Terms and Conditions
Table of contents
Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of Revocation
Article 7 – Obligations of the Consumer during the Reflection Period
Article 8 – Exercising the Right of Revocation by the Consumer and corresponding costs
Article 9 – Obligations of Rollz Mobility UK Ltd in case of revocation
Article 10 – Exclusion of the Right of Revocation
Article 11 – The price
Article 12 – Fulfilment of the contract and additional warranty
Article 13 – Delivery and implementation
Article 14 – Payment
Article 15 – Complaints scheme
Article 16 – Disputes
Article 17 – Supplementing or deviating provisions
Article 1 – Definitions
These conditions use the following definitions:
1. Supplementing Contract: a contract based on which the Consumer acquires products and/or services related to the Distance Contract and based on which these goods and/or services are provided by Rollz Mobility UK Ltd or a third party based on a contract between this third party and Rollz Mobility UK Ltd;
2. Reflection Period: the period during which the Consumer can exercise its Right of Revocation;
3. Consumer: the natural person not acting for purposes related to his commercial activities, company activities, or professional activities;
4. Day: calendar day;
5. Continuous Performance Contract: a contract which arranges the regular delivery of goods and/or services during a specific period;
6. Durable Medium: any resource, including email, which allows the Consumer or Rollz Mobility UK Ltd to save information personally addressed to it in a manner which makes future consultation or usage during a period in line with the purpose for which the information is intended and unaltered reproduction of the stored information possible;
7. Right of Revocation: the option of the Consumer to dissolve the Distant Contract during the Reflection Period;
8. Company: the legal entity Rollz Mobility UK Ltd which offers products, (access to) digital content and/or remote services to consumers;
9. Distance Contract: a contract concluded between Rollz Mobility UK Ltd and the Consumer in the context of an organised system for the remote sale of products, digital content and/or services, exclusively or also using one or more technology/technologies for remote communication up to the conclusion of the contract;
10. Model Revocation Form: the Model Revocation Form set out in Annexe 1 of these conditions;
11. Remote Communication Technology: a resource which can be used to conclude a contract without the need of the Consumer and the company meeting in the same space at the same time.
Article 2 – Identity of the company
Rollz Mobility UK Ltd
PO Box 352, Ely, Cambridgeshire, CB7 9HE
Telephone number: 0333 207 2080
Email address: info@rollzmobility.co.uk
Availability: Monday to Friday from 09:00 to 17:00
Bank details
Article 3 – Applicability
1. These general terms and conditions govern any offer by Rollz Mobility UK Ltd and any Distance Contract concluded between Rollz Mobility UK Ltd and the Consumer.
2. The text of these general terms and conditions will be provided to the Consumer before the Distance Contract is concluded. If this is not reasonably possible, Rollz Mobility UK Ltd will – before the conclusion of the Distance Contract – indicate how the general terms and conditions can be studied at Rollz Mobility UK Ltd and that they will be provided at no cost as soon possible following a corresponding request by the Consumer.
3. If the Distance Contract is concluded remotely by electronic means, the following applies by way of deviation from the previous paragraph and before the conclusion of the Distance Contract: the text of these general terms and conditions can be provided to the Consumer by electronic means in such a manner that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, the location where the general terms and conditions can be accessed by electronic means and the option of providing them by electronic means or by other means at no cost at the request of the Consumer will be communicated before the Distance Contract is concluded.
4. If specific product or service conditions apply besides these general terms and conditions, the second and third paragraphs will apply mutatis mutandis, and the Consumer will always be able to invoke the applicable provision most beneficial to it in case of conflicting conditions.
Article 4 – The offer
1. If the offer is subject to a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow the Consumer to properly assess the offer. If Rollz Mobility UK Ltd makes use of images, these will be an accurate representation of the offered products, services and/or digital content. Manifest errors or mistakes in the offer will not be binding to Rollz Mobility UK Ltd.
3. Each offer will contain sufficient information to make the rights and obligations of a Consumer associated with the acceptance of the offer clear.
Article 5 – The contract
1. The contract will be concluded at the moment of acceptance of the offer by the Consumer and when the corresponding conditions are met, subject to the provisions of paragraph 4.
2. If the Consumer has accepted the offer by electronic means, Rollz Mobility UK Ltd will immediately confirm the acceptance of the offer by electronic means. The Consumer can dissolve the contract as long as the receipt of this acceptance is not confirmed by Rollz Mobility UK Ltd.
3. If the contract is concluded by electronic means, Rollz Mobility UK Ltd will take suitable technical and organisational measures to secure the electronic transfer of data and arrange a secure web environment. If the Consumer can pay by electronic means, Rollz Mobility UK Ltd will observe corresponding fitting security measures.
4. Rollz Mobility UK Ltd can verify – within the statutory frameworks – whether the Consumer is able to meet its payment obligations, as well as of all those facts and factors relevant to the responsible conclusion of the Distance Contract. If Rollz Mobility UK Ltd has sound reasons not to conclude the contract based on this investigation, it will have the right to reject an order or request with substantiation or make its implementation subject to special conditions.
5. No later than the delivery of the product to the Consumer, Rollz Mobility UK Ltd will provide the following information, in writing or in such a manner that it can be saved on a Durable Medium by the Consumer in an accessible manner:
a. the visiting address of the location of Rollz Mobility UK Ltd where the Consumer can file complaints;
b. the conditions subject to which and the manner in which the Consumer can exercise the Right of Revocation, or a clear notice concerning the exclusion of the Right of Revocation;
c. the information about warranties and existing service after the purchase;
d. the price, including all taxes, of the product; insofar as applicable, the costs of delivery; and the manner of payment, delivery, or implementation of the Distance Contract;
e. if the Consumer has a Right of Revocation, the Model Revocation Form.
Article 6 – Right of Revocation
1. The Consumer can dissolve a contract concerning the purchase of a product during a Reflection Period of at least 14 days without substantiation. Rollz Mobility UK Ltd may ask the Consumer about the reason for the revocation, but cannot require it to provide its reason(s).
2. The Reflection Period set out in paragraph 1 takes effect on the day following the day on which the Consumer or a third party designated by the Consumer in advance, which is not the carrier, has received the product, or,
a. if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by it, has received the last product. The above applies provided that Rollz Mobility UK Ltd may refuse an order consisting of multiple products with different delivery periods if it has clearly informed the Consumer about this before the ordering process;
b. if the delivery of a product consists of different shipments or components: the day on which the Consumer, or a third party designated by it, has received the last shipment or the last component.
Article 7 – Obligations of the Consumer during the Reflection Period
1. The Consumer will handle the product and the packaging with care during the Reflection Period. The Consumer will only remove the product from the packaging or use it to the extent necessary to determine the nature, the properties, and the operation of the product. A guiding principle in this respect is that the Consumer may only use and inspect the product in the same manner it would be allowed to use or inspect it in a store.
2. The Consumer will only be liable for a loss of value of the product as a result of a manner of handling the product beyond what is permitted based on paragraph 1.
3. The Consumer is not liable for a loss of value of the product if Rollz Mobility UK Ltd failed to provide it with all legally required information about the Right of Revocation before or upon the conclusion of the contract.
Article 8 – Exercising the Right of Revocation by the Consumer and corresponding costs
1. If the Consumer exercises its Right of Revocation, it must inform Rollz Mobility UK Ltd of this during the Reflection Period.
2. The Consumer will return the product or hand it over to (an authorised representative of) Rollz International as soon as possible, but at the latest within 14 days of the day following the notice referred to in paragraph 1. The Consumer will always have observed the return period if it returns the product before the end of the Reflection Period.
3. The Consumer will return the product with all delivered accessories, in its original condition and packaging (if reasonably possible), and in accordance with the reasonable and clear instructions provided by Rollz Mobility UK Ltd.
4. The Consumer bears the risk and burden of proof for the correct and timely exercise of the Right of Revocation.
5. Contact backoffice@rollz.com for information about the return method. You can deliver the product to a PostNL or DPD site near you or let Rollz Mobility UK Ltd retrieve the product from your home address. The return costs will always be borne by the Consumer.
6. If the Consumer exercises its Right of Revocation, all Supplementing Contracts will be dissolved by operation of law.
Article 9 – Obligations of Rollz International in case of revocation
1. If Rollz Mobility UK Ltd allows the Consumer to report the revocation by electronic means, it will send a confirmation of receipt immediately following the receipt of this notice.
2. Rollz Mobility UK Ltd will refund all payments by the Consumer for the returned product, except for the return costs, without any delays but no later than within 14 days following the day on which the Consumer reports the revocation. Unless Rollz Mobility UK Ltd offers to retrieve the product itself, the company may postpone the refund until the product has been received or until the Consumer demonstrates that it has returned the product, whichever occurs earlier.
3. Rollz Mobility UK Ltd will use the same payment method for the refund as used by the Consumer, unless the Consumer accepts a different method. The refund will not result in any costs for the Consumer.
4. If the Consumer chose a more expensive delivery method than the cheapest default delivery, Rollz Mobility UK Ltd is not required to refund the additional costs of the more expensive method.
Article 10 – Exclusion of the Right of Revocation
Rollz Mobility UK Ltd can exclude the following products and services from the Right of Revocation, but only if Rollz Mobility UK Ltd has clearly indicated this with the offer, or at least well before the conclusion of the contract:
1. Products created based on the specifications of the Consumer that are not pre-manufactured and which are created based on an individual selection or decision of the Consumer, or which are clearly intended for a specific person.
Article 11 – The price
1. The prices of the offered products will not be increased during the validity period listed in the offer, except for price changes resulting from changes to VAT rates.
2. The prices of products or services listed in the offer include VAT.
Article 12 – Fulfilment of the contract and additional warranty
1. Rollz Mobility UK Ltd guarantees that the products comply with the contract, the specifications listed in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government requirements in force on the date on which the contract is concluded.
2. An additional warranty granted by Rollz Mobility UK Ltd, its supplier, manufacturer, or importer will never restrict the statutory rights and claims which the Consumer can exercise vis-à-vis Rollz International pursuant to the contract if Rollz Mobility UK Ltd has failed in the fulfilment of its part of the contract.
3. An additional warranty is defined as any commitment of Rollz Mobility UK Ltd, its supplier, importer, or manufacturer based on which the Consumer is granted certain rights or claims that go beyond what is required by law if Rollz Mobility UK Ltd has failed in the fulfilment of its part of the contract.
Article 13 – Delivery and implementation
1. Rollz Mobility UK Ltd will observe the utmost diligence when receiving and implementing orders for products.
2. The place of delivery will be the address provided to Rollz Mobility UK Ltd by the Consumer.
3. With due observance of the corresponding provisions in article 4 of these general terms and conditions, Rollz Mobility UK Ltd will complete accepted orders with reasonable haste, but never later than within 30 days, unless a different delivery period has been agreed on. If the delivery is delayed or if an order is not or only partially carried out, the Consumer will be notified no later than 30 days after it has placed the order. The Consumer will have the right to dissolve the contract at no cost in this case.
4. Rollz Mobility UK Ltd will immediately refund the amount paid by the Consumer after dissolution in accordance with the above paragraph.
5. The risk of damage to and/or loss of products is vested with Rollz Mobility UK Ltd until the moment of delivery to the Consumer or a representative designated and communicated with Rollz International in advance, unless expressly agreed otherwise.
Article 14 – Payment
1. Insofar as not determined otherwise in the contract or supplementing conditions, any amounts due by the Consumer must be paid within 14 days of the start of the Reflection Period, or, in the absence of a Reflection Period, within 14 days of the conclusion of the contract.
2. The Consumer is required to immediately report any inaccuracies in the provided or indicated payment details to Rollz Mobility UK Ltd.
3. If the Consumer fails to meet its payment obligation(s) on time, it will owe the statutory interest on the amount due once it has been informed of the late payment by Rollz Mobility UK Ltd, and Rollz Mobility UK Ltd will have the right to charge the extrajudicial collection costs it has incurred after it has granted the Consumer a period of 14 days to still meet its payment obligations and no payment takes place within this 14-day period. These collection costs will not exceed: 15% on the amounts due up to €2,500; 10% on the subsequent €2,500, and 5% on the subsequent €5,000 with a minimum of €40. Rollz Mobility UK Ltd can deviate from the listed amounts and percentages to the benefit of the Consumer.
Article 15 – Complaints scheme
1. Complaints about the implementation of the contract must be reported to Rollz Mobility UK Ltd in a complete and clearly described manner within a reasonable period after the Consumer has identified the shortcomings.
2. Any complaints reported to Rollz Mobility UK Ltd will be answered within a period of 14 days of the date of receipt. If a complaint requires a foreseeable longer handling period, Rollz Mobility UK Ltd will provide an answer with a confirmation of receipt within the period of 14 days, including an indication of when the Consumer can expect a more detailed answer.
3. The Consumer must give Rollz Mobility UK Ltd at least 4 weeks to resolve the complaint in consultation. After this period, a dispute eligible for the dispute resolution scheme will exist.
Article 16 – Disputes
1. Agreements between Rollz International and the Consumer subject to these general terms and conditions are exclusively governed by the laws of the Netherlands.
Article 17 – Supplementing or deviating provisions
Supplementing provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the Consumer and must be set out in writing or in a manner in which the Consumer can save them on a Durable Medium in an accessible manner.
Annexe 1: Model Revocation Form
Model Revocation Form (only complete and return this form if you want to revoke the contract)
– To: [company name] [geographical address of company] [fax number of company, if available] [email address or electronic address of company]
– I/We* hereby inform you that I/we* revoke the contract concerning the sale of the following products: [product name]* revoke*
– Ordered on/received on* [date of order in case of services or receipt in case of products]
– [Consumer name(s)] – [Consumer address(es)]
– [Consumer signature(s)] (only if this form is submitted on paper)*
*Strike-through or complete as appropriate.