General Terms and Conditions of Real Solutions Haarlem B.V.
Consolidated version 28-08-2026
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Article 1. General
1.1 These General Terms and Conditions apply to all legal and commercial relationships, including future relationships, between Real Solutions Haarlem and the Customer, unless the parties have expressly agreed otherwise in writing.
1.2 These General Terms and Conditions replace any previous general terms and conditions issued by Real Solutions Haarlem.
1.3 Real Solutions Haarlem is entitled to amend these General Terms and Conditions. Amended terms and conditions apply to agreements concluded from the effective date of the amendment. For continuing agreements, Real Solutions Haarlem may also declare amended terms and conditions applicable during the term of the agreement. The Customer will be informed at least 30 days in advance. If an amendment materially adversely affects the position of the Customer, the Customer may terminate the relevant continuing agreement in writing before the effective date of the amendment, unless the amendment is required due to applicable laws or regulations.
1.4 These General Terms and Conditions shall be interpreted in accordance with Dutch law. If one or more provisions are null and void, voidable or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
1.5 Real Solutions Haarlem supplies exclusively to Customers acting in the course of a profession or business. These General Terms and Conditions apply exclusively to business-to-business agreements and are not intended for agreements with consumers.
Article 2. Personal Data
2.1 Real Solutions Haarlem processes the Customer’s personal data solely in accordance with its privacy policy. Personal data will only be shared with third parties insofar as this is necessary for the performance of the agreement, including logistics, payment, IT and service, or where Real Solutions Haarlem is legally required to disclose such data.
2.2 Real Solutions Haarlem processes personal data in accordance with applicable laws and regulations.
2.3 The parties shall inform each other without undue delay of suspected security incidents that may be relevant to the performance of the agreement and shall reasonably cooperate with investigations, mitigation of consequences and legally required notifications. Where applicable, further data protection arrangements are set out in the Data Processing Agreement, which forms part of these terms and conditions.
Article 3. Use of the Website and Webshop
3.1 The website and webshop are operated and managed by Real Solutions Haarlem B.V. (hereinafter: Real Solutions Haarlem), Chamber of Commerce number 55022944, with its registered office at A. Hofmanweg 75, 2031 BH Haarlem, the Netherlands, telephone +31 (0)88 927 72 77, e-mail info@rshaarlem.com. The same e-mail address may be used for legal notices and questions regarding these terms and conditions.
3.2 The user declares that they have received the information and advice reasonably necessary to use the website correctly. The website is accessible at https://shop.rshaarlem.com/.
3.3 To use certain products and services, the user must identify themselves and will receive a username or e-mail address and password. The user is responsible for maintaining the confidentiality of their login credentials and for their use. If there is any doubt regarding the confidentiality of the password, the user must immediately notify Real Solutions Haarlem via info@rshaarlem.com.
3.4 The user is responsible for providing the technical and organisational resources required to connect to and use the website and webshop.
3.5 Real Solutions Haarlem is entitled to amend the rules and conditions relating to the use and functionality of the website and webshop. Amendments affecting agreements already concluded will only be applied in accordance with Article 1.3 of these General Terms and Conditions.
3.6 Additional rules and guidelines published by Real Solutions Haarlem for the use of the website or webshop form part of these terms and conditions insofar as they relate thereto. The most recent version is available at https://shop.rshaarlem.com/conditions.php.
3.7 The user shall provide accurate, current and complete information and keep such information up to date where necessary. If the user fails to do so, Real Solutions Haarlem may suspend or terminate the account or deny access to the website or parts thereof.
3.8 When using the website and webshop, the user is not permitted to:
- post, access, transmit or distribute unlawful, harmful, threatening, misleading, intimidating, defamatory, obscene, discriminatory or otherwise inappropriate content;
- use or distribute content in violation of applicable national or international laws and regulations;
- unlawfully impersonate another person or company;
- infringe patents, trademarks, trade secrets, copyrights or other intellectual or proprietary rights of third parties;
- distribute unsolicited or unauthorised advertising, spam, chain letters or other forms of unsolicited commercial communication;
- distribute viruses, malicious code or other software that may disrupt, damage or restrict software, computers, networks or telecommunications equipment;
- disrupt the website, services, servers or networks or attempt to restrict access by other users;
- harass other users or collect or store other users’ personal data without a lawful basis.
3.9 Real Solutions Haarlem will use reasonable efforts to ensure that the website, webshop and functionality made available by it operate properly, securely and in accordance with applicable laws and regulations. Real Solutions Haarlem does not guarantee that the website or webshop will at all times be available without interruption, errors or technical defects.
3.10 The user acknowledges that the functions offered may change. Functions may be discontinued or added without the user acquiring any permanent right to access a specific function. Real Solutions Haarlem determines which content and functionality are offered on the website and webshop.
3.11 Real Solutions Haarlem may modify, restrict, temporarily suspend or terminate access to the website or webshop in whole or in part, including for maintenance, security or changes to services and functionality.
3.12 The limitations and exclusions set out in Article 9 of these General Terms and Conditions apply to the liability of Real Solutions Haarlem in connection with the use, availability, functioning, modification or interruption of the website and webshop.
3.13 The user is granted a non-transferable right to use the website and its content, limited to business use within the user’s own organisation. This right applies for the period during which the access credentials provided by Real Solutions Haarlem remain valid.
3.14 Pricing information, product feeds and other commercial data made available through the website, webshop or other electronic channels of Real Solutions Haarlem are confidential and intended exclusively for business use by the Customer. Such information may not be published, distributed, resold or otherwise made available to third parties without the prior written consent of Real Solutions Haarlem. Where Real Solutions Haarlem has expressly authorised the Customer to use or pass on product or pricing information, including through a product feed or API, such use is permitted within the conditions and for the purpose for which that permission was granted.
3.15 Information, logos, drawings, trademarks, models, slogans and other materials accessible through the website may be protected by intellectual and/or industrial property rights.
3.16 Unless Real Solutions Haarlem or the relevant third-party rights holder expressly grants permission, the user may not modify, reproduce, rent, lend, sell or distribute protected parts of the website or create derivative works from them.
3.17 The user may not copy, modify, decompile, reverse engineer or otherwise attempt to discover source code, nor sell, assign, sublicense or otherwise transfer to third parties any rights relating to the website and its content, insofar as such prohibition is permitted by law.
3.18 The user shall indemnify Real Solutions Haarlem against third-party claims arising directly from unlawful or unauthorised use of the website or webshop by the user, including the provision of harmful content, causing security incidents, unauthorised access to systems or infringement of third-party rights. This indemnity does not apply insofar as the relevant claim results from an attributable failure to perform or unlawful act by Real Solutions Haarlem. Article 9 applies to damage resulting from failures, cyber incidents, interruptions or reduced availability of the website or webshop.
Article 4. Retention of Title
4.1 Ownership of products shall, notwithstanding actual delivery, only pass to the Customer after the Customer has fully paid all amounts due under any agreement with Real Solutions Haarlem, including interest and costs and amounts relating to earlier or later deliveries and work performed or to be performed in connection with the products.
4.2 Notwithstanding Article 4.1, the Customer is entitled to resell or deliver onward products supplied subject to retention of title in the ordinary course of its business, provided that the Customer performs its obligations towards Real Solutions Haarlem fully and on time. Until ownership has passed, the Customer may not pledge the products, transfer them by way of security or otherwise encumber them for the benefit of third parties.
Article 5. Offers and Conclusion of Agreements
5.1 Offers or quotations constitute an invitation to the potential Customer to make an offer. Real Solutions Haarlem is not bound by them unless expressly and unambiguously agreed otherwise in writing. A response from the potential Customer constitutes an offer and only results in an agreement if the other provisions of this Article have been satisfied.
5.2 Offers are valid while stocks last, unless otherwise agreed in writing.
5.3 An offer by the Customer as referred to in Article 5.1 is deemed to have been made once the Customer places an order or assignment with Real Solutions Haarlem, including via the webshop, e-mail, telephone, an electronic ordering system or by accepting a quotation.
5.4 An agreement is concluded once Real Solutions Haarlem has confirmed the order to the Customer. Real Solutions Haarlem is entitled to suspend performance of the agreement or cancel the order in whole or in part if, after order confirmation, it becomes apparent that:
- the Customer has overdue payment obligations towards Real Solutions Haarlem;
- the order exceeds the Customer’s available credit limit or insufficient credit cover is available;
- there is reasonable doubt regarding the Customer’s creditworthiness or ability to pay;
- the Customer or order information provided is incorrect or incomplete;
- there is a reasonable suspicion of fraud, abuse or an unlawful transaction; or
- other circumstances arise as a result of which Real Solutions Haarlem cannot reasonably be required to perform the order under the agreed conditions.
Real Solutions Haarlem will inform the Customer of this as soon as reasonably possible.
5.5 The Customer and Real Solutions Haarlem agree that legally valid agreements may be concluded electronically once the conditions of Articles 5.3 and 5.4 have been satisfied. The absence of a handwritten signature does not affect the binding force of offer and acceptance. Electronic records of Real Solutions Haarlem may, insofar as permitted by law, serve as evidence.
5.6 Product information, images, specifications and other product data are displayed by Real Solutions Haarlem as accurately as possible. Minor deviations, including changes made by a manufacturer that do not materially affect the agreed functionality or usability of the product, do not entitle the Customer to terminate the agreement or claim damages.
5.7 After order confirmation, the Customer may cancel an order only with the written consent of Real Solutions Haarlem. Real Solutions Haarlem is entitled to charge cancellation costs of up to 25% of the agreed price. If the actual loss suffered and loss of profit are demonstrably higher, Real Solutions Haarlem is entitled to claim that higher amount instead. Cancellation costs and compensation for higher actual loss will not be charged cumulatively. For products specifically ordered or assembled for the Customer, or for which Real Solutions Haarlem has already entered into a binding or non-cancellable purchase commitment, cancellation is only possible if and to the extent that the relevant supplier or manufacturer agrees. Any cancellation, restocking, transport and other associated costs shall be borne entirely by the Customer.
5.8 Offers, quotations, price lists and other product, pricing and stock information of Real Solutions Haarlem, including information provided through webshops, portals, product feeds, APIs and electronic communications, are non-binding and may be changed in the interim unless expressly agreed otherwise in writing. Obvious errors or mistakes do not bind Real Solutions Haarlem.
5.9 Prices quoted by Real Solutions Haarlem are based on the cost prices applicable at the time of quotation and on freight and other costs known at that time. Installation, commissioning and demonstration costs, import duties, taxes, levies, exchange-rate differences, additional transport costs and insurance costs are not included unless otherwise agreed in writing.
Article 6. Prices
6.1 All prices are stated in euros excluding VAT, unless expressly stated otherwise.
6.2 The Customer owes the price stated by Real Solutions Haarlem in the order confirmation, subject to price adjustments under this Article and obvious errors or mistakes.
6.3 Shipping, transport and any other delivery costs are charged separately to the Customer at the rates applicable at the time of ordering, unless otherwise agreed in writing.
6.4 Promotional prices are valid only during the stated promotional period and while stocks last. No rights may be derived from such prices before or after that period.
6.5 If a price reduction is introduced after conclusion of the agreement, the Customer is not entitled to the benefit of that subsequent price reduction.
6.6 Real Solutions Haarlem is entitled to pass on to the Customer, on a one-to-one basis, changes in cost-price factors connected with the agreement, including labour costs, exchange rates, packaging costs, taxes, levies or the consequences of government measures and laws or regulations.
6.7 The Customer acknowledges that prices quoted by Real Solutions Haarlem, including after order confirmation, may be subject to cost-price changes resulting from demonstrable external circumstances beyond the reasonable control of Real Solutions Haarlem that directly affect the cost price. Real Solutions Haarlem is entitled to pass such demonstrable changes on to the Customer, including for products whose selling price is directly linked to fluctuating exchange rates, taxes, levies or other external price factors.
6.8 If a price stated by Real Solutions Haarlem is based on an obvious calculation, typographical or other evident error, Real Solutions Haarlem will inform the Customer as soon as reasonably possible after discovery and is entitled to apply the correct price.
6.9 Real Solutions Haarlem is partly dependent on suppliers and manufacturers for the delivery, availability and pricing of products. If, after order confirmation, demonstrable changes occur in production, availability, allocation, purchase prices, special-bid or project prices, or other supplier or manufacturer conditions that are beyond the reasonable control of Real Solutions Haarlem, Real Solutions Haarlem is entitled, only insofar as reasonably necessary, to adjust the agreed quantities, delivery dates and/or prices accordingly.
Article 7. Payment
7.1 Unless otherwise agreed in writing, the Customer must pay the invoiced amount within 14 days of the invoice date, without any right to discount, set-off or suspension.
7.2 If the Customer has not paid the invoiced amount in full upon expiry of the payment term, the Customer is in default by operation of law without any further demand or notice of default being required.
7.3 From the moment the Customer is in default, statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code is due on the outstanding amount, increased by 1.5 percentage points per year.
7.4 If the Customer is in default, extrajudicial collection costs shall be borne by the Customer. These amount to 15% of the outstanding amount. In addition, the Customer is liable for reasonable judicial costs and costs of legal assistance insofar as such costs may lawfully be charged to the Customer.
7.5 Payments made by the Customer shall first be applied to interest and costs due and subsequently to the due and payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice. For invoices bearing the same date, the payment will be allocated proportionally.
Article 8. Delivery, Delivery Time, Loss and Damage
8.1 Orders will be delivered as soon as reasonably possible. Stated or expected delivery times are indicative and do not constitute strict deadlines, unless expressly agreed otherwise in writing. If delivery is delayed, Real Solutions Haarlem will inform the Customer as soon as reasonably possible. Exceeding a stated delivery time does not automatically entitle the Customer to termination, cancellation or damages.
8.2 If a delivery is delayed, Real Solutions Haarlem will inform the Customer as soon as reasonably possible. Where available, an updated indication of the expected delivery time will be provided.
8.3 Shipments sent by Real Solutions Haarlem will, unless otherwise agreed, be offered at the delivery address specified by the Customer and may be sent with signature on delivery. Upon receipt, the Customer must check the number of packages and the packaging for visible transport damage before signing for receipt. Visible damage or missing packages must be recorded on the Proof of Delivery (POD) and reported to Real Solutions Haarlem within 24 hours. If it is visible or reasonably apparent that the contents have also been damaged in transit, the shipment must be refused.
8.4 The Proof of Delivery (POD) constitutes evidence of delivery of the number of packages stated on it. The risk of loss of or damage to the shipment passes to the Customer upon delivery. This does not affect the Customer’s right to report in a timely manner, in accordance with Article 8.5, a demonstrable shortage, an incorrect product or another discrepancy that already existed at the time of delivery.
8.5 Shortages, incorrect products or other discrepancies that could not reasonably have been established from the POD upon receipt must be reported to Real Solutions Haarlem within 3 working days after receipt.
8.6 If the Customer arranges the transport itself, engages its own carrier, or has the products collected from Real Solutions Haarlem by or on behalf of the Customer, the risk of loss and damage passes to the Customer at the moment the products are handed over to the Customer, its carrier or another third party designated by the Customer. Selection by the Customer of a standard shipping method offered by Real Solutions Haarlem does not constitute transport arranged by the Customer.
8.7 Exceeding a stated or expected delivery time does not entitle the Customer to damages. Article 9 applies to any liability of Real Solutions Haarlem in connection with delayed delivery.
8.8 Additional or different terms may apply to deliveries outside the Netherlands regarding, among other matters, transport, delivery times, import and export formalities, taxes, levies and costs. These terms will be made known to the Customer before or at the time the agreement is concluded. Unless otherwise agreed in writing, import duties, local taxes, customs-clearance costs and other costs arising outside the Netherlands upon import or delivery shall be borne by the Customer.
Article 9. Warranty and Liability
9.1 Products supplied by Real Solutions Haarlem are covered exclusively by the warranty provided by the relevant manufacturer, including the warranty period, conditions, limitations and handling procedure determined by the manufacturer, unless Real Solutions Haarlem has expressly provided an additional warranty in writing. In the performance of the manufacturer’s warranty, Real Solutions Haarlem acts solely as an intermediary and service point.
9.2 Insofar as Real Solutions Haarlem is liable for damage as a result of an attributable failure to perform or an unlawful act, such liability is limited exclusively to direct damage and in any event to no more than the invoice value of the product or service to which the liability relates. This limitation does not apply insofar as liability cannot be excluded or limited under mandatory law.
9.3 Real Solutions Haarlem is not liable for indirect or consequential damage, including in any event loss of profit, loss of turnover, business interruption, lost savings, loss of data, loss of use and damage resulting from third-party claims, except insofar as exclusion thereof is not permitted under mandatory law.
9.4 Without prejudice to the other provisions of this Article, there is no entitlement to warranty in the event of normal wear and tear. The Customer must be able to demonstrate that the relevant product was supplied by Real Solutions Haarlem, for example by means of an invoice, order or serial number.
9.5 There is no entitlement to warranty insofar as a defect is wholly or partly caused by incorrect, careless or improper use, use outside the specifications stated by the manufacturer, external causes such as fire, water, impact or transport damage, or unauthorised alterations, repairs or maintenance. Work carried out by the manufacturer, Real Solutions Haarlem or a service partner authorised by the manufacturer does not in itself cause the warranty to lapse. The applicable manufacturer’s warranty conditions are decisive when assessing a warranty claim, unless Real Solutions Haarlem has provided an additional warranty in writing.
9.6 The Customer shall indemnify Real Solutions Haarlem against third-party claims arising directly from acts or omissions by the Customer in breach of the agreement, these General Terms and Conditions or applicable laws and regulations, including incorrect or unauthorised use of supplied products or services, instructions provided by the Customer and data or materials supplied by the Customer. This indemnity does not apply insofar as the relevant claim results from an attributable failure to perform or unlawful act by Real Solutions Haarlem.
9.7 If a product falls outside the warranty or the damage is not covered by the applicable warranty conditions, the Customer will receive a quotation in advance for repair and any related costs. If the Customer does not accept the quotation, the Customer may choose to have the product returned at its own expense or expressly waive ownership of the product in writing. If the Customer does not respond within 30 days after the quotation has been sent, Real Solutions Haarlem is entitled to return the product at the Customer’s expense and risk.
Article 10. Conditions for Returns
10.1 Every request to return a product must be submitted digitally via https://www.rshaarlem.com/rma_form/ and approved by the Real Solutions Haarlem support team.
10.2 Products may only be returned after a valid RMA number has been issued. Returns without a valid RMA number will not be accepted and/or processed.
10.3 An RMA number is valid up to and including 14 days after the date of issue. The relevant products must have been received by Real Solutions Haarlem within this period, unless otherwise agreed in writing. After this period, the RMA number expires and the request is automatically closed; a new return request must then be submitted. Applying for, accepting or issuing an RMA number does not suspend or extend the applicable warranty period. For the purpose of determining whether a product is still within warranty, the date on which the product is actually received by Real Solutions Haarlem is decisive. If the warranty period has expired by the time the product is received, the product will not be treated as a warranty case, even if the RMA request was submitted or accepted before the warranty period expired. The foregoing applies insofar as the applicable manufacturer’s warranty conditions do not provide otherwise.
10.4 In principle, only products purchased from Real Solutions Haarlem may be returned. This is verified using invoice, order and/or serial numbers.
10.5 Products not purchased through Real Solutions Haarlem but offered for service may be accepted by mutual agreement. Any costs will be communicated to the Customer in advance. A valid RMA number may be issued after the Customer has agreed to those costs.
10.6 Returned products must be packaged properly and suitably for transport in order to prevent damage to the product and its packaging. If a return shipment is inadequately packaged, Real Solutions Haarlem is entitled to charge the Customer the reasonable costs of repackaging, packaging materials and any additional transport costs, as well as damage caused by inadequate packaging.
10.7 To prevent damage, problems and delays, the following conditions apply to returns:
- make one or more current backups of data and carefully erase data before returning data carriers;
- warranty applies only to defects covered by the applicable manufacturer’s warranty; software problems, including viruses, are not covered by the product warranty;
- where applicable, include relevant communications with the manufacturer and a manufacturer ticket number to expedite handling;
- anonymise third-party personal data on invoices and communications insofar as such data is not necessary for handling the return;
- only include accessories, parts and ancillary items that are necessary for assessment or handling, unless Real Solutions Haarlem instructs otherwise. Unnecessary accessories or loose parts sent with the product are sent at the Customer’s risk. Real Solutions Haarlem is not obliged to separately register or store them, except insofar as loss or damage results from an attributable failure by Real Solutions Haarlem.
10.8 Returns to Real Solutions Haarlem must be addressed to: Real Solutions Haarlem B.V., Return: [RMA-NUMBER], A. Hofmanweg 75, 2031 BH Haarlem, the Netherlands. The RMA number must be clearly stated on the outer packaging and on the shipping documents and must not be placed directly on the original product packaging.
10.9 Responsibility and shipping costs for returning products are borne by the Customer, unless otherwise agreed in writing or provided otherwise in Article 11. Damaged, unpaid or insufficiently prepaid return shipments may be refused.
10.10 The Customer remains responsible for making and verifying adequate backups and must, insofar as reasonably possible, remove personal data and other confidential information from a product before returning it to Real Solutions Haarlem. Real Solutions Haarlem cannot guarantee that data present on a product will be preserved during investigation, repair, replacement or other handling. Article 9 of these General Terms and Conditions applies to any liability in connection with loss, damage, disclosure or unavailability of data.
Article 11. Reasons and Conditions for Return
Defective Products (RMA)
11.1 Real Solutions Haarlem provides no warranty other than the warranty offered by the manufacturer, unless otherwise agreed in writing. Real Solutions Haarlem facilitates warranty and service handling in accordance with the manufacturer’s warranty conditions and procedures. Only if the manufacturer does not offer a return procedure will Real Solutions Haarlem handle the warranty on a bring-in/return basis, provided the product meets the applicable warranty conditions.
11.1a Unless the applicable manufacturer’s warranty conditions provide otherwise, warranty and service handling takes place exclusively on a bring-in/return basis. The Customer must make the relevant product available or return it in accordance with the applicable RMA or manufacturer procedure.
11.1b The presence of personal data, business data or other data on a defective product does not release the Customer from the obligation to make the product available for warranty or service handling in accordance with the applicable RMA or manufacturer procedure. The Customer is responsible for making backups and, insofar as reasonably possible, removing data. If the Customer refuses to make the product available or return it, Real Solutions Haarlem is not obliged to continue handling the warranty claim, provide a replacement product or issue a credit for as long as this obligation has not been fulfilled. Replacement while allowing the Customer to retain the defective product is only possible if the manufacturer offers a specific data-retention, keep-your-drive or similar programme, or if Real Solutions Haarlem has approved this in writing in advance. Any associated costs shall be borne by the Customer.
11.1c Real Solutions Haarlem does not perform diagnosis, repair, replacement or other warranty work at the Customer’s premises. The fact that a product was supplied by Real Solutions Haarlem does not entitle the Customer to inspection, repair, replacement or other service on site. If the manufacturer itself offers an on-site warranty or service, only the relevant manufacturer’s terms, conditions and procedures apply. Real Solutions Haarlem is not obliged to carry out such work itself at the Customer’s premises.
11.2 If no defect is found upon inspection (No Fault Found, NFF), Real Solutions Haarlem is entitled to charge the Customer investigation, handling and shipping costs, with a minimum of € 25 excluding VAT. If the actual costs are higher, Real Solutions Haarlem is entitled to charge those higher reasonable costs.
Incorrect Delivery by Real Solutions Haarlem
11.3 An incorrect or incomplete delivery, including an incorrect product or quantity, must be reported within 3 working days after receipt to the Real Solutions Haarlem support team via info@rshaarlem.com, stating the order or invoice number. The product must be unused and, insofar as reasonably possible, returned in its original and undamaged product packaging. Opening packaging only to the extent necessary to verify the correctness of the delivery does not prevent the product from being returned. Transport costs for the return shipment shall be borne by Real Solutions Haarlem.
Damaged Delivery
11.4 Visible damage to an outer box, pallet or shipment and missing packages must be recorded on the Proof of Delivery (POD) at the time of delivery and reported to the Real Solutions Haarlem support team within 24 hours, preferably with photographs and stating the order or invoice number. If it is visible or reasonably apparent that the contents have been damaged in transit, the shipment must be refused. For a return shipment due to transport damage accepted by Real Solutions Haarlem, the transport costs shall be borne by Real Solutions Haarlem.
Specifically Ordered or Assembled Products (CRMA)
11.5 Products specifically ordered or assembled for the Customer by a manufacturer, supplier or Real Solutions Haarlem, including products identified online as “Not in stock, supplied only to order” or products otherwise clearly ordered or assembled specifically for the Customer, will not be accepted for return. If a manufacturer, supplier or Real Solutions Haarlem accepts a return as a gesture of goodwill, restocking and other costs may be charged. Transport costs and responsibility for the return shipment shall be borne by the Customer.
Unsold Stock, Incorrect or Cancelled Order by the Customer (CRMA)
11.6 Return is only possible after prior approval by Real Solutions Haarlem and, unless otherwise agreed in writing, if all of the following conditions are met:
- the product is a standard stock item;
- the product is undamaged and unused;
- the product is in its original, undamaged and unopened packaging;
- the return request is submitted within 1 month after the invoice date.
Real Solutions Haarlem is entitled to refuse a return or, if the return is accepted, charge restocking costs of at least 15% of the net invoice value of the returned product, with a minimum of € 25 excluding VAT per item. Returns with a net invoice value of less than € 25 excluding VAT per item will not be accepted unless Real Solutions Haarlem agrees otherwise in writing. In DOA or warranty cases, such costs will in principle not be charged if the defect is attributable to the product. Real Solutions Haarlem may, in exceptional circumstances and with reasons, deviate from this arrangement. Transport costs and responsibility for the return shipment shall be borne by the Customer.
Article 12. Force Majeure
12.1 In the event of force majeure, Real Solutions Haarlem is not obliged to perform its obligations towards the Customer insofar as the force majeure prevents performance; the relevant obligations will be suspended for the duration of the force majeure.
12.2 Force majeure means any circumstance beyond the reasonable control of Real Solutions Haarlem that wholly or partly prevents or delays performance. Such circumstances include, but are not limited to, strikes, fire, business or power failures, disruptions to telecommunications, network, connection or communication systems, unavailability of the website, non-delivery or late delivery by suppliers, international conflicts, labour disputes at Real Solutions Haarlem or third parties engaged by it, boycotts and government measures. Force majeure also includes shortages of products or components, production restrictions or stoppages, product allocations, product changes or discontinuations (EOL), supply-chain disruptions and other circumstances affecting suppliers or manufacturers as a result of which products are unavailable, unavailable on time or unavailable in the agreed quantities. This list is not exhaustive.
12.3 If a force majeure situation continues for more than 60 days, either party is entitled to terminate in writing the part of the agreement that has not yet been performed, without any entitlement to damages. Real Solutions Haarlem is entitled to terminate the unperformed part earlier if it can reasonably be established that performance has become permanently impossible. Products already delivered and services already performed remain payable.
Article 13. Applicable Law, Disputes and Language
13.1 Dutch law applies to all offers, orders and agreements of Real Solutions Haarlem.
13.2 Disputes between Real Solutions Haarlem and the Customer shall be submitted to the competent court of the District Court of Noord-Holland, Haarlem location, insofar as mandatory law does not provide otherwise.
13.3 If these General Terms and Conditions are available in multiple languages and there is a difference in interpretation or meaning between language versions, the Dutch text shall prevail.
Article 14. Retention of Title - German Customers Only
EIGENTUMSVORBEHALT
14.1 Das Eigentum an den gelieferten Waren bleibt zur Sicherung aller Ansprüche vorbehalten, die uns aus der gegenwärtigen und künftigen Geschäftsverbindung bis zum Ausgleich aller Salden gegen den Abnehmer und seine Konzerngesellschaften zustehen. Unser Eigentum erstreckt sich auf die durch Verarbeitung der Vorbehaltsware entstehende neue Sache. Der Abnehmer stellt die neue Sache unter Ausschluss des eigenen Eigentumserwerbs für uns her und verwahrt sie für uns. Hieraus erwachsen ihm keine Ansprüche gegen uns.
14.2 Bei einer Verarbeitung unserer Vorbehaltsware mit Waren anderer Lieferanten, deren Eigentumsrechte sich ebenfalls an der neuen Sache fortsetzen, erwerben wir zusammen mit diesen Lieferanten - unter Ausschluss eines Miteigentumserwerbs des Abnehmers - Miteigentum an der neuen Sache, wobei unser Miteigentumsanteil dem Verhältnis des Rechnungswertes unserer Vorbehaltsware zu dem Gesamtrechnungswert aller mitverarbeiteten Vorbehaltswaren entspricht.
14.3 Der Abnehmer tritt bereits jetzt seine Forderungen aus der Veräußerung von Vorbehaltsware aus unseren gegenwärtigen und künftigen Warenlieferungen mit sämtlichen Nebenrechten im Umfang unseres Eigentumsanteils zur Sicherung an uns ab.
14.4 Bei Verarbeitung im Rahmen eines Werksvertrages wird die Werklohnforderung in Höhe des anteiligen Betrages unserer Rechnung für die mitverarbeitete Vorbehaltsware schon jetzt an uns abgetreten.
14.5 Solange der Abnehmer seinen Verpflichtungen aus der Geschäftsverbindung an uns ordnungsgemäß nachkommt, darf er über die in unserem Eigentum stehende Ware im ordentlichen Geschäftsgang verfügen und die an uns abgetretenen Forderungen selbst einziehen.
14.6 Bei Zahlungsverzug oder begründeten Zweifeln an der Zahlungsfähigkeit oder Kreditwürdigkeit des Abnehmers sind wir berechtigt, die abgetretenen Forderungen einzuziehen und die Vorbehaltsware zurückzunehmen.
14.7 Scheck-/Wechselzahlungen gelten erst nach Einlösung der Wechsel durch den Abnehmer als Erfüllung.
14.8 Abweichend von Artikel 13.1 gilt hinsichtlich der in diesem Artikel geregelten Eigentumsvorbehaltsrechte ausschließlich deutsches Recht.
Additional Terms for WarrantyCare Service Products
W.1 WarrantyCare is a service for warranty handling and does not take over the sales agreement between the Customer and the selling party. The statutory and contractual obligations of the selling party remain with that party. Complaints relating to the purchase, crediting, exchange or commercial upgrades are therefore handled by the selling party, unless expressly agreed otherwise.
W.2 For warranty claims, the warranty conditions of the relevant manufacturer are decisive, unless additional cover has been expressly agreed under a WarrantyCare Advanced or Premium package.
W.3 WarrantyCare cannot guarantee that data present on products submitted for service will be preserved. The Customer is responsible for making and verifying adequate backups before a product is submitted for service or warranty handling. Article 9 and the other applicable provisions of these General Terms and Conditions apply to the liability of Real Solutions Haarlem in connection with WarrantyCare, including liability for loss of or damage to data and delays in warranty or repair handling.
W.4 When a product is shipped to WarrantyCare, the costs and risk of loss or damage during transport are borne by the sender, unless otherwise agreed in writing. The risk passes to Real Solutions Haarlem once the shipment has demonstrably been received by Real Solutions Haarlem or WarrantyCare. The sender is responsible for proper transport packaging. Real Solutions Haarlem recommends using appropriate track-and-trace and, taking into account the value of the product, insured shipping where necessary. Insufficiently prepaid shipments may be refused or returned at the sender’s expense.
Additional Terms for Real Solutions Haarlem Outlet Items
O.1 Outlet items and the related stock levels are updated almost in real time. Prices are unit prices excluding VAT, ex Haarlem.
O.2 Products are allocated on a “first come, first served” basis and while stocks last.
O.3 Outlet products cannot be reserved.
O.4 Real Solutions Haarlem is not obliged to supply an equivalent or similar product or grant price compensation if the product is no longer available at the time of ordering.
O.5 Outlet B-Stock and C-Stock products are covered exclusively by the warranty expressly described in these Outlet Terms. Real Solutions Haarlem provides no additional warranty unless otherwise agreed in writing. Insofar as a manufacturer’s warranty applies, the conditions, limitations and procedures of the relevant manufacturer apply.
O.6 The following also applies to Outlet B-Stock:
- the applicable manufacturer’s warranty applies insofar as the warranty claim is accepted by the manufacturer;
- warranty claims must be submitted directly to the manufacturer unless stated otherwise.
O.7 The following also applies to Outlet C-Stock:
- no manufacturer’s warranty applies unless stated otherwise;
- warranty is limited to the proper functioning of the product;
- a return and inspection period of 4 working days applies.
O.8 Insofar as these Outlet Terms differ from the General Terms and Conditions, the Outlet Terms shall prevail.
Data Processing Agreement
Version 28-08-2026
This Data Processing Agreement forms an appendix to the General Terms and Conditions of Real Solutions Haarlem and applies exclusively insofar as, in performing an agreement, Real Solutions Haarlem processes personal data on behalf of and on the instructions of the Customer within the meaning of Article 28 GDPR. In that case, the Customer is referred to in this Data Processing Agreement as the Controller and Real Solutions Haarlem B.V. as the Processor.
Article 1. Purposes and Scope of Processing
1.1 The Processor processes personal data solely on behalf of and in accordance with the instructions of the Controller for services in which the Processor receives personal data of third parties for the performance of an assignment, including dropshipments where personal data of end customers or recipients is provided for delivery of products.
1.2 The personal data processed by the Processor in connection with these activities, the categories of data subjects and the nature and purposes of processing are set out in Appendix 1. The Processor will not process personal data for purposes other than those determined by the Controller and laid down in this Data Processing Agreement.
1.3 Processing of personal data by the Processor does not affect the control and responsibilities of the Controller or the rights that data subjects have in relation to their personal data under the GDPR. Processing does not give the Processor any independent rights to use the personal data for its own purposes.
1.4 For processing activities for which Real Solutions Haarlem itself determines the purposes and means, including processing for its own order administration, invoicing, debtor management, fraud prevention and compliance with legal obligations, Real Solutions Haarlem acts as controller and this Data Processing Agreement does not apply.
Article 2. Obligations of the Processor
2.1 With regard to the processing activities referred to in Article 1, the Processor shall comply with the laws and regulations applicable to it as processor, including the General Data Protection Regulation (GDPR).
2.2 At the Controller’s reasonable request, the Processor shall provide information on the measures taken by the Processor to comply with its obligations under this Data Processing Agreement.
2.3 The Processor’s obligations also apply to persons processing personal data under its authority, including employees.
2.4 The Processor processes personal data only on documented instructions from the Controller, including instructions relating to transfers of personal data outside the EEA, unless the Processor is required to carry out specific processing under applicable Union or Dutch law. In such case, the Processor shall inform the Controller of that legal requirement in advance, unless the relevant legislation prohibits such information.
2.5 If the Processor considers an instruction from the Controller to be contrary to the GDPR or other applicable data-protection legislation, it shall inform the Controller thereof without undue delay.
2.6 Taking into account the nature of the processing and insofar as reasonably within its capabilities, the Processor shall assist with data protection impact assessments (DPIAs) and any prior consultation of a supervisory authority insofar as these relate to processing carried out by the Processor on behalf of the Controller.
Article 3. Transfers of Personal Data
3.1 The Processor will in principle process personal data within the European Economic Area (EEA).
3.2 Personal data may be processed or transferred outside the EEA if permitted under Chapter V of the GDPR, including on the basis of an adequacy decision of the European Commission or by applying appropriate safeguards such as Standard Contractual Clauses approved by the European Commission.
3.3 If the Processor engages a subprocessor that processes personal data outside the EEA, the Processor shall ensure that a valid legal basis and, where required, appropriate safeguards are in place for that transfer.
Article 4. Allocation of Responsibilities
4.1 The Processor processes personal data only insofar as necessary for the performance of the agreed services and in accordance with the documented instructions of the Controller. Processing may be carried out by authorised employees and by subprocessors engaged in accordance with Article 5.
4.2 The Controller is responsible for the lawfulness of the processing, including the purposes, legal basis, content and provision of personal data and the instructions given to the Processor.
4.3 The Processor is responsible for complying with the obligations imposed on it as processor under the GDPR and this Data Processing Agreement.
4.4 The Controller warrants that the personal data provided to the Processor has been lawfully obtained and that processing thereof in accordance with the instructions given does not infringe applicable law or third-party rights.
Article 5. Engagement of Third Parties and Subprocessors
5.1 The Processor is entitled to engage third parties and subprocessors for the processing that fall within the categories listed in Appendix 2.
5.2 The Processor shall ensure that subprocessors processing personal data on its behalf are contractually bound in writing by appropriate data-protection obligations that correspond to the obligations under this Data Processing Agreement.
5.3 The Processor shall inform the Controller of intended material changes in the use of subprocessors processing personal data on behalf of the Controller. The Controller may object to a new or replacement subprocessor within a reasonable period if there are substantiated data-protection grounds for doing so.
5.4 If the Processor engages a subprocessor to process personal data on behalf of the Controller, the Processor remains responsible towards the Controller for compliance by that subprocessor with the applicable data-protection obligations, in accordance with Article 28(4) GDPR. Any liability of the Processor towards the Controller is subject to the limitations and exclusions agreed in Article 11 of this Data Processing Agreement, insofar as permitted by law.
Article 6. Security
6.1 The Processor shall implement appropriate technical and organisational measures to protect personal data against loss, destruction, alteration, unauthorised disclosure, unauthorised access and other forms of unlawful processing, in accordance with Article 32 GDPR.
6.2 When determining the appropriate level of security, the Processor shall take into account the state of the art, implementation costs, the nature, scope, context and purposes of processing and the risks to the rights and freedoms of data subjects.
6.3 The Processor shall periodically evaluate the security measures implemented and adjust them where reasonably necessary.
6.4 The Controller is responsible for securely and lawfully providing personal data to the Processor and for appropriate security of the systems and data that remain under the Controller’s own responsibility.
6.5 Insofar as Real Solutions Haarlem does not fall directly within the scope of the Dutch Cybersecurity Act (Cyberbeveiligingswet), it uses the principles of the Cybersecurity Act and the NIS2 Directive as a reference framework for its information security. Real Solutions Haarlem aims, to the best of its ability and insofar as appropriate and proportionate, to align its technical, operational and organisational security measures with those principles. This includes attention to risk management, incident management, business continuity, supply-chain security, access security, cyber hygiene and the security of network and information systems. This does not constitute a statement, certification or guarantee that Real Solutions Haarlem fully complies with the Cybersecurity Act or the NIS2 Directive where such legislation does not apply directly to it.
Article 7. Security Incidents and Personal Data Breaches
7.1 The Processor shall inform the Controller without undue delay after becoming aware of a personal data breach relating to personal data it processes on behalf of the Controller.
7.2 Insofar as available at that time, the Processor shall provide at least information concerning the nature of the incident, the categories of personal data and data subjects concerned, the likely consequences and the measures taken or proposed to end the incident and mitigate its consequences.
7.3 If not all relevant information is immediately available, the Processor may provide the information in phases as it becomes available, without undue further delay.
7.4 The Processor shall provide reasonable assistance to the Controller in assessing and, where necessary, notifying the personal data breach to the competent supervisory authority and/or data subjects. Responsibility for making such notifications remains with the Controller insofar as it acts as controller.
Article 8. Requests from Data Subjects
8.1 If a data subject contacts the Processor directly with a request to exercise rights under the GDPR in relation to personal data processed by the Processor on behalf of the Controller, the Processor shall forward the request to the Controller without undue delay.
8.2 The Processor will not independently deal with the substance of such a request unless instructed to do so in writing by the Controller or legally required to do so.
8.3 Taking into account the nature of the processing, the Processor shall provide the Controller with reasonable technical and organisational assistance in handling requests from data subjects, insofar as reasonably within its capabilities.
8.4 Insofar as a request concerns personal data for which Real Solutions Haarlem itself acts as controller, Real Solutions Haarlem shall deal with the request independently in accordance with the GDPR.
Article 9. Confidentiality
9.1 The Processor shall treat as confidential all personal data processed on behalf of the Controller under this Data Processing Agreement and shall use it solely for the agreed processing and in accordance with the Controller’s instructions.
9.2 The Processor shall ensure that employees and other persons under its authority who have access to such personal data are granted access only insofar as necessary for their work and are bound by an appropriate duty of confidentiality.
9.3 The duty of confidentiality does not apply if and insofar as disclosure is necessary for performance of the assignment to a subprocessor engaged in accordance with this Data Processing Agreement, the Controller has given written permission for the disclosure, or the Processor is legally required to disclose the data.
9.4 If the Processor is legally required to disclose personal data to a competent authority, it shall inform the Controller in advance unless prohibited by law.
Article 10. Audit
10.1 The Controller is entitled to have the Processor’s compliance with this Data Processing Agreement audited once per calendar year by an independent, qualified auditor who is bound by confidentiality.
10.2 Except in the event of a demonstrably serious security incident or a requirement imposed by a competent supervisory authority, an audit must be announced at least 30 days in advance and shall take place during normal business hours in a manner that minimises disruption to the Processor’s business operations.
10.3 The Processor shall provide all information reasonably necessary to demonstrate compliance with Article 28 GDPR and this Data Processing Agreement. The Processor may use available audit reports, certifications, security documentation and other appropriate evidence for this purpose.
10.4 An audit does not entitle the Controller or auditor to access personal data, commercially confidential information or systems of other customers of the Processor, nor information whose disclosure could reasonably jeopardise the security of the Processor or third parties. In such case, the Processor shall, where possible, provide appropriate alternative information.
10.5 The costs of the audit shall be borne by the Controller. If the audit identifies a material failure by the Processor, the Processor shall bear its own reasonable costs of remedying that failure.
Article 11. Liability
11.1 The limitations and exclusions set out in Article 9 of the General Terms and Conditions apply to the Processor’s liability towards the Controller under this Data Processing Agreement.
11.2 Direct damage shall exclusively mean:
- direct damage to tangible property;
- reasonable and demonstrable costs necessary to establish and remedy an attributable failure by the Processor;
- reasonable and demonstrable costs to prevent or mitigate direct damage;
- reasonable costs of technical or forensic investigation directly necessary as a result of a security incident or personal data breach attributable to the Processor.
Costs are eligible for compensation only insofar as they are directly related to the failure and are reasonable in nature and amount.
11.3 Insofar as the Processor’s liability specifically arises from its acts or omissions as a processor of personal data, liability for direct damage per event or series of related events is in any event limited to a maximum of € 10,000.
11.4 The Processor is not liable for indirect or consequential damage, including loss of profit, loss of turnover, business interruption, lost savings, loss of goodwill and loss of or damage to data, except insofar as exclusion thereof is not permitted under mandatory law.
11.5 The limitations in this Article do not affect the rights of data subjects under the GDPR or other mandatory provisions of law.
11.6 If a failure by the Processor can still be remedied, liability for that failure arises only after the Controller has given the Processor written notice of default, allowed a reasonable period for remedy and the Processor remains in default after expiry of that period. Notice of default is not required if performance is permanently impossible or if mandatory law provides that it cannot be required.
11.7 Any claim by the Controller for damages against the Processor lapses if it is not reported in writing and with sufficient particulars within twelve months after the Controller became aware, or reasonably should have become aware, of both the damage and the possible liability of the Processor, insofar as such limitation is permitted by law.
Article 12. Term and Termination
12.1 This Data Processing Agreement forms part of the General Terms and Conditions of Real Solutions Haarlem and applies automatically insofar as Real Solutions Haarlem processes personal data as processor on behalf of the Customer in performing an agreement.
12.2 This Data Processing Agreement applies for the period during which Real Solutions Haarlem processes personal data on behalf of the Customer. Once Real Solutions Haarlem no longer acts as processor for the Customer, this Data Processing Agreement ends for that processing, without prejudice to provisions which by their nature continue to apply after termination.
12.3 Upon termination of this Data Processing Agreement, the Processor shall, at the Controller’s choice, return or delete personal data that it processes exclusively as processor on behalf of the Controller, unless a legal obligation requires the Processor to retain all or part of that data. Personal data that remains solely in backups will not be actively processed again and will be deleted in accordance with the Processor’s regular backup and retention cycles, unless a longer retention period is required by law.
12.4 Real Solutions Haarlem is entitled to amend this Data Processing Agreement in accordance with the amendment procedure in Article 1.3 of the General Terms and Conditions. Amendments may be necessary as a result of changes in laws and regulations, guidance from supervisory authorities, technological developments or changes in the manner in which the agreed services are performed. Amendments will not reduce the level of personal-data protection below that required under the GDPR or other applicable data-protection legislation.
Appendix 1. Specification of Personal Data, Data Subjects and Processing
Personal Data
Insofar as applicable to the assignment provided by the Controller, the Processor may process the following personal data on behalf of the Controller:
- name and address details;
- business and contact details;
- telephone number;
- e-mail address;
- delivery and shipping information insofar as it contains personal data.
Categories of Data Subjects
The personal data may relate to:
- end customers of the Controller;
- recipients of dropshipment deliveries;
- contact persons of the Controller or its end customers.
Nature and Purpose of Processing
The Processor processes personal data on behalf of the Controller only insofar as necessary for performance of the agreed service, including in particular the execution and handling of dropshipments and other deliveries to recipients designated by the Controller.
Insofar as necessary for the assignment, processing may include:
- receiving and recording personal data;
- storing and accessing such data;
- processing address and contact details for order and shipment handling;
- providing necessary data to carriers, logistics service providers, suppliers, manufacturers and other subprocessors engaged in accordance with this Data Processing Agreement;
- using contact details for communications directly necessary for delivery or performance of the assignment;
- correcting, returning, archiving and deleting personal data in accordance with this Data Processing Agreement.
The Processor does not use personal data received in its capacity as processor for its own marketing or sales purposes.
Data Minimisation and Restrictions
The Controller shall provide the Processor only with personal data necessary for performance of the agreed service. Unless expressly agreed otherwise in writing in advance, the Controller shall not provide the Processor with special categories of personal data as referred to in Article 9 GDPR, personal data relating to criminal convictions and offences, Dutch citizen service numbers (BSN), payment-card data, medical data or other sensitive personal data. If such data is nevertheless provided without prior written permission, the Controller is responsible for the lawfulness thereof and the Processor will, insofar as reasonably possible and not necessary for performance of the assignment, delete such data or exclude it from further processing.
Accuracy and Indemnity
The Controller is responsible for the accuracy and completeness of the information it provides to the Processor regarding the categories of personal data, data subjects and purposes of processing. The Controller shall indemnify the Processor against third-party claims arising directly from unlawful provision of personal data by the Controller, incorrect or incomplete instructions from the Controller, or processing carried out by the Processor in accordance with those instructions, insofar as the cause thereof is not attributable to the Processor.
Appendix 2. Third Parties and Subprocessors
The Processor is entitled to engage third parties and subprocessors for performance of the agreed processing within, among others, the following categories:
- carriers and logistics service providers;
- suppliers and manufacturers;
- hosting and infrastructure providers;
- software, cloud and IT service providers;
- other service providers necessary for performance of the assignment.
The Processor shall ensure that subprocessors processing personal data on its behalf are subject to appropriate data-protection obligations.