Terms and Conditions
General terms and conditions for Reviewclub Deals
Table of Contents:
Article 1 - Definitions
Article 2 - Legal entity
Article 3 - Application
Article 4 - The offer
Article 5 - The agreement
Article 6 - Cancellation rights
Article 7 - Customer obligations during cooling-off period
Article 8 - Exercising cancellation rights by the customer and the cost of doing this
Article 9 - Obligations of the company on cancellation
Article 10 - Exclusion of cancellation rights
Article 11 - Price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and fulfilment
Article 14 - Payment
Article 15 - Complaints handling
Article 16 - Disputes
Article 17 - Additional provisions or variations
Article 18 - Restrictions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a distance selling agreement and these goods, digital content and/or services are provided by the company or by a third party on the basis of an agreement between that third party and the company;
- Cooling-off period: the period during which the customer can exercise their right of cancellation;
- Customer: the natural person who is not acting for purposes relating to commerce, business, trade or professional activity;
- Day: calendar day;
- Digital content: information created and delivered in electronic form;
- Standing order: An agreement for regular delivery of goods, services and/or digital content over a specified period;
- Permanent data storage device: any means - including email - that enables the customer or company to store information intended for them, in a way which allows for future retrieval or use over a period matching the purpose for which the information is intended, and for that information to be reproduced in its original form.
- Cancellation rights: the option for the customer to cancel the distance-selling agreement within the cooling-off period;
- Company: the natural or legal person offering products, (access to) digital content and/or services to customers in a distance selling agreement;
- Distance selling agreement: an agreement concluded between the company and the customer within the framework of an organised system for distance selling of products, digital content and/or services, where one or more means for communicating at a distance are used up to the point where the agreement is concluded.
- Standard cancellation form: an electronic version of the cancellation form can be found on the website;
- Means for communicating at a distance: means which can be used for concluding an agreement, without the customer and company having to be together in the same place at the same time.
Article 2 - Legal entity
Reviewclub Deals is a division of Stars and Stories Nederland BV:
Stars and Stories Nederland BV
2222 AN Katwijk aan Zee
Telephone: +31 (0) 85 - 0160148
Opening times: Monday to Friday: 8.30am - 5pm
Chamber of Commerce: 61733210
Article 3 - Application
- These general terms and conditions apply to any offer made by the company and to any distance selling agreement established between the company and the customer.
- Before the distance selling agreement is concluded, the text of these general terms and conditions will be provided to the customer. If this is not reasonably possible, the company shall indicate, before the distance selling agreement is concluded, how the company’s general terms and conditions can be obtained and that they will be sent as soon as possible at the customer’s request, free of charge.
- If the distance selling agreement is concluded electronically, by way of derogation from the preceding paragraph, and before the distance selling agreement is concluded, the text of these general terms and conditions can be provided electronically to the customer in such way that the customer can save them easily to a permanent data storage device. If this is not reasonably possible, it will be indicated, before the distance selling agreement is concluded, where the general conditions can be found electronically, and that they will be sent on request by the customer free of charge by electronic means or otherwise.
- 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 conditions, the customer can always invoke the provision which applies most favorably.
Article 4 - The offer
- If an offer is valid for a limited period only, or is subject to conditions, this will be stated explicitly in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to allow the customer to assess the offer fully. If the company uses images, these are a true reflection of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer are not binding on the company.
- Each offer includes such information that makes it clear to the customer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the point the customer accepts the offer and fulfils the corresponding conditions.
- If the customer has accepted the offer electronically, the company will immediately acknowledge receipt of acceptance of the offer electronically. The customer can cancel the agreement, as long as receipt of this acceptance has not been acknowledged by the company.
- If the agreement is created electronically, the company will take appropriate technical and organisational action to make electronic transfer of data secure, and will ensure a secure internet environment. If the customer can pay electronically, the company will observe appropriate security measures.
- The company can check, within statutory guidelines, whether a customer can meet their payment obligations, as well as any facts or factors that are important for concluding the distance selling contract properly. If on the basis of these checks the company has good grounds not to enter into the agreement, it is reasonably entitled to decline an order or enquiry, or to attach special conditions to fulfilling it.
- The company shall send the following information, no later than upon delivery of the product, service or digital content, in writing or in such form that it can be stored by the customer in a retrievable format on a data storage device:
- the physical address of the company office where the customer can send complaints;
- the conditions under which and the manner in which the customer can exercise the right to cancel, or a clear statement regarding exclusion of the right to cancel;
- information on warranties and available after sales service;
- the price of the product, service or digital content, including all taxes; delivery charges, if applicable; and the method of payment, delivery or fulfilment for the distance selling agreement;
- requirements for cancelling the agreement if the agreement lasts more than one year or is open-ended;
- if the customer has a right to cancel, the standard cancellation form.
- In the case of a standing order, the provision in the preceding paragraph applies only to the first delivery.
Article 6 - Cancellation rights
- The customer has a cooling-off period of at least 14 days in which to cancel an agreement to purchase a product, without giving any reason. The company may ask the customer the reason for cancellation, but not oblige him to state the reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
- if the customer ordered several products in the same order: the day on which the customer, or a third party designated by them, received the final product. The company may, provided it has clearly notified the customer prior to the ordering process, decline an order for several products with different delivery times.
- if delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by them, received the last shipment or the last part;
- for contracts for regular delivery of products over a certain period: the day on which the customer, or a third party designated by them, received the first product.
For services and digital content that is not delivered on a storage medium:
- The customer has at least 14 days in which to cancel a service agreement, or an agreement for the supply of digital content that has not been delivered on a storage medium, without giving a reason. The company may ask the customer the reason for cancellation, but not oblige them to state the reason(s).
- The cooling-off period referred to in paragraph 3 starts on the day following conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not been delivered on a storage medium, when not informed about the right to cancel:
- If the company has not provided the customer with the statutory information about the right to cancel, or the standard cancellation form, the cooling-off period will expire twelve months following the original cooling-off period, determined according to the preceding paragraphs in this article.
- If the company has provided the customer with the information referred to in the preceding paragraph within twelve months of the original cooling-off period starting, the cooling-off period will expire 14 days after the day on which the customer has received this information.
Article 7 – Customer obligations during cooling-off period
- The customer shall handle the product and packaging carefully during the cooling-off period. They shall only unpack or use the product to the extent necessary for determining the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as they would be allowed to do in a shop.
- The customer is only liable for any reduction in the value of a product which results from handling the product in a manner that exceeds that allowed in paragraph 1.
- The customer is not liable for the reduction in the value of a product if the company has failed to provide any statutory information about the right to cancel, prior to or on concluding the agreement.
Article 8 – Exercising cancellation rights by the customer and the costs for doing this
- If the customer invokes the right to cancel, they shall notify the company during the cooling-off period by means of the standard cancellation form or in an unequivocal manner.
- The customer shall return the product as soon as possible, but within 14 days from the day following notification as referred to in paragraph 1, or hand it over to (an authorised representative of) the company. This is not necessary if the company has offered to collect the product. In either case, the customer has complied with the period for return if they return the product before the cooling-off period has expired.
- The customer shall return the product with all accessories, if reasonably possible in its original condition and packaging, and in accordance with any reasonable and clear instructions provided by the company.
- The risk and burden of proof for correct and timely exercise of the right to cancel lies with the customer.
- The customer shall bear all direct costs for returning the product. If the company has not advised that the customer must bear these costs, or if the company indicates it will bear the costs, the customer does not have to bear the costs for return.
- The customer shall bear no costs for full or partial delivery of digital content not supplied on a storage medium if:
- they have not, prior to delivery, expressly consented to the agreement commencing before the end of the cooling-off period;
- they have not acknowledged losing the right to cancel when giving consent; or
- the company has failed to obtain this statement from the customer.
- If the customer invokes the right to cancel, all additional agreements will be cancelled automatically.
Article 9 – Obligations of the company on cancellation
- If the company makes it possible for the customer to notify cancellation electronically, it will send an acknowledgement immediately on receipt of this notification.
- The company shall use the same payment method for the refund that the customer used, unless the customer agrees to another method. The refund is free of charge for the customer.
- If the customer has chosen a more expensive delivery service than the lowest-cost standard delivery, the company does not have to refund the additional costs for the more expensive service.
Article 10 – Exclusions from cancellation rights
The company may exclude the following products and services from the right to cancel, but only if the company has stated this clearly in the offer, at least in good time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market, over which the company has no influence and which can occur during the cooling-off period;
- Agreements that are concluded during a public auction. A public auction is taken to mean a sales method where products, digital content and/or services are offered by the company to a customer who is present at the auction in person, or who is given the opportunity to be present in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after the service has been fully provided, but only if:
- provision has started with the express prior consent of the customer; and
- the customer has acknowledged they will lose the right to cancel as soon as the company has carried out the agreement in full;
- Service agreements for providing accommodation, if a certain date or period of provision is provided for in the agreement, and other than for residential purposes, freight transport, car rental services and catering;
- Agreements concerning leisure activities, if a certain date or period of provision is provided for in the agreement;
- Products manufactured to the customer's specifications which are not prefabricated and which are manufactured on the basis of a personal choice or decision by the customer or which are clearly intended for a specific person;
- Products that go off quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable for returning, where the seal has been broken after delivery;
- Products that, after delivery, are irreversibly mixed up with other products after delivery;
- Alcoholic beverages where the price has been agreed when concluding the agreement, but where delivery can only take place after 30 days, and where the actual value depends on fluctuations in the market over which the company has no influence;
- Sealed audio and video recordings, and computer software, where the seal has been broken after delivery;
- Newspapers, journals or magazines, with the exception of subscriptions to these;
- Delivery of digital content other than on a storage medium, but only if:
- delivery has started with the express prior consent of the customer; and
- the customer has acknowledged they lose the right to cancel at this point;
Article 11 – Price
- During the period referred to in the offer, prices for the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- In derogation from the preceding paragraph, the company can offer products or services whose prices are subject to fluctuations in the financial market, and where the company has no influence, with prices which vary. This link to fluctuations, and the fact that any prices referred to are target prices, are stated in the offer.
- Price increases within 3 months of concluding the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases after 3 months from concluding the agreement are only allowed if the company has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the customer has the power to cancel the agreement with effect from the day on which the price increase takes effect.
- Prices stated in the product or service offer include VAT.
Article 12 – Compliance and extra warranty
- The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of robustness and/or usability and the legal provisions and/or government regulations in force on the date of concluding the agreement. If agreed, the company also guarantees that the product is suitable for other than normal use.
- Any additional guarantee provided by the company, its supplier, manufacturer or importer never restricts the legal rights and claims that the customer can enforce against the company under the agreement if the company has failed to fulfil its side of the agreement.
- Additional guarantee is taken to mean any obligation on the company, its supplier, importer or manufacturer where it assigns certain rights or claims to the customer that go beyond what is legally required in the event that it has failed to fulfil its side of the agreement.
Article 13 – Delivery and fulfilment
- The company will take the greatest possible care when fulfilling orders for products and when assessing applications for the provision of services.
- Delivery location is as advised to the company by the customer.
- With due regard to what is stated in article 4 of these general terms and conditions, the company will fulfil accepted orders expeditiously but no later than within 30 days, unless another delivery time has been agreed. If delivery is delayed, or if an order cannot, or only partially, be fulfilled, the customer will receive notification no later than 30 days after placing the order. In this event, the customer has the right to cancel the agreement without penalty as well as the right to compensation.
- Following cancellation in accordance with the preceding paragraph, the company will immediately refund the amount paid by the customer.
- The risk of damage to and/or loss of products remains with the company until the point of delivery to the customer or a designated representative notified in advance to the company, unless expressly agreed otherwise.
Article 14 – Payment
- Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the customer must be paid within 14 days of the commencement date, or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the event of an agreement to provide a service, this period starts on the day after the customer has received confirmation of the agreement.
- When selling products to customers, the customer may never be obliged by the general terms and conditions to pay more than 50% in advance. If payment in advance is required, the customer cannot assert any rights regarding fulfilment of the order or service(s), before the required advance payment has been made.
- The customer has an obligation to report without delay any inaccuracies in payment details provided or stated by the company.
- If the customer does not fulfil the payment obligation(s) on time, after being advised by the company of the late payment, and the company has allowed the customer an extension of 14 days to fulfil the payment obligation, and the customer has failed to pay within this 14-day extension, then they are liable for paying statutory interest on the amount owed, and the company is entitled to charge any out of court collection costs incurred. These collection costs shall amount to no more than: 15% on amounts outstanding up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The company may deviate from the aforementioned amounts and percentages in favour of the customer.
Article 15 – Complaints handling
- The company has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure. 2. Complaints concerning fulfilling the agreement must be submitted in full and clearly described to the company within a reasonable time after the customer has discovered any defect.
- Complaints submitted to the company will be answered within a period of 14 days of receipt. If a complaint foreseeably requires more time for processing, the company will respond within the 14 day period with a notice of receipt and an indication when the customer can expect a more detailed answer.
- If a complaint cannot be resolved by mutual agreement within a reasonable time or within 3 months of submitting the complaint, a dispute arises that is subject to the dispute settlement rules.
Article 16 – Disputes
- Dutch law applies exclusively to agreements between the company and the customer covered by these general terms and conditions.
Article 17 – Additional provisions or variations
- Additional provisions, or ones deviating from these general terms and conditions, may not be to the detriment of the customer and must be recorded in writing or in such way that they can be stored by the customer in a retrievable form on a physical storage medium.
Article 18 – Restrictions
- Reselling products on other platforms is prohibited and the wrong use of this policy may result in blocking the user's account or restricting access to our online store. Also, no products will be sent and a refund will be made if this is the case.