1.1 The terms and conditions (hereafter called: conditions) are applicable on all offers, orders and agreements from Raffi & Co B.V. (Raffi).
1.2 Accepting an offer or placing an order implies that you accept the applicability of these conditions.
1.3 Deviations from these conditions are only respected when Raffi has agreed upon these deviations in writing.
1.4 All other terms of these conditions will remain effective should one or more of the terms be nullified and/or be made invalid. By mutual arrangement, Raffi and the client will then form new terms to replace those nullified and/or made invalid, as much as possible following the implied purpose of the term(s) in question.
1.5 These conditions respect consumer rights as stipulated by law (or from the sales agreement).
2.1 All offers on the Raffi shops are noncommittal and Raffi reserves the right to modify prices, especially when necessary because of legal constraints. All offers are on a basis of availability.
2.2 An agreement is only made after the acceptance of your order byRaffi , after the order form on online shops have been filled out correctly. An agreement is in place when Raffi sends a confirmation of the order to the buyer.
2.3 Raffi is entitled to refuse orders, or impose certain conditions to them, unless expressly stated otherwise.
2.4 If relevant Raffi will notify a buyer within ten (10) days after receipt of the order should that order be refused.
2.5 Raffi is not obliged to deliver products that are out of stock when orders for the product are made until the product has been produced and is in stock.
2.6 The buyer and Raffi expressly agree that a valid agreement is in place through electronic communication, once these conditions have been followed and the order procedure has been completed.
2.7 The following information will be stated in the order confirmation: A description of the product the customer has purchased, the product number, size, colour and quantity of the product purchased. Price of the product in Euros. Shipment and handling fees that result from the agreement Raffi has made with the customer. Customer details, such as name, invoice or delivery address, e-mail address and customer phone or fax number. The order number of the agreement. The e-mail address of Raffi the customer should use for questions regarding the order.
3.1 All quoted prices are in Euros, include VAT and exclude shipment and handling fees, other taxes and charges, unless specified otherwise or agreed upon in writing. All prices are subject to change.
3.2 Payment without discounts or compensation is due within fourteen (14) days after the invoice date, unless otherwise agreed upon in writing.
3.3 Reimbursement: If you have already made the payment when the agreement with Raffi is cancelled in accordance with the cooling-off conditions (referring to ‘terms and conditions’), Raffi will reimburse the customer for the payments already received within 14 days after receipt of the returned product.
4.1 The delivery time of any product may be up to 30 days or as much shorter as possible. The delivery time for wallpaper will be always longer, ie. minimal 2 weeks before shipment will take place. All delivery times specified by Raffi are of an indicative nature only.
4.2 Exceeding the delivery time does not give any rights for compensation by Raffi or order cancellation.
4.3 When the customer has already made payments as per the agreement that will be annulled in accordance with article 4.2, Raffi will return the sum already paid within 14 business days after receipt of the annulment specified in article 4.2.
4.4 Delivery of the products will take place on the location and time when the products are ready to be delivered to the customer.
5.1 The ownership of the products delivered will only be transferred when all outstanding invoices from Raffi have been fulfilled. All responsibility for the products will be transferred to the customer at the moment of delivery.
6.1 All rights of intellectual property on the products delivered to the customer, and subjects in relation with the online shops are the property of Raffi and/or her suppliers. The intellectual property includes patents, authors, brands, drawings, model rights and/or other intellectual property.
6.2 Raffi does not guarantee that any of the products delivered do not infringe any (unwritten) intellectual or industrial property rights of third parties.
7.1 The customer is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported as soon as possible (max. within seven (7) business days).
7.2 After receipt of the order, the customer is entitled to annul the agreement with Raffi within seven (7) business days of receipt. There is no obligation to specify a reason for doing so. The customer will need to inform Raffi in writing (via fax, mail, or e-mail) should he or she wish to annul the agreement in accordance with article 7.1 of these conditions, After consulting Raffi, the customer should return the product to the address specified by Raffi. The customer will be responsible for shipment costs and any risks during transport. Raffi cannot accept return of tickets, CD’s (unless sealed) and DVD’s (unless sealed). Raffi can, in consultation, in some cases make an exception. Raffi will only refund the costs of the product, not the initial shipping and fulfillment costs.
7.3 If the customer has already made payments when the agreement withRaffi is cancelled in accordance with article 7.1 and 7.2 of these conditions, Raffi will reimburse the customer for the payments already received within 14 days after receipt of the returned product.
7.4 Raffi reserves the right to refuse returned products or to only reimburse a part of the total amount when it is suspected that the product has been opened, used, or damaged by fault of the customer (not by fault of Raffi or the supplier of the product).
7.5 Raffi will inform the customer in writing (by fax, mail, or e-mail) when returned products are damaged because of negligence of the customer or other factors that are at the customer's risk.Raffi may charge the customer for the depreciation of the product by deducting it from the amount to be reimbursed.
7.6 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are only valid for a period of half a year after receipt by the customer.
8.1 Raffi will not be held responsible in case of misunderstandings, damages, delays or inadequate communication of orders and announcements as a result of using the Internet or any other means of communication between the customer and Raffi, or between Raffi and third parties, concerning the relation between the customer and Raffi.
9.1 Details provided by the customer will be held on file by Raffi. Your details will be used to process your order and may be put at the disposal of third parties should this be necessary. Our records are registered with the council for the protection of personal details (the current registration chamber).
9.2 Unless the customer has indicated not to appreciate this, this information will be entered into our database. Your details will be processed in accordance with the laws and regulations that apply.
9.3 Customer credit card data - like the card number and expiry date - will never be stored in any file by Raffi.
9.4 Customers may have access to their personal data in Raffi's database should they request this. The customer has the right to ask for modifications of those details when they are incorrect.
10.1 Without affecting her other rights, Raffi has the right to suspend or cancel your order without judicial intervention in circumstances that are beyond our control. We will inform you about this in writing. Raffi cannot be held liable for compensation in any way unless the circumstances dictate a certain degree of liability in fairness and reasonability.
10.2 Circumstances beyond our control are circumstances in which a fault cannot be attributed to Raffi as we hold no blame according to law, legal act, or common regulations in traffic.
11.1 Risks during transport of the products ordered by the customer are the responsibility of Raffi. At the moment of delivery, or the moment that is in all reasonability regarded as delivery, the responsibility for the product is transferred into the care of the customer, not withstanding legal obligations that cannot be excluded by Raffi.
15.1 When you inform Raffi in writing of a delivery address, Raffi will be justified to deliver all orders to that address, unless you inform Raffi in writing that your orders should be sent to a different address.
15.2 Should Raffi for a duration of time deviate from these conditions in any way, it will form no legal impediment for Raffi to demand strict compliance to those conditions at a later time. You will never acquire any rights based on leniency in applying the conditions by Raffi.
15.3 In the event that one or more of these conditions or any other agreement with Raffi is in conflict with the law, the condition in question will be made invalid to be replaced by a new condition serving the same purpose but in agreement with the law.
15.4 Raffi may use third parties to fulfill your order(s).
16.1 On all rights, obligations, offers, orders, and agreements these conditions apply to, as to these conditions themselves, only the Dutch law applies. 16.2 All disputes between parties will only be brought before a Dutch court presided by a judge qualified by the Netherlands.