General terms and conditions


1. General

1.1 These general terms and conditions apply to all offers made by Relax . The conditions are accessible to everyone and are included on the internet site of Relax . We will send you a written copy on request.

1.2 By placing an order, you agree to the delivery and payment terms. Relax reserves the right to change its delivery and/or payment terms after expiry.

1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognised by Relax.

1.4 Relax guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place after production of the goods. Production is in most cases within 7 days.

2.2 Under the rules of distance selling, Relax Shop will execute orders at least within 30 days. If this is not possible (because the goods ordered are out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will be notified within this month after the order was placed and in that case has the right to cancel the order without costs and notice of default.

2.3 Subject to proof to the contrary, Relax's obligation to deliver will be fulfilled once the goods delivered by Relax have been offered to the buyer. In the event of home delivery, the carrier's report of refusal of acceptance shall constitute full evidence of the offer to deliver.

2.4 All terms mentioned on the internet site are indicative. No rights may therefore be derived from the terms stated.

3. Prices

3.1 Prices will not be increased within the term of the offer, unless legal measures make it necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3.3 All prices on the site are in euros and include 21% VAT.

4. Trial period / right of withdrawal

4.1 In case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer is entitled to return (part of) the delivered goods within a period of 7 working days without giving reasons. This period starts the moment the ordered goods have been delivered. If the buyer has not returned the delivered goods to Relax after this period has expired, the sale is a fact. Before returning the goods, the buyer must notify Relax in writing within 7 working days of delivery. The buyer must prove that the delivered goods were returned in time, for instance by means of proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition (unworn and unwashed). If the goods have been used by the buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph lapses. Subject to the provisions of the previous sentence, Relax Shop will ensure that the full purchase price including the shipping costs will be refunded to the buyer within 30 days of receipt of the return shipment. The return of the delivered goods is at the risk and expense of the customer.

4.2 The right of dissolution, as described in the preceding paragraph, only relates to the goods delivered and shall in no event relate to services, such as telephone subscriptions of the (mobile) network operators offered by Relax. The latter services, where Relax only acts as intermediary or agent, shall be subject to the general terms and conditions of such network operators.

4.3 The right of withdrawal does not apply to:

- services whose performance, with the consent of the consumer, has begun before the deadline of seven working days

- goods or services whose price is subject to fluctuations in the financial market over which the supplier has no influence

- goods made to order for the consumer, e.g. 'print on demand' or 'customisation', or of a clearly personal nature

- for goods or services which by their nature cannot be returned, e.g. for reasons of hygiene or which spoil or age quickly

- audio and video recordings and computer software of which the consumer has broken the seal

- supply of newspapers and magazines; for betting and lottery services

5. Data management

5.1 If you place an order with Relax , your details will be included in Relax's customer database. Relax complies with the Personal Data Protection Act and will not disclose your details to third parties.

5.2 Relax respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.

5.3 Relax uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

6. Warranty and conformity

6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

6.2 'Reasonable requirements of soundness and/or usability' means that the delivered goods are usable for at least two months. The materials of the delivered products are not suitable for long-term exposure to sun or water and may decompose and become unusable regardless of exposure to sun or water.

6.3 An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the trader on the basis of the law and/or the distance contract with regard to a shortcoming in the fulfilment of the trader's obligations.

6.4 The buyer is obliged to check the goods delivered immediately on receipt. If it turns out that the delivered goods are wrong, defective or incomplete, the buyer must (before returning them to Relax) notify Relax of these defects immediately in writing. Any defects or incorrect goods delivered must and can be reported to Relax in writing no later than 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use of the goods after the discovery of defects, damage arising after the discovery of defects, encumbrance and/or resale after the discovery of defects shall result in forfeiture of the right to complain and to return the goods.

6.5 If Relax finds complaints from the buyer justified, Relax will, at its discretion, either replace the delivered goods free of charge or agree a written settlement with the buyer about compensation, provided that Relax's liability and therefore the amount of compensation is always limited to the invoice amount of the goods concerned or (at Relax's discretion) to the maximum amount covered by its liability insurance in the case concerned. Any liability of Relax for any other form of loss is excluded, including additional compensation in whatever form, compensation for indirect or consequential loss or loss due to loss of profit.

6.6 Relax is not liable for damages caused by intent or equivalent intentional recklessness of non-managerial personnel.

6.7 This guarantee does not apply if:

A) and as long as the customer is in default vis-à-vis Relax;

B) the customer has repaired and/or modified the delivered goods himself or had them repaired and/or modified by third parties.

C) the delivered goods are exposed to abnormal conditions or otherwise carelessly handled or treated contrary to Relax's instructions and/or instructions for use on the packaging;

D) the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used;

7. Offers

7.1 Offers are without obligation unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, Relax reserves the right to withdraw or depart from the offer within 3 working days of receipt of that acceptance.

7.3 Verbal promises shall bind Relax only after they have been expressly confirmed in writing.

7.4 Offers from Relax do not automatically apply to repeat orders.

7.5 Relax cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or slip of the pen.

7.6 Additions, amendments and/or further agreements are only effective if agreed in writing.

8. Agreement

8.1 An agreement between Relax and a customer is concluded after an order assignment has been assessed for feasibility by Relax.

8.2 Relax reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the shipment is made cash on delivery or after advance payment.

9. Images and specifications

9.1 All images; photographs, drawings etc.; including data on weights, dimensions, colours, images of labels, etc. on the Relax Shop internet site are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement.

10. Force majeure

10.1 Relax is not liable if and to the extent that its commitments cannot be fulfilled due to force majeure.

10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay at or failure to perform by our suppliers, internet failures, electricity failures, e-mail traffic failures and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Relax as well as auxiliary persons, sickness of staff, defects in auxiliary or transport equipment expressly count as force majeure.

10.3 In the event of force majeure, Relax reserves the right to suspend its obligations and is also entitled to dissolve the agreement in full or in part, or to claim that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances shall Relax be obliged to pay any penalty or compensation.

10.4 If Relax has already fulfilled part of its obligations when force majeure arises, or can only partially fulfil its obligations, it is entitled to separately invoice the part already delivered or the deliverable part, as the case may be, and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.

11. Liability

11.1 Relax is not liable for damage to vehicles or other objects caused by misuse of the products. Before use, please read the instructions on the packaging and/or consult our website.

12. Retention of title

12.1 Ownership of all goods sold and delivered by Relax to the buyer remains with Relax as long as the buyer has not paid Relax's claims under the agreement or previous or subsequent similar agreements, as long as the buyer has not paid the work performed or to be performed under such or similar agreements and as long as the buyer has not paid Relax's claims for failure to perform such obligations, including claims in respect of penalties, interest and costs, all as referred to in section 3:92 of the Dutch Civil Code.

12.2 Goods delivered by Relax subject to retention of title may only be resold in the normal course of business and may never be used as a means of payment.

12.3 The buyer is not authorised to pledge or otherwise encumber the goods subject to retention of title.

12.4 The customer hereby unconditionally and irrevocably authorises Relax or a third party to be appointed by Relax, in all cases where Relax wishes to exercise its ownership rights, to enter all those places where its property is located and to take those goods there.

12.5 If third parties levy attachment on the goods delivered under retention of title or wish to create or enforce rights thereon, the customer is obliged to inform Relax thereof as soon as may reasonably be expected.

12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection by Relax on demand.

13. Applicable law/competent court

13.1 All agreements shall be governed by Dutch law.

General terms and conditions of Relax , established in Amsterdam

Version valid from 16-09-2020