General conditions

Terms and conditions for Fjallvila Roof tents

1. General

1.1 These General Terms and Conditions apply to all offers, agreements, deliveries and services of FjällVila Rooftop Tents B.V. trading under the trade names RoovX, FjällVila rooftop tents, fjallvila.nl, fjallvila.eu (hereinafter referred to as “Seller”, “we”, “us” or “our”). which a consumer or entrepreneur (hereinafter referred to as “Customer” or “Buyer”) concludes with the Seller with respect to the goods offered by the Seller in its online shop. Unless otherwise agreed, the applicability of general terms and conditions of the Customer is hereby rejected.

1.2 By placing an order or using our products and services, the customer agrees to these terms and conditions. If the customer does not agree, he should not use our products and services.

1.3 Seller reserves the right to modify these terms and conditions at any time. Changes are effective as soon as they are published on our website.

2) Formation of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute a binding offer by the Seller, but serve to make a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After the customer places the selected goods in the virtual shopping cart and completes the electronic ordering process, by clicking on the button that concludes the ordering process, the customer makes a legally binding contract offer regarding the goods contained in the shopping cart. In addition, the customer can also submit the offer to the seller by phone, email, whatsapp or through the online contact form.

2.3 The seller may accept the Customer’s offer within five days:

• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), the customer’s receipt of the order confirmation being decisive, or
• by delivering the ordered goods to the customer, the receipt of the goods by the customer being decisive, or
• By asking the customer to pay after he places his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after sending the offer. If the vendor does not accept the customer’s offer within the aforementioned period, this shall constitute a rejection of the offer with the consequence that the customer shall no longer be bound by his will.

2.4When submitting a bid via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order is sent. The vendor will not make the contract text available thereafter. If the customer has created a user account in the seller’s online shop before placing his order, the order data will be archived on the seller’s website and can be accessed by the customer via his password-protected user account free of charge after providing the corresponding login data.

2.5 Before placing a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser’s magnification function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct his input using the usual keyboard and mouse functions until he clicks the button that closes the ordering process.

2.6 Order processing and contact are basically via e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties entrusted by the seller with order processing can be delivered.

2.7 All prices are stated in euros and include VAT, unless otherwise indicated

3. Delivery

3.1 Deliveries shall be made to the address provided by the customer, unless otherwise agreed. The risk of loss or damage passes to the customer at the time of delivery.

3.2 We make every effort to deliver orders within the specified delivery time. However, delivery times may vary depending on stock, availability and external circumstances such as delays by delivery services. Delays do not entitle the customer to compensation.

4.3 If a product is temporarily out of stock, we will inform the customer of the expected delivery time. The customer can then choose alternative delivery or cancel the order.

4.4 Delivery will be made by a third party delivery service chosen by us. We are not responsible for delays or damage caused by the delivery service.

5. Right of Withdrawal and Return Terms.

• A purchase agreement concluded online between a private purchaser and FjällVila is subject to the Distance Selling Act as stipulated in Dutch (consumer) law.
  • From the moment the ordered goods are at your disposal, you have 14 days for reflection. If you choose to pick up your online order physically, the cooling off period commences at the time of pick up or 5 days after being ready for pick up, whichever comes first.
  • During the cooling-off period, you may inspect and evaluate the product, but not fully put it into use if you are not yet sure if you want to keep the product.
  • During the 14-day cooling-off period, you can cancel the purchase without giving any reason and exercise your right of withdrawal.
  • To rescind the purchase, please use the return form or send an email to hello@fjallvila.nl indicating that you are exercising your right of rescission, provided with your details as provided at the time of purchase and the corresponding order details.
  • After invoking your right of withdrawal, you have 14 days to return the product.
  • Returns must be made in original packaging and condition including all accessories, including manuals and assembly materials.
  • Returning an order is at the buyer’s expense and risk. (Please note that the transport costs for large products (such as a rooftop tent) can be considerable. From about €150,- within the Benelux to a multiple elsewhere in Europe). We always advise to take out an insurance for the transport.
  • Upon receipt, the goods will be inspected by us. When the return is received by us in good order, the full purchase amount, including the cost of the most advantageous delivery option will be refunded to the means of payment known to us with which you placed the order. The refund will be made as soon as possible, but no later than 10 days after you have notified us that you are exercising the right of withdrawal, subject to the items having been handed over to us.
  • Should the product be damaged or the packaging damaged more than necessary to evaluate the product, we may pass this depreciation of the product on to you. So please treat the product with care and make sure it is properly packaged when returning it.
  • Returns that do not meet the conditions for revocation (such as signs of use or damage) may be refused by us or only partially credited.
  • This right of withdrawal applies only to consumers and not to business customers.
  • In case of delivery of a defective product or an incorrect delivery, the return costs shall be borne by us. The customer must notify us of the defective or faulty delivery within 7 days of receiving the product.

6. Warranty and Liability

6.1 FjällVila performs the agreed deliveries properly and in accordance with the standards applicable in its industry, but never provides a warranty beyond that expressly agreed.

6.2 The standard manufacturer’s warranty on a FjällVila roof tent is 1 year. The manufacturer’s warranty covers material, production and construction defects.

6.3 When purchasing through fjallvila.co.uk, fjallvila.eu, roovx.co.uk, roovx.eu or in FjällVila’s showroom, the manufacturer’s warranty period is voluntarily extended to 3 years and the buyer expressly agrees to the terms and conditions mentioned in 6.4

6.4 If, during the extended warranty period, a defect falls under the warranty and repair is economically unjustified or the product must be considered lost, the buyer expressly agrees that in the event of production, material or construction defects coming to light after the expiration of the standard warranty period, a customary rental fee based on an average period of use of 4 weeks per year (regardless of actual use) will be charged from the date of purchase. The usage fee is calculated per calendar day from the date of purchase. The following rate is charged per calendar day: 0.0009 x invoiced purchase value incl. VAT. (or 0.9 per mil of the purchase amount). If applicable, Seller will take back the product and refund the full purchase amount less the rental fee. If buyer wishes to keep the product despite the defect, half of the amount as shown above (purchase amount minus rental fee) will be paid as compensation.

6.5 Not covered by the warranty are: normal wear and tear that occurs during use, damage due to improper use or installation, defects due to extreme weather conditions, including exposure to high winds or prolonged heat, defects in zippers and mounting materials, damage due to improper storage (including mold growth due to inadequately ventilated storage), minor and easily repairable defects that are unavoidable due to the nature of the product. S

6.6 Warranty will be void if modifications or repairs have not been made by us, or by a party designated or approved by us in consultation.

6.7 Warranty claims shall be submitted to Seller by mail (hello@fjallvila.nl) as soon as possible, but no later than 10 days after discovery of the defect. This mail shall contain the following components: The original order or invoice number with which the product was purchased, a clear description of the detected defect and, if possible, some photos or a video file showing the detected defect.

5. The warranty is a carry-in warranty. This means that the product is physically presented by the customer for repair at the seller’s business address, unless otherwise agreed. If repair or replacement can easily be carried out by the buyer and the buyer prefers this, the seller will provide the buyer with the necessary parts free of charge.

6.3 Seller is not liable for any kind of damage resulting from the use of our products.

6.4 Where the seller does have liability for any consequential damages, liability shall at all times be limited to the amount paid by the buyer for the product in question.

7. Intellectual Property

7.1 All content on our website, including but not limited to text, graphics, logos, product designs, and other materials, are the property of Fjallvila and are protected by intellectual property rights.

7.2 The customer may not copy, reproduce, adapt, distribute or otherwise use any material on our website without Fjallvila’s prior written consent.

8. Privacy and Data Protection

8.1 Seller collects and processes personal data of its customers in accordance with the General Data Protection Regulation (GDPR). For more information please refer to our privacy policy on the website.

8.2 We collect personal data necessary for processing orders, delivering products and maintaining customer relations. Customers have the right to request access to, correction of or deletion of their personal data.

8.3 We will never share the customer’s personal data with third parties unless it is necessary for the performance of the agreement or required by law.

9. Applicable Law and Disputes.

9.1 These general terms and conditions are governed by Dutch law.

9.2 All disputes arising out of or in connection with the agreement will be submitted to the competent court in the Netherlands, unless mandatory consumer legislation requires otherwise.

10. Final Provisions

10.1 If one or more provisions of these general terms and conditions are found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. We will replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the original intent.

10.2 These terms and conditions constitute the entire agreement between the customer and Fjallvila and supersede all previous agreements, whether written or oral.