Terms and Conditions TRY & BUY
This is an agreement between Ruby Essentials and you to enter into a subscription to rent one of the following products:
- Ruby Essentials IPL Genie
- Ruby Essentials Cat Genie
- Ruby Essentials Pet Genie
- Ruby Essentials Fuzz Genie
Hereinafter referred to as (“Product”).
You can only rent a Product if you have accepted these conditions. To lease a Product you must be at least 18 years or older and live in the Netherlands or Belgium. It is only permitted to rent one Product per person or address.
Ruby Essentials uses a third party (“Service Provider”) to perform the services under this agreement, including to collect payments on behalf of Ruby Essentials. Your agreement is not transferred to this Service Provider.
1. Ruby Essentials
This agreement is brought to you by Ruby Essentials. If you need us, you can contact us via:
Telephone: +31 6 47 174 690
Monday to Friday 9:00 AM - 7:00 PM
Saturday from 11:00 AM - 5:00 PM
Closed on Sundays and national holidays.
Chat: click here
2. Agreement
On our website https://www.rubyessentials.nl (“Web Site”) you can find the Products to which you can subscribe, as well as the term of the agreements and the one-off and/or periodic costs to be paid by you. After you have selected your choice, you can place the order with us. When you have received the confirmation email from us that your order has been accepted and shipment has been confirmed, the agreement is concluded and the term of the agreement commences. By clicking the “Accept” box before placing the order, you agree to be bound by all the terms and conditions in this agreement. Ruby Essentials entering into an agreement is at our discretion. Ruby Essentials reserves the right not to enter into an agreement (among other things) in the event of suspected fraud, or if there are no more Ruby Essentials products in stock.
3. Withdrawal
After entering into this agreement, you have the unilateral right to withdraw from the agreement within 14 calendar days from the moment you received the Product. Within this withdrawal period, you can withdraw from the Agreement free of charge without giving reasons, but you may not use the Product during this period for longer than necessary to test the functioning of the product.
To revoke the agreement, you can contact our customer service, reachable via the details mentioned in Article 1. Contact us to create a return label with which you can return the Product. You must return the Product within 14 days after you have reported your return to us. If you have already made payments, these will be refunded to you by Ruby Essentials within 14 calendar days after you have provided proof that you have returned the Product to us or that we have received the Product back, whichever is earlier. Ruby Essentials reserves the right to withhold reimbursement until we have received the Product back.
If you have used the Product, we may charge you a full installment amount. The costs for returning the Product will be borne by Ruby Essentials.
4. Price and payment
The (periodic) amounts are stated on the Web Site. The amounts are in Euro and include VAT and delivery costs. The amount will be charged in advance. For recurring payments, you will be charged prior to the first day of your applicable term.
The amounts will be charged via our Service Provider and charged by direct debit to the same payment card or account from which the first payment was made, or via another method that you select on our website. Your payment to the Service Provider serves as a liberating payment to Ruby Essentials with regard to the Lease.
If we do not receive the payments due on time, Ruby Essentials may charge you for any additional costs we incur in relation to your late payment (for example reasonable collection costs and interest). If you have not paid an amount on time, Ruby Essentials will send you 1 reminder to pay. If you do not pay within the given period, we may terminate your Agreement with immediate effect. You must then return the Product within 7 working days. If Ruby Essentials does not receive the Product within this period, we may charge you the regular sales price that applies at the time of concluding your Agreement in the Web Shop minus amounts already paid.
5. Delivery
The Product will be delivered to the address you provided to us when ordering. We can only deliver the Product in the Netherlands. We are not responsible if we are unable to deliver the Product because you have given us the wrong address details. The specified delivery times are always only an indication and depend on the circumstances, you cannot derive any rights from them and we are under no circumstances liable if we do not meet this delivery time.
6. Use of the product and defects
The Product is for personal use only and cannot be used for commercial purposes. Ruby Essentials guarantees that the Product will function properly as long as you use it in accordance with the instructions for use that we provided to you upon delivery. Ruby Essentials is not liable for damage caused by the Product if it has not been used in accordance with the instructions for use.
If the Product has a defect and therefore does not function properly, Ruby Essentials will send you a replacement Product as soon as possible. If it turns out that the defect is caused by incorrect use, Ruby Essentials may charge you for this as described in article 9.
7. Ownership
The Product is and will at all times remain the property of Ruby Essentials. Ownership is therefore not transferred to you through delivery or payment of one-off or periodic amounts.
By entering into this agreement, you agree not to invoke any rights to the Product and not to (re)sell, rent or in any other way (whether or not for payment) give the Product to a third party for a period of the term of this agreement.
In the event that you would like to purchase the Product during the term of this agreement, you can contact customer service where you will find more information about purchasing and the purchase price. You can purchase the Product during your subscription at fair market value.
8. Warranty
If you decide to purchase the Product during your subscription, your applicable warranty period will start on the commencement date of your subscription, but will never be less than the minimum statutory consumer warranty period under applicable law.
When purchasing the Product under this agreement, you cannot take advantage of any promotion, money-back guarantee, cashback promotion or other promotion relating to the Product in combination with the purchase, this also applies to the promotion relating to to the extended warranty offered in the product packaging.
9. Loss, theft or damage
In the event of loss, theft or damage, you must immediately notify Ruby Essentials by email (see article 1). The cost of replacing a lost, stolen or damaged Product is equal to the sales price of the Product as stated in the Web Shop at the time of concluding your agreement. If you lose or damage the Product in any way or the Product is stolen, we may charge you your sales price less any amounts paid to date.
10. Shortcoming
In the event of a failure to comply with your obligations under this agreement (including failure to make payments on time after receiving a reminder), you agree that Ruby Essentials may terminate this agreement with immediate effect and without notice of default and you may charge all outstanding amounts, including periodic amounts, in one go.
11. Term and Termination
The agreement is entered into for the minimum term as chosen by you on the Web Site, starting from the moment Ruby Essentials receives confirmation of your payment. Thereafter, the agreement will be automatically renewed for a new term as stated on the Web Site. After the minimum term, you can terminate the agreement before starting a new term by contacting customer service and submitting the request to terminate the agreement. Please note, Ruby Essentials only definitively terminates the agreement when we have received the Product back. Your cancellation and your Product must be received at least 2 working days before the start of a new term, otherwise we will not be able to process the termination of the agreement in time and we will be forced to charge an additional term.
Ruby Essentials may terminate this agreement at any time, without giving reasons, with 1 month's notice.
12. Return of the product
After termination of the agreement, you must return the Product to us. Please contact customer service to download a return label. Until Ruby Essentials has received the Product back, we cannot terminate the agreement and we will continue to charge you the same periodic amounts as before termination.
13. Liability
Ruby Essentials' maximum liability under this agreement is limited to the sum of the payments you have made to us in the 3 months prior to the circumstances that caused the damage. However, Ruby Essentials will not be liable for any special, incidental, indirect or consequential damages, including loss of income, loss of profits and/or damage to reputation.
Your legal rights as a consumer in the country where you live are of course not affected by this limitation of liability.
14. Privacy
To know how and what personal data Ruby Essentials collects, read the privacy statement that is part of this agreement.
15. Other
This Agreement constitutes the entire agreement between you and Ruby Essentials. An amendment to the agreement is only valid if it is recorded in writing and signed by both you and Ruby Essentials.
In the event that one or more provisions of the agreement are or become invalid, this will not affect the validity of the other provisions of the agreement and the agreement as a whole. The parties will then make every effort to replace the invalid provision with a valid provision, which in terms of economic consequences comes closest to the original intention of the parties.
This agreement and all future agreements related to this agreement, such as any purchase agreement under this agreement, are exclusively governed by Dutch law. Disputes will be submitted exclusively to the competent court in the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Complaints can be submitted by telephone, e-mail or post as indicated in article 1. Ruby Essentials will always try to resolve complaints properly. However, if your complaint does not lead to a solution, it is possible to register your dispute with the dispute committee of the European Union. The platform can be reached via the following link: ec.europa.eu/consumers/odr