Terms and conditions

General Terms and Conditions Rush International B.V.

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Complaints procedure

Article 16 - Limitation of liability

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 19 - Promotional terms and conditions

Article 20 - Mobile service terms

Article 21 - Use of Chatbot

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement:

an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

  1. Reflection period:

the period during which the consumer can exercise their right of withdrawal;

  1. Consumer:

the natural person who is not acting for purposes relating to their trade, business, craft, or professional activity;

  1. Day:

calendar day;

  1. Digital content:

data produced and supplied in digital form;

  1. Continuing performance contract:

an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period;

  1. Durable data carrier:

any means - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;

  1. Right of withdrawal:

the consumer's option to withdraw from the distance contract within the reflection period;

  1. Entrepreneur:

the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;

  1. Distance contract:

an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;

  1. Technique for distance communication:

a means that can be used for concluding an agreement without the consumer and entrepreneur having to be simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Rush International B.V.

Plantageweg 15A
3833 AZ Leusden
Phone number: 085-047224
Email address: info@rushofficial.nl
Chamber of Commerce number: 81427743
VAT identification number: NL862086796B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise, upon the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

  1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

  1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. If the agreement is concluded electronically, the consumer agrees to receive electronic newsletters regarding promotions and holidays.
  5. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

Article 6 - Right of withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product in its original packaging, with a sealed cap, and without having used the product, during a reflection period of at least 14 days without stating any reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).
  2. The reflection period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
  3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
  4. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
  5. In the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.

Article 7 - Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store. Therefore, using the product is not permitted.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within the reflection period by registering via the returns portal.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer will in any case have complied with the return period if they return the product before the reflection period has expired.
  3. The consumer will return the product with all supplied accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that these costs must be borne by the consumer, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return.
  6. If the consumer exercises their right of withdrawal, all additional agreements will be automatically dissolved.
  7. Orders placed in combination with promotions that relate to the 'Buy X and get Y free' principle will be subject to a settlement for the free product received upon withdrawal. This means that if the consumer returns one or more products and the total order amount consequently falls below X, the sales price of Y will be offset against the returned products.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the consumer to notify their withdrawal electronically, they will send an acknowledgement of receipt immediately after receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
  3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Products that spoil quickly or have a limited shelf life;
  3. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  4. Products that are irrevocably mixed with other products after delivery due to their nature;

Article 11 - The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer.
  3. The prices stated in the offer (for private individuals) of products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  3. An additional guarantee means any commitment by the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfill their part of the agreement.

Article 13 - Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur. This can be both a home address and an address of a collection point or parcel locker.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
  6. The entrepreneur provides the consumer with a Track & Trace code of the shipment by e-mail. The consumer is responsible for tracking the shipment. If the delivery attempt(s) have failed, the package will end up at a PostNL collection point. If the package is not collected, it will be returned to the entrepreneur. If the consumer then cancels the order, the entrepreneur will refund the purchase amount excluding shipping costs. If the consumer still wishes to receive the order, shipping costs will be charged again.

Article 14 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  4. If the consumer does not meet their payment obligation(s) in time, they will, after being notified by the entrepreneur of the late payment and being granted a period of 14 days by the entrepreneur to still meet their payment obligations, be liable for the statutory interest on the amount still owed after the failure to pay within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages to the benefit of the consumer.
  5. To offer you Klarna's payment methods, we may pass your contact and order details to Klarna at checkout, so that Klarna can assess whether you qualify for Klarna's payment methods and customize these payment methods for you. Your personal data is processed in accordance with Klarna's privacy statement.

Article 15 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 16 - Limitation of liability

  1. RUSH endeavors to develop, test, and package its products with the greatest possible care. Nevertheless, the use of all products supplied by RUSH is entirely at the user's own risk.
  2. The user is at all times responsible for correct application, processing, and storage of the products, as well as for prior assessment of the product's suitability for the intended purpose. RUSH explicitly refers to the instructions for use, safety instructions, and product information as stated on the packaging and/or on the website.
  3. RUSH accepts no liability whatsoever for damage of any kind arising from or related to:
  • (incorrect) use of the products;
  • failure to follow the provided use or safety instructions;
  • the use of products in combination with other agents or materials;
  • incomplete or incorrect information provided by the user;
  • any form of indirect damage, consequential damage, business damage, loss of turnover or profit.

In all cases, RUSH's liability is always limited to the amount paid out by RUSH's liability insurance in the relevant case, plus the deductible borne by RUSH under that insurance. If, for whatever reason, no payment is made by the insurer, any liability is limited to the invoice amount of the product to which the damage relates.

Nothing in this provision shall exclude or limit liability insofar as exclusion or limitation is not permitted by mandatory law.

    Article 17 - Disputes

    1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

    Article 18 - Additional or deviating provisions

    1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

    Article 19 - Promotional Terms and Conditions

    1. Orders placed in conjunction with promotions based on the 'Buy X and get Y free' principle will be subject to an offset of the free product upon revocation. This means that if the consumer returns one or more products and the total order amount consequently falls below X, the sales price of Y will be offset against the returned products.
    2. Orders placed in conjunction with promotions based on the 'Buy X and get Y free' principle are only entitled to product Y if product X has been purchased. Orders where only product Y has been added to the shopping cart as a free product are not entitled to this.

    Article 20 - Mobile Service Terms

    1. The RUSH International B.V. mobile messaging service (the "Service") is operated by RUSH International B.V. ("RUSH International B.V.", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your agreement to such changes.
    2. By agreeing to RUSH International B.V.'s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of RUSH International B.V. via your mobile provider at the mobile number you provided, even if your mobile number is registered on a national or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, offers, and other marketing offers (e.g., shopping cart reminders).
    3. You understand that you are not required to sign up for this program to make any purchases, and your consent is not a condition of any purchase with RUSH International B.V. Your participation in this program is completely voluntary.
    4. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your mobile provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your mobile provider.
    5. You may opt out of the Service at any time. Text the keyword STOP to RUSH or click the unsubscribe link (if available) in a text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other RUSH International B.V. mobile messaging programs and wish to cancel, you will need to opt out of those programs separately by following the instructions provided in their respective mobile terms, unless otherwise required by applicable law.
    6. For Service support or assistance, text the keyword HELP to RUSH or email info@rushofficial.nl.
    7. We may change the short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including STOP or HELP requests, that you send to a short code or telephone number that we have changed may not be received and we will not be responsible for honoring requests made in such messages.
    8. The mobile carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program again with your new number.
    9. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.
  1. We respect your right to privacy. Please see our Privacy Statement to understand how we collect and use your personal data.

    2. Article 21 - Use of Chatbot

    1. RUSH uses the Chatbot provided by Sleak B.V. Sleak B.V. endeavors to provide the Chatbot with the necessary care and professionalism. However, Sleak B.V. and RUSH offer no guarantees or representations regarding the accuracy, completeness, reliability, or suitability of the Chatbot for any particular purpose.
    2. The Chatbot is an automated system intended for providing general information. The answers given by the Chatbot are for informational purposes only and are not tailored to your specific situation.
    3. While we strive for accurate and current information, we cannot guarantee that all answers are complete, correct, or up-to-date. Errors or omissions may occur.
    4. The information from the Chatbot does NOT replace professional advice (legal, financial, medical, or otherwise). If you wish to make a decision based on the information provided, or if your situation is specific, we recommend that you contact our employees or an expert.
    5. Sleak B.V. and RUSH accept no liability for damages or losses, direct or indirect, arising from the use of, or reliance on, information provided by the Chatbot. The use and interpretation of the information are entirely at your own risk.