Terms of service

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;

Day: calendar day;

Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

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

Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, in which, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being physically present in the same location at the same time.

Terms and Conditions: these terms and conditions of the trader.

Article 2 – Identity of the trader
Company name: RGM Commerce B.V.
Trade name: Testorush
Company address: De Huysacker 6, 5505KA, Veldhoven, Netherlands (no return address)
Customer service email: support@testorush.eu

Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate that the terms and conditions can be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

In the event that, in addition to these terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are, at any time, wholly or partially void or voided, the remainder of the contract and these terms and conditions will remain in force, and the provision in question will be promptly replaced, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these terms and conditions must be assessed "in the spirit" of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these terms and conditions.

Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation.

The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images, specifications and data in the offer are indicative and cannot give rise to compensation for damages or dissolution of the contract.

Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs shall be for the account and risk of the customer. The postal and/or courier service will, in relation to importation, make use of the special scheme for postal and courier services. This scheme applies provided the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (where applicable together with the customs clearance costs charged) from the recipient of the goods;
any delivery costs;
the manner in which the contract will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is filed after it has been concluded, and if so, how it can be consulted by the consumer;
the manner in which the consumer, prior to concluding the contract, can verify and, if desired, correct the data provided by them under the contract;
any other languages, in addition to Dutch, in which the contract may be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuing performance transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the associated conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures to that effect.

The trader may, within statutory limits, make enquiries as to whether the consumer is able to meet their payment obligations, as well as into all those facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this enquiry, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The trader will, at the latest upon delivery of the product or service, provide the consumer with the following information in writing, or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:

the visiting address of the trader's place of business where the consumer can address complaints;
the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information regarding guarantees and existing after-sales service;
the information contained in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to 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 continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This withdrawal period commences on the day after the consumer, or a representative previously designated by the consumer and notified to the trader, receives the product.

During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader of this within 14 days of receiving the product. The consumer must give this notification by means of a written email. After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified their intention to exercise the right of withdrawal, or has not returned the product to the trader, the sale is final.

Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be for their account.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of the withdrawal. This is, however, subject to the condition that the product has already been received back by the webshop operator, or that conclusive proof of complete return can be provided.

Article 8 – 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 only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

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

that have been produced by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

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

relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
the performance of which has begun with the consumer's express prior consent before the withdrawal period has expired;
relating to betting 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 for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

The place of delivery is determined in accordance with Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968) and is located in the country in which transport begins. In this case, this delivery takes place outside the EU. Accordingly, the import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. The trader will therefore not charge any VAT.

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 trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty
The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract in any way.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been handled contrary to the trader's instructions and/or the information on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions set out in Article 4 of these terms and conditions, the company will execute accepted orders promptly, 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 be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation for damages.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.

If delivery of an ordered product proves impossible, the trader will make efforts to make a replacement product available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shall be for the account of the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and notified to the trader, unless expressly agreed otherwise.

Article 12 – Continuing performance transactions: duration, termination and renewal

Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into by them;
always terminate with the same notice period as the trader has stipulated for itself.

Renewal
A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of a maximum of three months, provided the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.

A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the event the contract extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

A contract with a limited duration for the introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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 by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law, even if the consumer is resident abroad.

Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the "Amendment to the Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)" and the associated implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.