General terms and conditions

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 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviating provisions
Article 18 - Promotion conditions

Additional agreement:
An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, whereby these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.

Reflection period:
The period within which the consumer can exercise his right of withdrawal.

Consumer:
The natural person who is acting for purposes which are outside his trade, business, craft or profession.

Day:
A calendar day.

Digital content:
Data produced and supplied in digital form.

Long-term agreement:
An agreement that provides for the regular delivery of goods, services and/or digital content over a specified period.

Durable data carrier:
Any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information (such as e-mail).

Right of withdrawal:
The consumer's right to cancel a distance contract within the cooling-off period.

Entrepreneur:
The natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.

Distance contract:
An agreement between the entrepreneur and the consumer that is concluded within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication.

Model withdrawal form:
The European model withdrawal form as included in Appendix I of these terms and conditions. Appendix I does not have to be provided if the consumer does not have a right of withdrawal for his order.

Remote communication technology:
A means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same room at the same time.

RubyGator

Dwarsweg 49
3959AE Overberg

Email address: info@rubygator.com
Chamber of Commerce number: 89257170
VAT number: NL004709035B95

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, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

1. 1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. If the agreement is concluded electronically, the consumer agrees to receive electronic newsletters about promotions and holidays.
5. The entrepreneur may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

1. The consumer can dissolve an agreement regarding the purchase of a product in the original packaging during a reflection period of up to 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
5. in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.

1. If the consumer exercises his right of withdrawal, he must make this known to the entrepreneur within the cooling-off period, for example by completing the model withdrawal form or in another unambiguous manner.
2. The consumer must return or hand over the product to the entrepreneur or his authorized representative as soon as possible, but in any case within 14 days after notification of withdrawal. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has met the return period if he returns the product before the cooling-off period has expired.
3. The consumer must return the product, if reasonably possible, with all supplied accessories, in original condition and packaging, and according to the reasonable and clear instructions of the entrepreneur.
4. The risk and burden of proof for a correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product, unless the entrepreneur has indicated otherwise or assumes the costs himself.
6. When the consumer exercises his right of withdrawal, all additional agreements are automatically terminated.
7. For orders placed in combination with promotions, such as 'Buy X and get Y free', the value of the free product will be deducted upon revocation. This means that if the consumer returns one or more products and the total order amount falls below the required X value, the sales price of Y will be deducted from the returned products.

1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 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 with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

1. The entrepreneur will handle receiving and executing product orders and assessing requests for services with the utmost care.
2. The address provided by the consumer is considered the place of delivery.
3. In compliance with the provisions of article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge.
4. In the event of termination in accordance with the above, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage or loss of products lies with the entrepreneur until the moment of delivery to the consumer or to a representative designated by the consumer and made known to the entrepreneur, unless otherwise agreed.
6. The entrepreneur provides the consumer with a Track & Trace code for the shipment by e-mail. It is the consumer's responsibility to track the shipment. If the delivery attempts are unsuccessful, the package will be taken to a PostNL/DPD or DHL collection point. If the package is not collected and returned to the entrepreneur, and the customer still wants to receive the order, shipping costs will be charged again.

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) in time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed 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 next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer.

The entrepreneur uses a well-communicated complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted by the consumer to the entrepreneur fully and clearly within a reasonable period after discovering the defects.

Complaints submitted will be answered within 14 days of receipt. If a complaint requires more time to process, the entrepreneur will send a confirmation of receipt within those 14 days and indicate when the consumer can expect a more extensive answer.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute may arise that falls under the dispute settlement procedure.

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Additional provisions or deviations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in a manner that the consumer can easily store on a durable data carrier.

Orders placed under the principle of: "Buy X and get Y free" can only be cancelled if both items are still in their original packaging.

No claim can be made for price changes of current offers, nor can a claim be made for a previously shown price.

Withdrawal form