The General Conditions of Sale.
The most boring part of the website.
RYTM BV which conducts business under the name ´Rytm´, with registered office established at Pyckestraat 48a, 2018 Antwerp and with enterprise number 0778.712.040, offers its buyers the possibility to purchase clothing (hereafter the ´Article´ and/or the ´Goods´) by e-mail.
These general conditions of sale (´the Conditions´) apply if the Buyer (´Buyer´) is a natural or legal person who acquires or uses the delivered goods or services exclusively for non-professional purposes, i.e. private individuals. The Conditions apply to each Article that is purchased and constitute an integral part of the agreement between Rytm and the Buyer, with exclusion of the Buyers own conditions. These Conditions can only be departed from expressly and in writing. The Buyer is asked to read through this document carefully before placing an order. Each user can save these conditions electronically and/or print them out from the website https://rytm.cc/, as well as having them sent by e-mail.
By entering into an agreement with Rytm (and by paying an advance), the Buyer declares that he accepts the Conditions.
Should one or more provisions in these general conditions prove not to be legally valid, the other provisions of these general conditions shall continue to apply in full.
2.1 If the Buyer wishes to place an order, Rytm shall process the Buyers personal data in accordance with the applicable privacy and data protection regulations. As of 25 May 2018, Rytm shall strictly comply with the European General Data Protection
2.2 A contract will be concluded, and Rytm is legally obliged to deliver the Article to the Buyer when Rytm accepts the Buyer's order. Acceptance takes place when Rytm expressly accepts the Buyers order in an e-mail sent to the latter, in the form of a document called an "order confirmation" ( Confirmation ), in which acceptance of the order is confirmed and which contains the order form ( Order Form ). Apart from an explicit communication in which Rytm accepts the order, each e-mail, letter, fax, or other form of confirmation of receipt relating to the order is purely informational and does not apply as a Confirmation. Rytm can at its own discretion refuse to accept the order for whatever reason, including non-availability of the Articles, or offer the Buyer an alternative Article (in which case the Buyer may be asked to place the order once again).
2.3 The Confirmation must be regarded as definitive and binding as of the moment that it is sent by Rytm. Without affecting the Buyers payment obligation, Rytm can send the Buyer an invoice at any time after Rytm has accepted the order. The Buyer accepts the fact that he will receive his invoice exclusively electronically, without prejudice to his right to request a paper copy within at most five (5) days after receipt of the electronic invoice. Until the moment that Rytm has accepted the order, Rytm reserves the right to refuse to process the order and the Buyer retains the right to cancel the order. If the Buyer or Rytm cancelled the order before Rytm accepts it, Rytm shall as quickly as possible reimburse any payment already made to Rytm for the Order of the Article by the Buyer or by his credit or debit card institution.
2.4 If the Buyer, after placement on Rytms website, discovers that he made an error in his order, he must contact by e-mail: email@example.com
3.1 Regardless of the price that you may have seen and/or heard elsewhere, as of the moment that you indicate an Article that you wish to order, how much the costs amount to (the Price) will be specified in the offer. All Prices are always VAT exclusive and any other taxes that must be borne by the Buyer. The delivery and any other costs are mentioned separately. If the Price of the order changes before Rytm accepts the order, Rytm shall contact the Buyer and ask for confirmation that the latter wishes to maintain the order at the adapted price.
3.2 The Price specification applies exclusively to the Goods such as it is literally described on Rytms website. The accompanying photo is decorative and may contain elements or Goods that are not included in the Price.
3.3 Rytm accepts the following methods of payment: credit card, Apple pay, bank transfer and/or other payment methods in so far as they are announced by Rytm in the offer. In case of payment via bank transfer, Rytm will provide its bank details by e-mail. The following credit cards are accepted: Visa, Mastercard and American Express. The name of the holder of the account must match the name of the person who places the order. Payments in cash are not accepted.
4.1 After confirmation of the Payment by Rytm to the Buyer, the Goods will be provided to the Buyer in accordance with the delivery method chosen by the Buyer.
4.2 The Goods are delivered within the delivery period such as stated on the Order Form, taking into account the usual tolerances intrinsic to the nature of the industry or trade. Departures from the delivery period indicated on the Order Form shall not give rise to damages or dissolution of the agreement, except in the event of a fault imputable to Rytm. Rytm shall attempt to keep the Buyer informed when it foresees that it will not be able to meet the estimated delivery date, but Rytm is, in so far as legally allowed, not liable for loss, liability, value, damage, expenses or expenditures that derive from a late delivery.
4.3 The Goods are delivered to the delivery address mentioned in the Order Form. The Buyer must take account of the fact that it may prove to be impossible for Rytm to deliver to certain locations. If that is the case, Rytm shall inform the Buyer using the contact details that the Buyer furnished to Rytm when the Buyer placed the order. Rytm will do its best to cancel the order free of charge or to assure delivery to an alternative address.
4.4 The Buyer accepts that the colours of the Goods may deviate slightly from the colours on the photo that is displayed on the Customers computer screen. Also, the size of a logo, line or figure may deviate slightly from the size on the photo that is displayed on the Customers computer screen. Each visible defect of the Article or lack of conformity must be mentioned on the delivery note and then be reported by the Buyer, in the absence of which the delivery shall be regarded as having been accepted.
4.5 All risks associated with the Article will transfer to the Buyer upon delivery, unless the delivery is delayed as a result of violation of certain contractual obligations by the Buyer, when the risk will transfer to the Buyer on the date that the delivery should have taken place absent violation of obligations by the Buyer. Once the risk has transferred to the Buyer, Rytm rejects all liability in the event of loss or destruction of the Article.
4.6 The Buyer declares that he is available to receive the Article in a suitable manner, without unnecessary delay and at any time reasonably specified by Rytm. If the Buyer is not available for receipt or pickup, Rytm can leave behind a notification for the Buyer bearing instructions about a second delivery attempt or pickup at the transport company.
If delivery or pickup is delayed by the Buyers unreasonable refusal to receive the delivery or if the Buyer does not accept the delivery or pickup at the transport company (within two weeks following the first attempt to provide the Article to the Buyer), then Rytm, without prejudice to any other right or other measure that it possesses, can charge the Buyer fair storage costs and other costs reasonably incurred by Rytm.
4.7 Rytm is entitled to deliver the Goods in parts, unless agreed otherwise or the partial delivery has no independent value. Rytm is entitled to invoice what is thus delivered separately.
In case of the delivery of goods produced according to the consumer’s specifications, or which are clearly intended for a specific person, the Buyer has no right to cancel the purchase.
6.1 The Buyer is obliged to inspect (or to have inspected) for correctness what is delivered at the time of delivery, or in any case within the shortest possible period. In doing so, the Buyer must verify whether the quality and quantity of what is delivered correspond to what was agreed.
6.2 Latent defects must be reported in writing to Rytm by the Buyer within 60 days after delivery. Complaints relating to latent defects will no longer be accepted after this period. Moreover, the Buyer must inform Rytm of the latent defect in writing within 30 days of it having been discovered.
6.3 Custom orders; If the Buyer refuses an order, cancels the contract, or no longer wishes to execute the contract, he must pay damages of 15% of the total amount of the agreement, with a minimum of €275, without prejudice to Rytm s right to demand forced execution of the agreement and without prejudice to Rytm s right to prove greater damage and to claim corresponding damages. As of the date of the formal notice of default of payment of this damage, a late-payment interest at the legal interest rate shall be owed on the amount of the damages. The Buyer possesses the same possibility if Rytm refuses to deliver an order, cancels the contract, or no longer wishes to execute the contract.
6.4 The Buyer can claim damages in the event that Rytm fails to fulfil its obligations as a result of fraud and/or intentional fault and/or an imputable breach. In all other cases Rytm is not liable. The damages shall in any case be limited to an amount equal to at most twice the value of the agreement excluding costs, such as this appears from the corresponding invoice. Indirect damage does not qualify for compensation.
7.1 If the Buyer has a bicycle accident during the first two years after the purchase date of the Articles, he receives a discount of fifty percent (50%) on the purchase price of a following purchase via the website. The discount is granted on condition that the Buyer sends the earlier purchased Goods to Rytm and he places a minimum order for a purchase amount of 100 euros ( crash replacement ). No discount is owed in case of fraud, intentional fault or an imputable breach on the part of the Buyer.
8.1 The Buyer must pay the Price and the additional costs (such as the administration and the delivery costs) in full at the time when the order is placed. The Buyer must provide to Rytm the details of a credit or debit card coming from a credit or debit card institution that is acceptable by us . Rytm requires this information in order to be able to process the order. The Buyer can also pay in any other manner that is accepted by Rytm, but Rytm is not obliged to deliver the Goods before it has received full payment. On the basis of the results of a credit check, Rytm reserves the right not to use certain payment methods and to refer the Buyer to one of our other payment methods.
8.2 If the Buyer is asked for the details of his payment card, he must possess the full authority for use of this card or account. There must be a sufficient credit balance on the card or account to cover the requested payment.
8.3 The Buyer undertakes that all details which he passes on to Rytm for the purchase of one of the Goods are correct, that the credit or debit card or the account or other payment method that the Buyer uses belong to him and that the Buyer possesses a sufficient credit balance or credit facilities to cover the costs of the Article. Rytm reserves the right to validate the Buyer s payment details before delivering the Article to the Buyer.
8.4 In case of untimely payment, the Buyer shall owe - ipso jure and without notice of default - late-payment interest on the outstanding invoice amount. This late-payment interest corresponds to the interest at the legal interest rate.
Moreover, in that case the Buyer shall owe to Rytm liquidated damages of 10% on the outstanding invoice amount, with a minimum of 30 euros per invoice.
8.5 Any agreed discount lapses in the event of untimely payment.
8.6 If Rytm does not fulfil its obligations, the Buyer is entitled to demand a compensation in accordance with the common law.
8.7 Complaints about an invoice sent by Rytm to the Buyer must be communicated to Rytm in writing, with specification of the reasons, and must be received by Rytm within fourteen days after the invoice date, in the absence of which the Buyer is deemed to have approved the invoice.
8.8 Notwithstanding what is provided in the law, invoices of Rytm are exigible immediately and without formal notice of default as soon as the Buyer in any way loses the power to freely dispose of his assets. In that case, Rytm is also entitled to dissolve the agreement wholly or partially, whereby the Buyer is obliged to compensate the damage and lost profit suffered by Rytm.
9.1 So long as Rytm has any amount that it can claim from the Buyer, all of the Goods delivered by Rytm remain Rytm's property, even in so far as they have been settled by the Buyer. By placing an order, the Buyer expressly declares his agreement with the reservation of title.
9.2 As long as this reservation of title applies the Buyer is prohibited from selling, renting out or exchanging the delivered Goods, giving them to others to use, pledging them or removing them from the space in which they are located.
9.3 The Buyer shall immediately communicate in writing that Rytm is the owner of the Goods to any third party that imposes attachment or otherwise enforces rights on the Goods with respect to which a reservation of title applies.
9.4 The Buyer undertakes to insure the Goods delivered under reservation of title and to keep them insured against fire, explosion, and water damage, as well as against theft, and it shall allow this insurance policy to be inspected at first request.
10.1 If the Goods to be supplied do not correspond to the agreement, Rytm shall, at its option, replace or arrange for repair of the Goods within a reasonable period after receipt thereof. In case of replacement, the Buyer already now undertakes to return the replaced Article to Rytm and to transfer the ownership to Rytm. However, Goods cannot be returned if they were already used and signs of wear and tear have developed as a result of which the Article no longer corresponds to the agreement.
10.2 The hereby mentioned warranty does not apply when:
a. a latent defect was not communicated in writing to Rytm within 30 days after it was discovered or reasonably could have been discovered.
b. the Article in which a defect has arisen was used incorrectly, improperly or for some purpose other than that for which it is intended.
c. changes and/or repairs were made by the Buyer without Rytm's advance approval.
10.3 If the warranty provided by Rytm concerns an Article that was produced by a third party, the warranty is limited to that which is provided by the manufacturer in the specific case.
11.1 The parties are authorised to suspend fulfilment of the obligations or to dissolve the agreement, if:
a. a party does not fulfil the obligations deriving from the agreement, or only incompletely.
b. after conclusion of the agreement a party learns of circumstances that give good reason to fear that the Buyer will not fulfil his obligations. In the event that a good reason exists for fearing that the other party will fulfil only partially or improperly, the suspension is only allowed in so far as the shortcoming justifies it.
11.2 Furthermore, each party is authorised to dissolve the Agreement or to have it dissolved if circumstances arise that are of such a nature that fulfilment of the agreement becomes impossible or in accordance with criteria of reasonableness and fairness can no longer be demanded or if otherwise circumstances arise that are of such a nature that unmodified maintenance of the agreement cannot be reasonably expected.
11.3 If the agreement is dissolved, the claims of the party invoking the dissolution become immediately exigible. If a party suspends fulfilment of the obligations, it retains its claims deriving from the law and the agreement.
12.1 If Rytm is liable for direct damage, this liability is limited to a maximum of the invoice amount of which the defective Article forms a part.
12.2 By "direct damage" is exclusively understood:
a. the reasonable costs for determining the cause and the scope of the damage, in so far as the determination relates to damage within the meaning of these conditions;
b. any reasonable costs incurred in order to enable the defective work of Rytm to satisfy the agreement, unless this defect cannot be imputed to Rytm;
c. reasonable costs incurred to prevent or limit damage, in so far as the Buyer demonstrates that these costs led to limitation of direct damage as understood in these general conditions.
12.3 Rytm is not liable for indirect damage, including consequential loss and lost savings.
12.4 Rytm is not liable for damage of whatever kind due to the fact that Rytm proceeded on the basis of incorrect and/or incomplete data furnished by the Buyer, unless this incorrectness or incompleteness should have been evident to Rytm.
12.5 The limitations on liability for direct damage included in these conditions shall not apply if the damage is attributable to intent or gross negligence on the part of Rytm or its subordinates.
13.1 The parties are not obliged to fulfil any obligation if they are impeded from doing so as a result of a circumstance that is neither their own fault nor imputable to them pursuant to the law, a legal act or generally accepted practices. By this is understood all external causes, foreseen or unforeseen, over which Rytm can exercise no control, yet as a result of which Rytm is unable to fulfil its obligations, including strikes or industrial actions affecting Rytm.
13.2 Rytm also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment arises after Rytm should have fulfilled its obligation.
13.3 The parties can suspend the obligations deriving from the agreement during the period in which the force majeure continues. If this period goes on for longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate harm suffered by the other party.
13.4 To the extent that Rytm, at the time of the occurrence of force majeure in the meantime has partially fulfilled its obligations deriving from the agreement or will be able to fulfil them, and independent value is attributable to the fulfilled (or to be fulfilled) part, Rytm is entitled to separately invoice the already fulfilled (or to be fulfilled) part. The Buyer is obliged to settle this invoice as if it were a separate agreement.
14.1 As controller, with contact details as mentioned above, Rytm shall strictly comply with the applicable regulations concerning the protection of the Customer s personal data. The Customer s personal data will only be processed for the purposes established in these conditions and in so far as this is necessary for the execution of this agreement.
14.2 The Customer s personal data will be automatically deleted from Rytm s databases after ten (10) years, unless the Customer gives written consent for their continued use.
14.3 The Customer has the right to ask Rytm for access to and rectification or deletion of the personal data or limitation of the processing concerning him, as well as the right to object to the processing and the right to data portability. In order to exercise such a right, a copy of the front side of the Customer s identity card must be submitted. If the Customer has further questions or complaints about the exercise of these rights, he can always obtain further information from Rytm. The Customer also has the right to file a complaint with a supervisory authority, which in Belgium is the Commission for the Protection of Privacy (CPP – the “Privacy Commission”) and which is being renamed the “Data Protection Authority”.
15.1 The Buyer can decide to settle a dispute concerning the agreement extrajudicially by means of an online dispute resolution (ODR) procedure. Via the mentioned ODR platform the Buyer can complete an electronic complaint form, which is then passed on to the addressee at the following e-mail address firstname.lastname@example.org. The mediation via the ODR platform takes place on a voluntary basis and without prejudice to the right of the Buyer and Rytm to submit the dispute to the courts. More information about this dispute resolution method can be obtained via the following link http://ec.europa.eu/odr.
15.2 To the extent that the parties do not succeed in resolving their dispute extrajudicially, all disputes deriving from the present agreement shall be settled exclusively by the courts of appeal and tribunals of Antwerp, Antwerp department, with exclusive application of Belgian law.