Terms and Conditions
Article 1 - Definitions
In these conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day; 01-01-2025
Term contract: a distance contract that relates to a series of products and/or services of which the delivery and/or purchase obligation is spread over a certain period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more techniques of distance communication are used exclusively up to and
including the conclusion of the contract; Technique of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name of the company: Aurivault Nexus Limited
E-mail address: service@robinsonmelbourne.com
Address: Rm 1911A, Unit F, 19/F, Golden Bear Centre, 66 Chai Wan Kok St., Tsuen Wan, Hong Kong
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the business premises of the entrepreneur and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially ineffective or void, the contract and these terms and conditions will otherwise remain in force and the provision in question will immediately be replaced by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations that are not covered by these general terms and conditions are to be assessed "in the spirit" of these general terms and conditions.
Any ambiguity about the interpretation or content of one or more provisions of our general terms and conditions is to 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 will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change 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 properly evaluate the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the EU country of destination, which is the case in this case. The postal and/or courier service will collect VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance communication tariff if the costs for using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after its conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check the data he has provided under the contract before concluding the contract and, if desired, correct them;
any other languages in which the contract can be concluded besides Dutch;
the codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a term contract.
Optional: available sizes, colours, types of material.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
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 contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within the legal framework - inform himself about whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, as a result of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to make the execution subject to special conditions, stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the trader's establishment to which the consumer can address his complaints;
the conditions under which and in what way the consumer can exercise his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service; the
data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
the conditions 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 term contract, the provision of the previous paragraph only applies to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract for 14 days without giving any reason. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must notify this in the form of a written message/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product was returned on time, for example by means of proof of shipment.
If the customer has not expressed his wish to exercise his 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 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or that conclusive proof of full return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
that the entrepreneur produces according to the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant visits or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has started with the consumer's explicit consent before the end of the cooling-off period;
about bets and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market that are beyond the control of the entrepreneur. This link to fluctuations and the fact that the prices stated are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:
they result from legal regulations or provisions; or
the consumer has the option to terminate the contract from the day on which the price increase takes effect.
According to section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service will then collect the import VAT or handling fees from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty 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 repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the entrepreneur's instructions and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that have been or will be issued by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to compensation for any damage.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement article. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Term transactions: duration, termination and renewal
Termination
The consumer can terminate a contract of indefinite duration that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract of indefinite duration that has been concluded for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer can change the agreements referred to in the previous paragraphs:
end at any time and not be limited to termination at a specific time or period;
terminate them at least as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a definite period that extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate that extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, but less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in the stated or mentioned payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the deficiencies, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not lead to a suspension of the operator's obligations, unless the operator indicates otherwise in writing.
If a complaint is found to be justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions refer are exclusively subject to Dutch law. Even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 with regard to the 'Act amending the Sales Tax Act 1968 (Payment Service Providers Directive Implementation Act)' and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers could register data in the European CESOP system.