader has received the
executed the agreement in full;
4. Package tours as referred to in Article 7:500 of the Civil Code and passenger transport agreements;
5. Service agreements for provision of accommodation, if in the agreement
a certain date or period of performance is foreseen and other than for residential purposes,
freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if in the agreement a particular
date or period of its implementation is foreseen;
7. Products manufactured according to consumer specifications, which are not prefabricated and
that are manufactured on the basis of an individual choice or decision by the consumer, or that
clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
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9. Sealed products unsuitable for reasons of health protection or hygiene
to be returned and whose seal has been broken after delivery;
10. Products which, after delivery, are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the contract,
but whose delivery can only take place after 30 days, and whose actual value is
depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seals of which are broken after
delivery is broken;
13. Newspapers, periodicals or magazines, excluding subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the offered
products and/or services not increased, except for price changes due to changes
in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are
are linked to fluctuations in the financial market and are beyond the entrepreneur's control
offered with variable prices. This boundedness to fluctuations and the fact that
Any prices quoted are guide prices and are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only
allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
allowed if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the power to terminate the agreement with effect from the day
on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement,
the specifications stated in the offer, to the reasonable requirements of soundness and/or
usability and the
legal provisions and/or government regulations. If agreed, the entrepreneur
also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer
never limits the legal rights and claims the consumer has under the
agreement against the entrepreneur if the entrepreneur is
failed to perform its part of the contract.
3. Additional guarantee means any undertaking by the entrepreneur, his supplier,
importer or manufacturer in which it grants the consumer certain rights or claims
beyond what it is legally obliged to do in the event it has failed to comply with the
fulfilment of its part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the utmost care when receiving
and in the execution of orders for products and in the assessment of requests for
provision of services.
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2. The place of delivery is the address that the consumer has made known to the entrepreneur
made.
3. Subject to what is stated in this respect in Article 4 of these general terms and conditions,
the entrepreneur will accept accepted orders with due speed but at the latest within 30 days.
days, unless another delivery period has been agreed. If the delivery
delay, or if an order cannot or can only partially be fulfilled.
executed, the consumer will receive notification of this no later than 30 days after he placed the order
has notified. In that case, the consumer has the right to cancel the agreement without cost
dissolve and entitled to any damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer paid
has repaid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the
time of delivery to the consumer or to a pre-designated point indicated to the entrepreneur
disclosed representative, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination and renewal
Termination:
1. The consumer may enter into an open-ended contract for the
regular delivery of products (including electricity) or services, at all times
give notice in accordance with termination rules agreed for that purpose and a notice period
of not more than one month.
2. The consumer may enter into a fixed-term contract for the purpose of
regular delivery of products (including electricity) or services, at all times
terminate by the end of the fixed term with due regard to agreed
termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a particular time or in a
given period;
- at least terminate them in the same way as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a definite period of time, the purpose of which is the regular delivery of
products (including electricity) or services, may not be tacitly renewed
or renewed for a certain duration.
5. Notwithstanding the preceding paragraph, an agreement entered into for a definite period that is
extends to the regular delivery of daily news and weekly newspapers and magazines tacitly
be extended for a specified period of up to three months, if the consumer has this
may terminate the extended agreement towards the end of the extension with a notice period
of not more than one month.
6. An agreement entered into for a definite period of time and which extends to the regular delivery of
products or services, may be tacitly renewed for an indefinite period only if the
consumer may cancel at any time with a notice period not exceeding one month. The
notice period is at most three months in case the agreement aims at the regular but
less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery, by way of introduction, of daily,
news and weekly newspapers and magazines (trial or introductory subscription) will not be
tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
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8. If a contract has a duration of more than one year, the consumer may, after one year, change the
agreement at any time with a notice period not exceeding one month, unless the
reasonableness and fairness oppose termination before the end of the agreed term
COMPETENCIES.
Article 15 - Payment
1. Unless otherwise provided in the agreement or additional terms and conditions, the
amounts owed by the consumer to be paid within 14 days of the commencement of
the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of
the agreement. In the case of an agreement to provide a service, this
period starts the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, the consumer may, in general terms and conditions
never be obliged to pay more than 50% in advance. When prepayment is
stipulated, the consumer may not assert any rights regarding the execution of the contract.
relevant order or service(s), before the stipulated advance payment has
occurred.
3. The consumer has a duty to correct inaccuracies in payment details provided or stated
immediately to the entrepreneur.
4. If the consumer fails to meet his payment obligation(s) on time, he shall, after having been informed by
the trader has been made aware of the late payment and the trader has given the consumer a deadline
of 14 days, starting from the day after receipt of the reminder, to still fulfil his obligations.
payment obligations, following the failure to pay within this 14-day period,
owes the statutory interest on the outstanding amount and the entrepreneur is
entitled to charge the extrajudicial collection costs incurred by him. These
Collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the
then €2,500 and 5% over the next €5,000 with a minimum of €40. The
entrepreneur may deviate from the mentioned amounts for the benefit of the consumer and
percentages.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle
the complaint in accordance with this complaints procedure.
2. Complaints on the performance of the agreement must be made within a reasonable time after the
consumer has identified the defects, be submitted fully and clearly described
with the entrepreneur.
3. Complaints submitted to the entrepreneur shall be processed within a period of 14 days from
the date of receipt. If a complaint requires a foreseeably longer processing time
requests, the entrepreneur will respond within the 14-day period with a message
of receipt and an indication of when the consumer may receive a more detailed response
expect.
4. A complaint about a product, service or the entrepreneur's service can also be
submitted via a complaint form on the consumer page of the website of
Craque.shop, www.craque.shop. The complaint is then sent both to the relevant
entrepreneur as sent to Craque.shop.
5. In any case, the consumer must give the entrepreneur 4 weeks to register the complaint in
resolved by mutual agreement. After this period, a dispute arises that is amenable to the
dispute resolution.
Article 17 - Disputes
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1. On agreements between the entrepreneur and the consumer to which these general
conditions relate to, only Dutch law shall apply. If the
entrepreneur focuses its activities on the consumer's country of residence, the consumer can also
always invoke his country's mandatory consumer law.
2. Disputes between the consumer and the entrepreneur about the creation or implementation of
agreements relating to products to be supplied or delivered by this entrepreneur and
services, may, subject to the provisions below, be provided by either the consumer or the
entrepreneur.
3. A dispute will only be considered by the Disputes Committee if the
consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a resolution then the dispute must be resolved no later than 12 months from the date
on which the consumer submitted the complaint to the trader, in writing or in any other form specified by the
Commission shall be brought before the Disputes Committee in a form to be determined.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is
bound to this choice. Preferably, the consumer notifies the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee , the
consumer within five weeks of a written request made by the entrepreneur to that effect,
should express in writing whether it also wishes to do so or have the dispute dealt with
by the competent court for that purpose. Does the entrepreneur not hear the consumer's choice
within the five-week period, then the entrepreneur is entitled to submit the dispute to
the competent court.
7. The Disputes Committee shall rule under the conditions set out in the
Regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/decommissies/
2404/home shop). The decisions of the Disputes Committee are made by way of
of binding advice.
8. The Disputes Committee will not deal with a dispute or will discontinue its handling if the
entrepreneur has been granted suspension of payments, he has become bankrupt or his
actually ceased business activities, before a dispute has been considered by the committee at the hearing
dealt with and a final ruling was issued.
Article 18 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be used to the detriment of the customer.
of the consumer and must be recorded in writing or in such a way that it
can be stored by the consumer in an accessible way on a durable
data carrier.