Terms of Service – Ryan Kildare

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

• Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

• Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the trader;

• Day: calendar day;

• Enduring transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase being spread over time;

• Durable medium: any medium enabling the consumer or the trader to store information addressed personally to him in a way accessible for future reference and unaltered reproduction of the stored information;

• Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

• Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, until the conclusion of the contract, one or more distance communication techniques are used exclusively;

• Technique of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time;

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

E-mail support: support@ryan-kildare.com

Article 3 – Applicability

These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and shall be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated prior to the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that product- or service-specific conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer shall always be able to rely on the applicable provision that is more favourable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these general terms and conditions shall nevertheless remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.
Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer is without obligation. The entrepreneur shall have the right to amend and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses pictures, these truthfully represent the products and/or services offered. Obvious or obvious errors in the offer do not bind the entrepreneur.
All pictures, specifications, and data in the offer are indicative and may not be grounds for compensation or cancellation of the contract.
Product images are a faithful representation of the products offered. The operator cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service shall use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service collects VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;

• any shipping costs;

• the manner in which the contract is concluded and the actions required for that purpose;

• whether or not the right of withdrawal applies;

• the terms of payment, delivery, and performance of the contract;

• the period of acceptance of the offer or the period within which the trader guarantees the price;

• the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used;

• whether the contract is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;

• the manner in which the consumer, prior to the conclusion of the contract, may check and, if he so wishes, rectify the information provided by him in connection with the contract;

• the languages other than Dutch in which the contract may be concluded;

• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in the case of a transaction of duration.

Optional: available sizes, colours, type of materials.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract enters into force when the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of such acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may—within the scope of the legal provisions—inquire whether the consumer is able to fulfil his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not concluding the contract, he is entitled to refuse an order or request or to impose special conditions for implementation, stating the reasons for this.
The entrepreneur shall enclose the following information with the product or service for the consumer, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the address of the entrepreneur's establishment to which the consumer may complain;

• the conditions and modalities by which the consumer may exercise the right of withdrawal or, where appropriate, clear information on the exemption from the right of withdrawal;

• information on existing guarantees and after-sales services;

• the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided it to the consumer prior to the performance of the contract;

• the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a transaction of duration, the provision of the preceding paragraph applies only to the first delivery.

Any agreement is concluded subject to conditions precedent of sufficient availability of the products in question.

Article 6 – Cancellation Policy

Customers have the right to cancel their order within 5 minutes of placing it. Due to the automated nature of the order processing system, orders cannot be cancelled beyond this time frame as they are immediately prepared for fulfillment.
All cancellation requests must be submitted through the designated customer service contact method. If a cancellation request is received after the 5-minute window, the order will proceed through the fulfillment process and cannot be altered.
By placing an order, the customer acknowledges and agrees to this cancellation policy.

Article 7 – Right of withdrawal

When purchasing products, the consumer has the opportunity to dissolve the contract without giving reasons for a period of 14 days. This reflection period begins on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall treat the product and its packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all the accessories provided and—if reasonably possible—in the original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise the right of withdrawal, he shall notify the entrepreneur of this within 14 days of receiving the product. The consumer must communicate this by written message/email. After declaring that he/she wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g., by means of a proof of posting.
If the consumer has not expressed a willingness to make use of the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 8 – Costs in case of withdrawal

If the consumer makes use of the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund it as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of full return can be presented.

Article 9 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:

• that have been created by the trader according to the consumer's specifications;

• that are clearly of a personal nature;

• that cannot be returned due to their nature;

• that deteriorate or age rapidly;

• whose price is subject to fluctuations on the financial market that are beyond the entrepreneur's control;

• for individual newspapers and magazines;

• for audio and video recordings and computer software of which the consumer has broken the seal;

• for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

• that concern accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;

• whose delivery has begun with the consumer's express consent before the end of the withdrawal period;

• concerning bets and lotteries.

Article 10 – The price

During the period of validity indicated in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes due to changes in VAT rates.
Contrary to the preceding paragraph, the Entrepreneur may offer products or services whose prices are subject to financial market fluctuations that are beyond his control. This connection to fluctuations and the fact that the prices indicated are indicative prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if:

• they are the result of statutory rules or provisions; or

• the consumer is entitled to withdraw from the contract on the day the price increase takes effect.

Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In the present case, the delivery takes place outside the EU. Consequently, the postal or courier service collects the import VAT or customs clearance fees from the customer. Consequently, no VAT will be charged by the contractor.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product based on the incorrect price.
We do not make use of the IOSS scheme. This means that import duties and VAT (if applicable) are collected by the carrier upon delivery to the customer. These charges are not included in our prices and are the responsibility of the customer.

We act solely as an intermediary between the customer and our international fulfilment partners. All shipments originate outside the EU, and we are not the importer of record.

Article 11 – Conformity and guarantee

The trader guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements for reliability and/or usability and with the statutory provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
The guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.
The contractor's guarantee period corresponds to the factory's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

• the consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by a third party;

• the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and/or packaging;

• the defect is wholly or partially the result of standards that the government has established or will establish concerning the nature or quality of the materials used.

Article 12 – Delivery and Implementation

The contractor undertakes to take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders promptly and in any case within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after the order has been sent. In this case, the consumer has the right to dissolve the contract without charge and the right to any damages.
In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.
If delivery of an ordered product is impossible, the entrepreneur shall undertake to provide a replacement item. At the latest at the time of delivery, it shall be clearly and comprehensibly indicated that a substitute article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products is borne by the entrepreneur until delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 – Duration of transactions: duration, termination and extension

Withdrawal
The consumer may withdraw at any time from an open-ended contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed rules on withdrawal and a maximum notice period of one month.
The consumer may withdraw from a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to the agreed rules of withdrawal and a notice period not exceeding one month.
The consumer may withdraw from the contracts referred to in the preceding paragraphs:

• withdraw at any time and not merely withdraw at a specific time or within a specific period;

• rescind in at least the same manner as when he concluded them;

• always terminate with the same period of notice as the contractor has stipulated for itself.

Extension
A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months if the consumer may terminate the renewed contract towards the end of the renewal period by giving not more than one month's notice.
A fixed-term contract concluded for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months where the contract concerns the regular, but less than monthly, supply of newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers on an introductory basis (trial or introductory subscription) is not tacitly continued and terminates automatically at the end of the trial or introductory period.

Duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a maximum of one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 14 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the beginning of the cooling-off period referred to in Article 7(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately notify the entrepreneur of inaccuracies in the payment data provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 15 – Complaint procedure

Complaints regarding the implementation of the contract must be submitted to the entrepreneur within 7 days in a complete and clearly described manner, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If the complaint is deemed valid by the entrepreneur, the latter will, at its discretion, replace or repair the delivered products free of charge.

Complaints can be submitted to: support@ryan-kildare.com

Article 16 – Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general conditions apply, even if the consumer resides abroad.