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General Terms and Conditions Room Seven BV
Table of contents
3. Prices and information on the Website
12. Force majeure
13. Governing law and competent court
These are the General Terms and Conditions ("Terms") of Room Seven BV ("Room Seven"), a private limited company incorporated under Dutch law. Room Seven is located at Berenkoog 38, 1822 BJ Alkmaar, The Netherlands. E-mail: info(at)roomseven.com. Telephone: +31 72 51 27 552. Registered with the Chamber of Commerce Alkmaar under number 37070635. VAT number: NL8035.32.726B.01.
These Terms shall apply to all purchases and sales agreements entered into by Room Seven and its customers through the regular Room Seven website ("the Website"). By clicking the "Place Order Now" button and checking the "I accept the Terms and Conditions" box on the Checkout screen, you agree to their contents and their applicability to the agreement you enter into with Room Seven. No order can be placed without agreeing to these conditions.
2 . Purchases
2.1 The purchasing process
You can place an order on the Website by clicking on the “Add To Cart” button of all desired items on the website, which will place them in your Shopping Cart. You can then inspect your Shopping Cart and make any changes necessary. At the checkout only one discount code or voucher per order is allowed. Once you find the Shopping Cart corresponding with your wishes, you may click on the “Proceed To Checkout” button, which will generate an electronic order form listing the desired items. Upon completion of the order form, including details of payment, you may click “Place Order Now”, after which you will be transferred to a secure environment to finalize the financial transaction. This will complete your order.
2.2 The sale and purchase agreement
Upon processing your order, the Website will in principle send you an e-mail confirming receipt of your order. The sale and purchase agreement shall be completed from the moment said e-mail is sent. This said agreement shall therefore be deemed as agreed in The Netherlands.
2.3 Refusing a transaction
Room Seven reserves the right to refuse to process a transaction for any reason whatsoever and / or to refuse someone services at any time at its sole discretion.
The Website delivers worldwide, excluding countries where Room Seven has partners with an exclusivity agreement. As of 1/10/2012 these countries are China, South Korea, Japan and Turkey. Orders from these countries are not accepted.
3. Prices and information on the Website
3.1 Listed prices
The prices listed on the website include VAT, but do not include shipping costs. The total price listed on the order list and on the electronic order form is including the shipping cost. All duties and / or local sales taxes are to be borne by the customer. These are not included in the price. Room Seven reserves the right to change prices at any time.
3.2 Price changes after concluded sale and purchase agreement
Changes in prices do not affect the sum payable in a concluded sale and purchase agreement as confirmed by Room Seven by e-mail.
3.3 Information regarding prices, specifications, etc.
Although all information regarding prices, specifications, etc. is placed on the website with the utmost care, Room Seven does not guarantee its accuracy.
3.4 No obligation to deliver in case of incorrect information
Room Seven shall not be bound to deliver any orders that were placed on the basis of incorrect information on the website.
3.5 Information on external websites
Certain links on the website may give access to sites and sources of information that are exploited and maintained by third parties. Room Seven does not control these sites and does not accept any liabilities regarding their contents.
Payment can be made by means of credit cards or alternative methods as are indicated on the electronic order form. By making use of a certain credit card(number) you confirm that the credit card that is being used is yours. The amount payable will be debited from your account when your order is accepted by Room Seven. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Room Seven, we shall postpone delivery and contact you. In that case Room Seven shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (secured socket layer) connection. Room Seven shall not be liable for any misuse of this data by third parties.
5.1 Delivery period
Room Seven shall do her utmost to deliver all purchases within the period indicated on the Website. Room Seven however is dependent on suppliers in this respect. As a result, all times indicated on the Website are indicative. Room Seven shall not be liable in any way if delivery takes place at a later date. Exceeding the term of delivery and/or exceeding the term of thirty days after placement of the order, shall not automatically place Room Seven in default.
5.2 Delivery of your purchase
Within the Netherlands your order will be delivered by PostNL. When your purchase order will be delivered outside The Netherlands, it will be delivered by UPS.
When you have placed your order on Monday to Friday before 4 p.m., your purchase order will be processed the same day. If you place your order after 4 p.m. (except on Friday), it will be processed the next day. Orders placed on Friday after 4 p.m. and during the weekend will be processed on Monday.
PostNL will try up to two times to deliver your purchase order and will ask for your signature at delivery. When these deliverances are not successful, you will receive a message in your mailbox with the request to pick up the parcel at the nearest PostNL pickup point. This is possible up until three weeks after the final try for deliverance. In case the parcel will not be picked up the purchase order will be sent in return.
UPS will try three times to deliver your purchase order. When these deliverances are not successful, you will receive a message in your mailbox with the request to contact UPS to make an appointment for the deliverance. This is possible until five days after the third try for deliverance. In case there has been no contact with UPS the purchase order will be sent in return.
(For more information, please see Shipping)
5.3 Insurance of your shipment
All items are insured by Room Seven until they have been delivered at your address. Any complaints regarding the state in which goods have been delivered (including missing labels and tags) must be made to Room Seven no later than two working days upon receipt of the goods by e-mail or telephone (E-mail: info(at)roomseven.com, telephone: +31 72 51 27 552).
In case your shipment is not delivered within 14 days after it should have reached you according to our timetable, Room Seven will have the courier conduct an investigation of the status of your shipment. Only after the outcome of this investigation, Room Seven may refund the value of your order. Such refund will be made if Room Seven or the courier is to blame for not receiving your order.
6.1 Cancel, change or return the order
For technical reasons we can not change an order after it is placed.
You can however cancel your order wholly. At the day of ordering before 4 p.m., please call our Customer Service at +31 72 51 27 552 (office hours GMT+1) and tell us which order you want to cancel. If your order has already been shipped (day of ordering after 4 p.m), you can not cancel your order or part of your order anymore.
All goods purchased from Room Seven may be returned, with or without reason, within 14 days following receipt of the product. To be eligible for a refund the article must be returned in the condition in which it was delivered including the original labels and tags attached to the article. After removing the labels and / or tags and start using the product, you can no longer claim that the product does not comply with the agreement. Items that have been damaged by wear or fit can not be returned, repaired, or wholly or partially reimbursed. All returned items will be inspected upon entry.
For quick processing of the return, it is important that you fill out the enclosed return form and return it together with the product in the original box, or other rigid packaging. Seal the box with tape tightly. Upon delivery of your order a pre-printed return label was included. Stick the label on the outside of the package and bring the package to the post office or other shipper. Our return address is:
Room Seven BV
P/a CB Fashion
5705 CL Helmond
Upon receipt of the product in its original condition and after having approved the return, the sale and purchase agreement between client and Room Seven is terminated immediately. All correctly returned products for which a refund is requested will be refunded to the credit card, bank or PayPal account of the original purchaser.
The procedure for the return of orders from countries other than The Netherlands are made in the same manner as described above.
6.2 Costs of returns
The costs of returns are not reimbursed by Room Seven. If the costs of the return shipment are not fully covered, Room Seven will not accept the return, whatever the reason for the return may be.
6.3 Refund period
After receipt of the returned products, Room Seven will refund the money paid within 14 days to the credit card, bank or PayPal account. Banks, credit card companies and PayPal handle payments on their own conditions. That is why it may take longer before the money will actually be refunded to your account. Room Seven can not be held responsible.
6.4 Responsibility for return shipment
Room Seven is not responsible for your return shipment. As sender of the shipment, you are responsible for the actual delivery to our return shipment address. You must deliver the return package in correct fashion to the post office or other shipper. If it cannot be established that a return shipment that has gone missing was transferred to the post office in the correct way, Room Seven shall not be obligated to refund the product. We also recommend to use a safe, traceable shipping method and to insure the package, since you are responsible for damage to or loss of the goods until they reach our warehouse. Room Seven can in no way be held responsible for the loss or damaged packages or articles returned
7.1 Guarantee and warranty
Room Seven guarantees that the delivered goods meet the usual demands and standards that can be made, and that the items are free of defects. Your invoice or sales receipt is your proof regarding the warranty. In the unlikely event that during normal use a product becomes defective, it will be replaced, repaired or credited by Room Seven at no charge, within a reasonable time, such at the sole discretion of Room Seven. The warranty covers manufacturing and / or material defects. Upon claiming any guarantee, it is recommended to contact us first via info(at)roomseven.com or at +31 72 51 27 552, so that we can determine how to proceed.
7.2 No warranty
The above warranty does not apply if the defect is the result of improper or inappropriate use or when, without written permission of Room Seven, you or third parties have made changes to the goods or have used them for purposes for which the goods are not intended. Also normal wear and tear is not covered by the warranty, or if damage is caused by nature, human or animal.
7.3 Legal warranty
The relevant provisions in these Terms of guarantee do not affect your warranty rights under the law, all in accordance with these Terms and in the agreement, including the nature and quality of what was sold to you and delivered.
Room Seven respects your privacy. The information provided by you via the Website is used only to process your order and to inform you about Room Seven and her products.
Room Seven's liability towards buyer is limited to the amount of the purchase. Room Seven is not liable for loss of profits or loss of goodwill or any other consequential damages.
The copying, publishing, photocopying, reproducing or other use of text and/or image material is forbidden without permission in writing from Room Seven. We will take legal action in the case of any such violations.
If you have any complaints or if you are dissatisfied about certain issues, please do not hesitate to contact us by email via info(at)roomseven.com or by phone +31 72 51 27 552. This must be done within 14 calendar days following the day you have discovered or should reasonably have discovered the reason to file the complaint.
12. Force majeure
12.1 In the event of force majeure Room Seven has the right to suspend all her obligations under the sale and purchase agreement. An event of force majeure includes strikes, breakdowns, sickness or import/export bans at Room Seven or at third parties engaged by Room Seven.
12.2 In the event it is clear that the period of force majeure will last longer than two months, either of the parties has the right to dissolve the sale and purchase agreement without having the obligation to pay any damages.
13. Governing law and competent court
The Terms and all transactions are governed by Dutch law. Any and all dispute relating to a sale and purchase agreement to which these Terms apply shall be submitted solely to the competent court of Alkmaar, The Netherlands, unless Room Seven chooses to submit the dispute to the competent court in the domicile of buyer.