GENERAL TERMS AND CONDITIONS RUAN B.V.
Article 1 – Definitions
- Ruan B.V. , having its registered office in Heerhugowaard, the Netherlands, with Chamber of Commerce number 82550794, is referred to in these general terms and conditions as the seller. 2. The other party to the agreement of the Seller shall be referred to in these General Terms and Conditions as the Buyer.
- The parties are the seller and the buyer together.
- The agreement means the contract of sale between the parties.
Article 2 – Applicability of General Terms and Conditions
- These conditions apply to all quotations, offers, agreements and deliveries of products or services by or on behalf of the Seller.
- Deviations from these terms and conditions are only possible if this has been explicitly agreed in writing by the parties.
Article 3 – Commitment
- The buyer will be getting access to the digital products for a duration depending on the product availed which are property of Ruan B.V.
- The duration is measured from the date of commencement, being the date of purchase. 3. Invoices are sent upon request of the Buyer.
Article 4 – Buyer requirements.
Buyer agrees upon giving the required information which is asked by the representatives of Ruan B.V. and states that the information given is a true representation of the reality.
Article 5 – Services.
The services also include the following conditions:
- The buyer has the access to all modules
- Requests should be sent to firstname.lastname@example.org indicating their email address.
Article 6 – Payment
- The full purchase price is always paid directly in the sales page of Ruan B.V. 2. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the Seller’s claims against the Buyer shall become immediately due and payable.
- If the Buyer refuses to cooperate with the seller in carrying out the order, he shall still be obliged to pay the agreed price to the seller.
Article 7 – Offers, quotations and price
- Offers are without obligation, unless a period for acceptance is specified in the offer. If the offer is not accepted within that period, the offer expires.
- Delivery times in offers are indicative; and if exceeded, do not entitle the buyer to dissolution or damages, unless the parties have explicitly agreed otherwise in writing.
- Offers and quotations do not automatically apply to repeat orders. The parties must agree to this explicitly and in writing.
- The price stated on offers, quotations and invoices shall consist of the purchase price including the VAT due and any other government levies.
Article 8 – Right of withdrawal
- After receiving the order, the buyer has the right to cancel the contract within 14 days without giving reasons (right of withdrawal). Buyers must send their cancellation/refund request to email@example.com
2. There is no right of withdrawal when the services have been provided in accordance with these conditions.
- The Buyer shall send a refund request to firstname.lastname@example.org
- Written statements to email@example.com will only be deemed valid if sent by email, less than 14 days after purchase. Other communication methods will not be deemed valid and will be disregarded.
Article 9 – Amendment of the Agreement
- If, during the execution of the agreement, it appears that for a proper execution of the assignment it is necessary to change or supplement the activities to be performed, the parties shall adapt the agreement accordingly in good time and in mutual consultation.
- If the parties agree that the agreement is to be amended or supplemented, this may influence the time of completion of the execution. The seller shall inform the Buyer of this as soon as possible.
- If the amendment of or addition to the Agreement has financial and/or qualitative consequences, Seller shall inform Buyer thereof in writing in advance.
- If the parties have agreed a fixed price, the Seller shall indicate the extent to which the amendment or supplement to the Agreement will result in an increase in that price.
- Contrary to the provisions of the third paragraph of this article, the Seller cannot charge additional costs if the change or supplement is the result of circumstances that can be attributed to him.
Article 10 – Investigations and complaints
- Minor and/or industry standard deviations and differences cannot be held against the Seller. 2. Complaints concerning a particular product do not affect other products or parts of the same agreement.
Article 11 – Delivery
The Buyer shall be obliged to accept the purchased products or services at the time that the Seller delivers them or has them delivered to him, or at the time that these products or services are made available to him in accordance with the agreement.
Article 12 – Force majeure
- If the Seller is unable to fulfill its obligations under the Agreement, or is unable to do so on time or properly, due to force majeure, it shall not be liable for any damage suffered by theBuyer. 2. Force majeure shall in any case be understood to mean any circumstance which the Seller could not take into account at the time of concluding the Agreement and as a result of which the normal performance of the Agreement cannot reasonably be required by the Buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, sit-down strikes, workers’ exclusion, amended government measures, transport difficulties, and other disruptions in the Seller’s business.
- Furthermore, the parties shall understand force majeure to mean the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations vis-à-vis the seller, unless the seller can be blamed for this.
- If a situation as referred to above arises as a result of which the Seller is unable to meet its obligations towards the Buyer, those obligations shall be suspended for as long as the Seller is unable to meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties shall be entitled to dissolve the agreement in writing in full or in part.
- If the force majeure lasts longer than three months, the buyer is entitled to dissolve the contract with immediate effect. Dissolution can only be done by registered letter.
Article 13 – Intellectual property
- Ruan B.V. retains all intellectual property rights (including copyright, patent right, trademark right, drawings and models right, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, pictures, sketches, models, etc., unless the parties have agreed otherwise in writing.
- The Buyer is not allowed to copy (or have copied) said intellectual property rights, to show them to third parties and/or make them available or use them in any other way without Ruan B.V’s prior written permission.
Article 14 – Amendment of general terms and conditions
- Ruan B.V. is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time.
- Ruan B.V. will discuss large changes in content with the buyer beforehand as much as possible. 4. Buyers are entitled to terminate the contract in the event of a substantial change in the general terms and conditions.
Article 15 – Underage buyers
- Any agreement between the parties shall be governed exclusively by Dutch law. 2. If a buyer is a minor, he/she must have permission from his/her legal parent/guardian. 3. Ruan B.V. assumes the consent of his/her legal parent, if the Buyer has purchased the service and may rely on this.
Article 16 – Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law. 2. The Dutch court in the district where Ruan B.V. has its registered office is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the other provisions shall remain in full force.