Rhoda Life Terms and Conditions
General Terms and Conditions of Rhoda Life
The regular private company Rhoda Life (Pvt) Ltd (hereinafter: Rhoda Life), registered company number PV00230482.
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used within the meaning stated below, unless explicitly indicated otherwise:
2. Offer: Any written offer to Buyer for the delivery of Products by Seller with which these terms and conditions are inextricably linked.
3. Consumer: The natural person who is not acting in the exercise of a profession or business.
4. Buyer: The Consumer entering into a (remote) Agreement with Rhoda Life.
5. Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Rhoda Life.
6. Products: The Products offered by Rhoda Life are light electric mobility devices in accordance to the Companies Act No. 07 of 2007 of Sri Lanka.
7. Seller: The provider of Products to the Buyer.
8. Work: The work that Rhoda Life offers includes all work beyond service with the aim of creating and delivering a work of a physical nature (repair/maintenance of Products), and/or performing maintenance at a price to be paid in cash by the Buyer.
Article 2- Applicability
1. These general terms and conditions apply to every Offer from Rhoda Life and every Agreement between Rhoda Life and a Buyer and to every Product offered by Rhoda Life.
2. Before a (remote) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Rhoda Life will indicate to the Buyer how the Buyer can review the general terms and conditions, which are in any case published on the Rhoda Life website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Rhoda Life.
4. These general terms and conditions also apply to additional, amended and follow-up Agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are destroyed, the other provisions of these general terms and conditions will remain in force, and the invalid/voided provision(s) will be replaced by a provision with the same scope as the original provision.
6. Ambiguities about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
Article 3 – The Offer
1. All offers made by Rhoda Life are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer. An Offer only exists if it is recorded in writing.
2. Rhoda Life is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days or because the Buyer has already paid the amount owed. Nevertheless, Rhoda Life has the right to refuse an Agreement with a potential Buyer for a reason justified for Rhoda Life.
3. The Offer contains an accurate description of the Product and/or Work offered with associated prices. The description is sufficiently detailed in order for the Buyer to properly assess the Offer. Obvious mistakes or errors in the Offer cannot bind Rhoda Life. Any images and specific data in the Offer are only an indication and cannot be grounds for any damage compensation or termination of the (distance) Agreement. Rhoda Life cannot guarantee that the colors in the image exactly match the actual colors of the Product.
4. Delivery times and Periods stated in the Offer from Rhoda Life are indicative and do not give the Buyer the right to dissolution or damage compensation if it is exceeded, unless explicitly agreed otherwise.
5. A composite quotation does not oblige Rhoda Life to deliver part of the items included in the quotation or Offer at a part of the stated price.
6. If and insofar as there is a quotation, this does not automatically apply to repeat orders. Offers are only valid as long as stocks last and according to the first-come-first-serve principle.
4. If the Offer is based on information provided by the Buyer and this information proves to be incomplete and/or incorrect or if this information is subsequently changed, Rhoda Life is entitled to amend the rates, delivery periods and/or prices stated in the Offer. The Buyer is obliged to accept the changed circumstances and to meet the payment obligations set.
Article 4 – Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Rhoda Life by paying for the relevant Product.
2. An Offer can be made by Rhoda Life via the website or in the shop.
3. If the Buyer has accepted the Offer by concluding an Agreement with Rhoda Life, Rhoda Life will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Rhoda Life will not be bound by this.
5. Rhoda Life is not bound by an Offer if the Buyer could reasonably have expected or should have understood or ought to have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The Buyer has the right to assert the right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and the packaging with care. She will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The Consumer is liable for the depreciation of the Product if this is a consequence of unpacking or use of the Product that goes beyond what is necessary to determine the nature, characteristics and operation of the Product. If there is a reduction in the value of the Product, these costs will be offset against the purchase amount. The direct costs for returning the Product are borne by the Buyer.
7. The Buyer is not authorized to partially cancel the maintenance or repair. If the fulfillment of the Agreement has already begun and the Buyer cancels the Agreement, the Buyer shall owe the price applicable to the entire Work.
8. The Buyer is liable to third parties for the consequences of the cancellation and indemnifies Rhoda Life against the resulting claims of these third parties.
Article 5 – Fulfillment of the Agreement
1. Rhoda Life shall fulfill the Agreement to the best of its understanding and capacity.
2. If and insofar as proper fulfillment of the Agreement requires so, Rhoda Life has the right to have certain work done by third parties.
3. The Buyer will ensure that all information that Rhoda Life indicates is necessary, or which the Buyer should reasonably understand to be necessary for the fulfillment of the agreement, is provided to Rhoda Life in good time. If the information required for the fulfillment of the Agreement is not provided to Rhoda Life in a timely manner, Rhoda Life has the right to suspend the fulfillment of the Agreement.
4. For the fulfillment of the Agreement, Rhoda Life is not obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Rhoda Life, the Buyer is obliged to reimburse the supplemental or additional costs accordingly.
5. Before proceeding with the fulfillment of the Agreement, Rhoda Life may demand security from the Buyer or full payment in advance.
6. Rhoda Life is not liable for damage of whatever nature caused because Rhoda Life has relied on incorrect and/or incomplete information provided by the Buyer, unless Rhoda Life was aware of this incorrectness or incompleteness.
7. The Buyer indemnifies Rhoda Life with regard to any claims from third parties who may suffer damage attributable to the Buyer in connection with the fulfillment of the Agreement.
Article 6 – Product Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner or does not cooperate sufficiently, the (advance) payment has not been received by Rhoda Life in a timely manner or any delay occurs due to other circumstances beyond the control of Rhoda Life, Rhoda Life is entitled to a reasonable extension of the delivery or completion period. All agreed completion or delivery times are never strict deadlines. The Buyer must give Rhoda Life written notice of default and grant it a reasonable term to still be able to complete or deliver. The Buyer is not entitled to any damage compensation due to the delay.
2. The Buyer is obliged to take delivery of the goods at the time that they are made available to the Buyer in accordance with the Agreement, even if these are offered earlier or later than agreed.
3. If the Buyer refuses to accept goods or is negligent in providing information or instructions that are necessary for the delivery, Rhoda Life is authorized to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Rhoda Life or an external carrier, Rhoda Life is entitled to charge for any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
5. If Rhoda Life requires information from the Buyer in the context of the fulfillment of the Agreement, the delivery time will only commence after the Buyer has made all the information necessary for the fulfillment available to Rhoda Life.
6. If Rhoda Life has specified a delivery period, this is indicative. For delivery outside Sri Lanka, longer delivery times apply.
7. Rhoda Life is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery does not have independent value. Rhoda Life is entitled to invoice the items delivered this way separately.
8. Deliveries will only be made if all invoices have been paid unless explicitly agreed otherwise. Rhoda Life reserves the right to refuse delivery if there is a justified fear of non-payment.
Article 7 – Packaging and Shipping
1. Rhoda Life undertakes towards the Buyer to properly package the items to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax, including packaging and packaging material.
3. Acceptance of goods without comments on the waybill or the receipt will be considered proof that the packaging was in good condition at the time of delivery.
Article 8 – Inspection, Claims
1. The Buyer is obliged to inspect the delivered items at the time of delivery, but in any case within 10 days after receipt of the delivered items, or to have them unpacked or used to the extent necessary to assess whether she will keep the Product. In addition, the Buyer should investigate whether the quality and quantity of the delivered items comply with the Agreement and whether the Products meet the requirements that apply in the normal course of business.
2. The Buyer is obliged to investigate and to obtain information on how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Rhoda Life does not accept any liability for incorrect use of the Product by the Buyer.
3. Following delivery, any visible defects or shortcomings must be reported in writing to Rhoda Life at firstname.lastname@example.org. The Buyer has a period of 10 days after delivery to do this. Invisible defects or shortcomings must be reported within 10 days after the discovery, but no later than within 6 months after delivery. In the event of damage to the Product due to improper handling by the Buyer, the Buyer is liable for any depreciation of the Product.
4. If a claim is filed in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for purchased items. If the Buyer wishes to return defective items, this will only be done with the prior written permission of Rhoda Life in the manner specified by Rhoda Life.
5. If the Buyer uses the right of withdrawal, she will return the Product and all accessories, to the extent reasonably possible, in the original condition and packaging to Rhoda Life, in accordance with the return instructions of Rhoda Life. The direct costs for returns are at the expense and risk of the Buyer.
6. Rhoda Life is entitled to start an investigation into the authenticity and condition of the returned Products before a refund is made.
7. Refunds to the Buyer will be processed as soon as possible, but the payment can take up to 30 days after receipt of the return shipment. The refund will be made to the previously specified account number.
8. If the Buyer exercises her right to complain, she does not have the right to suspend her payment obligation or to settle against outstanding invoices.
In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to Rhoda Life, Rhoda Life will send the missing product(s) or cancel the remaining order after a request from the Buyer. The acknowledgment of receipt of the products is leading. Any damage suffered by the Buyer as a result of the different scope of the delivery cannot be recovered from Rhoda Life.
Article 9 – Performance of Work
1. Rhoda Life endeavors to fulfill the Agreement with the greatest possible care as may be expected from a good Contractor. All Work is performed on the basis of a best-efforts obligation, unless a result, described in detail, has been agreed explicitly and in writing. In no case does Rhoda Life guarantee that the Work performed and/or the items delivered are suitable for the purpose intended by the Buyer.
2. For the performance of the Work, Rhoda Life is not obliged to follow the directions of the Buyer if this changes the content or scope of the Work. If the directions result in additional work for Rhoda Life, the Buyer is obliged to reimburse the supplemental or additional costs accordingly. All instructions, directions, advice and more are deemed to have been given under the express approval of the Buyer if these have been given by employees, subordinates and/or third parties engaged by the Buyer. Damage as a result of the unauthorized giving of these instructions or instructions given outside the scope of the contract, etc. is entirely at the expense and risk of the Buyer.
3. Rhoda Life is entitled to engage third parties at its own discretion for the performance of the Work.
4. If the Work is suspended at the request of the Buyer, the Buyer is obliged to pay the immediately payable compensation for the Work already performed and the costs already incurred at that time, at the first request of Rhoda Life. In addition, Rhoda Life is entitled to charge the Buyer for all costs arising from the suspension (also including reserved hours).
5. If the fulfillment of the Agreement cannot be resumed after the suspension period, Rhoda Life is entitled to immediately dissolve the Agreement without judicial intervention by means of a written declaration to the Buyer. In the event of resumption of the fulfillment of the Agreement, the Buyer is obliged to pay in full all costs for Rhoda Life arising from this resumption.
Article 10 – Additional and Less Work and Changes
1. If, during the performance of the Work, it appears that the Agreement needs to be amended and/or supplemented, or (at the request of the Buyer) further Work is required to achieve the Buyer’s desired result, the Buyer is obliged to compensate this additional Work in accordance with the agreed (hourly) rate and additional material costs. Rhoda Life is not obliged to comply with this request and may require Buyer to conclude an additional Agreement for this.
2. If a fixed price has been agreed for the Work, Rhoda Life will inform the Buyer about the additional costs or financial consequences of the additional Work.
3. If and insofar as a fixed price has been agreed for the performance of certain Work, and the performance of that Work leads to additional Work that cannot reasonably be expected to be included in the fixed price, or the price must be increased as a result of the incorrect information provided by the Buyer that is relevant for the pricing, (unless Rhoda Life should have discovered the inaccuracy of the information before the price was determined), Rhoda Life is entitled to charge these costs to the Buyer, after consultation with the Buyer.
4. In the event of hidden defects, or at least unforeseen circumstances, Rhoda Life is entitled to charge additional costs if these circumstances lead to additional Work.
5. Price changes as a result of changes to the Agreement, or due to laws and regulations, must be reimbursed by the Buyer.
Article 11 – Repairs and Maintenance
1. If agreed in writing, Rhoda Life will perform maintenance and/or repairs. The scope of the maintenance obligation extends to what has been explicitly agreed by the parties. Rhoda Life will inform the Buyer of all circumstances that may influence (the availability) of maintenance and/or repairs.
2. The Buyer is obliged to report any flaws, errors or other defects in writing to Rhoda Life, after which Rhoda Life will rectify the defects and/or will make improvements in accordance with its usual procedures as soon as possible and to the best of its ability.
3. The Buyer is obliged to cooperate with Rhoda Life upon first request.
Article 12 – Completion of Work
1. If the commencement, progress or completion or delivery of the Work is delayed because, for example, the Buyer has not provided all information requested, or has not supplied it in a timely manner or does not cooperate sufficiently or if any advance has not been received by Rhoda Life in a timely manner or due to other circumstances, which are at the expense and risk of the Buyer, Rhoda Life is entitled to a reasonable extension of the completion or delivery period. All agreed completion or delivery times are never strict deadlines.
2. All damage and additional costs as a result of delay due to a cause referred to in paragraph 1 are at the expense and risk of the Buyer and may be charged to the Buyer by Rhoda Life.
3. Rhoda Life endeavours to perform the Work within the agreed period, insofar as this can reasonably be expected.
4. Where there is mention of business days, this means all (workable) calendar days with the exception of recognized national holidays and weekends.
5. After completion, the Work is at the risk of the Buyer. Therefore, she still owes the price, regardless of the destruction or deterioration of the Work due to a cause that cannot be attributed to Rhoda Life.
6. Rhoda Life is not liable for defects that the Buyer should reasonably have discovered at the time of delivery, except in the case of intent or deliberate recklessness on the part of Rhoda Life.
Article 13 – Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in sales tax rates.
2. The prices stated in the Offer are inclusive of sales tax, unless explicitly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors that apply at the time of concluding the Agreement, such as: import and export duties, freight and unloading fees, insurance and any levies and taxes.
4. Prices and discounts from other regions outside Sri Lanka are not valid on www.rhoda.life.
5. In the case of Products or raw materials that are subject to price fluctuations on the financial market and over which Rhoda Life has no influence, Rhoda Life may offer these Products at variable prices. The Offer will state that the prices are target prices and may fluctuate.
6. The Buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise. If the specified price is a target price, this target price may be adjusted during the execution of the Agreement unless Rhoda Life has warned the Buyer as soon as possible about the probability of a further exceedance and has given the Buyer the opportunity to limit or simplify the Work. Rhoda Life cooperates, within the limits of reasonableness, with the limitation or simplification. This also applies if the price depends on the estimated time for the performance of Work.
7. If (cost-) price-increasing circumstances arise for Rhoda Life between the date of the conclusion of the Agreement (or quotation) and the fulfillment thereof as a result of legislation and regulations, price changes of third parties or suppliers engaged by Rhoda Life or changes in the prices of the necessary semi-finished products, materials, parts or currency fluctuations, import and export duties (both domestically and abroad), shipping and/or delivery costs, wages, employer costs and/or (social) premiums, etc., Rhoda Life is entitled to increase the agreed price or compensation accordingly and to charge this to the Buyer.
8. If a dispute arises between the parties about the number of hours worked and/or the hours charged, the time records of Rhoda Life are binding, unless the Buyer can demonstrate otherwise with convincing evidence to the contrary.
9. If and insofar as additional costs are incurred during the fulfillment of the Agreement and/or there is an increased risk (in the opinion of Rhoda Life), the Buyer must pay a surcharge for this.
Article 14 – Payment and Collections Policy
1. Payment should preferably be made in advance in the currency in which the invoice is prepared using the indicated method.
2. The Buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
3. The Buyer must make a lump-sum payment to the account number and details of Rhoda Life that have been made available to her. The parties can only agree on a different payment term after the explicit and written consent of Rhoda Life.
4. If a periodic payment obligation of the Buyer has been agreed upon, Rhoda Life is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments of the Buyer, the claims of Rhoda Life against the Buyer will become immediately due and payable.
6. Rhoda Life has the right to first apply payments made by the Buyer to the costs, then to the accrued interest and finally to the principal amount and the current interest due from the Buyer. Rhoda Life may, without thus being in default, refuse an offer for payment, if the Buyer specifies a different sequence of allocation. Rhoda Life may refuse full payment of the principal sum if said payment does not include the accrued interest, the current interest and the costs.
7. The Buyer will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, together with an indication of the extrajudicial costs if the Consumer does not fulfill the obligations within that period, before she falls into default.
8. From the date that the Buyer is in default, Rhoda Life will, without further notice of default, claim the statutory (commercial) interest from the first day of default until the complete payment and reimbursement of the extrajudicial costs in accordance with applicable Sri Lankan law to be calculated according to the scale from the decision on compensation of extrajudicial collection costs of July 1, 2012.
9. If Rhoda Life has incurred additional or higher costs than are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also borne by the Buyer.
Article 15 – Retention of Title
1. All items delivered by Rhoda Life remain the property of Rhoda Life until the Buyer has fulfilled all subsequent obligations arising from all Agreements concluded with Rhoda Life.
2. The Buyer is not authorized to pledge the items that fall under the retention of title or to encumber them in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the items delivered under reservation of title or if they wish to place a lien upon them or enforce such a lien, the Buyer is required to inform Rhoda Life of this as quickly as can be reasonably expected.
4. In the event that Rhoda Life wishes to exercise the ownership rights mentioned in this article, the Buyer now gives Rhoda Life or third parties to be appointed by Rhoda Life unconditional and irrevocable permission and authorization to access all places where Rhoda Life’s property might be found and to recover these items.
5. Rhoda Life has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met the payment obligations, despite Rhoda Life’s obligation to transfer or issue. After the Buyer has met the obligations, Rhoda Life will endeavor to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 business days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be compensated by the Buyer at the first request of Rhoda Life.
Article 16 – Warranty
1. Rhoda Life guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the Offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the items to be delivered are intended for use abroad and the Buyer has explicitly notified Rhoda Life of this use in writing at the time of entering into the Agreement.
1. Every warranty is explicitly agreed in writing. Product warranties never extend beyond what is provided by the manufacturer or what has been explicitly agreed. In the event of a conflict, the warranty as provided by the manufacturer prevails. Rhoda Life is only responsible for making available the properties of the product which the Buyer should reasonably expect to be present.
3. Rhoda Life performs the Work in accordance with standards applicable in the industry. If any warranty is given, it is limited to what has been expressly agreed in writing and only insofar as the warranty has been received from the suppliers. During the warranty period, Rhoda Life warrants the sound and customary quality of the completed or delivered items.
4. The Buyer can only rely on the warranty given by Rhoda Life if the Buyer has fully complied with her payment obligations.
5. If the Buyer rightly invokes an agreed warranty, Rhoda Life is obliged to perform a free repair or replacement of the completed or delivered item. If there is also any additional damage, the applicable provisions for liability from these general terms and conditions will be followed.
6. The warranty shall lapse
(i) if the warranty period has expired or the warranty obligation lapses;
(ii) after maintenance or repair work as a result of normal use;
(iii) if the Buyer is in default vis-à-vis Rhoda Life;
(iv) if the Buyer has performed repair or maintenance work herself or has had it done by third parties;
(v) if there is exposure to abnormal conditions;
(vi) in the case of external influences such as falling rocks, collisions;
(vii) if use is in violation of the instructions for use, including non-compliance with instructions for battery maintenance or the use of batteries other than those supplied;
(viii) if there is above-average wear, at least as a result of exceptional use;
(ix) if there is wear or removal of the model, serial or product number of the Product;
(x) if the Product is resold, donated or rented.
Article 17 – Suspension and Dissolution
1. Rhoda Life is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, Rhoda Life is authorized to terminate the Agreement existing between itself and the Buyer, insofar as it has not yet been fulfilled, without judicial intervention, if the Buyer does not or does not properly comply or does not comply in a timely manner with her obligations arising from any Agreement concluded with Rhoda Life.
3. Furthermore, Rhoda Life is authorized to dissolve the Agreement (or have the Agreement dissolved) if circumstances arise of such a nature that fulfillment of the obligations becomes impossible or can no longer be expected by the standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the Agreement can no longer be reasonably expected.
4. If the Agreement is dissolved, the claims of Rhoda Life on the Buyer become immediately due and payable. When Rhoda Life suspends the fulfillment of the obligations, it retains its rights under the law and the Agreement.
5. Rhoda Life always reserves the right to claim damage compensation.
Article 18 – Limitation of liability
1. If the fulfillment of the Agreement by Rhoda Life leads to liability of Rhoda Life towards the Buyer or third parties, that liability is limited to the costs charged by Rhoda Life in connection with the Agreement unless the damage was caused by intent or gross negligence. The liability of Rhoda Life is in any case limited to the maximum amount of damages paid by the insurance company per event per year.
2. Rhoda Life is not liable for consequential damage, indirect damage, loss of profit and/or losses suffered or missed savings, and damage resulting from the use of the delivered Products is excluded. A restriction applies for Consumers in accordance with what is permitted on the basis of applicable Sri Lankan law.
3. Rhoda Life is not liable for and/or obliged to repair damage caused by the use of the Product. Rhoda Life provides strict maintenance and usage instructions that must be followed by the Buyer. All damage to Products as a result of use is explicitly excluded from liability (including traces of use, damage caused by use, damage caused by falls, light and water damage, theft, loss, etc.).
4. Rhoda Life is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Rhoda Life is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the website being unavailable for any reason.
6. Rhoda Life does not warranty the correct and complete transfer of the content of e-mail sent by/on behalf of Rhoda Life, nor for the timely receipt thereof.
7. All claims of the Buyer for shortcomings on the part of Rhoda Life will lapse if they have not been reported to Rhoda Life in writing and with reasons, within one year after the Buyer was aware or could reasonably have been aware of the facts on which she bases her claims. All claims of the Buyer expire in any case one year after the end of the Agreement.
Article 19 – Limitation of Liability with Regard to the Work
1. If, after delivery, the Work shows defects for which Rhoda Life is (proven to be) liable, Rhoda Life must be given the opportunity to remedy the defects within a reasonable term, without prejudice to liability for damage resulting from the defective completion, unless the costs of repair are out of proportion to the Buyer’s interest in repair rather than damage compensation. Rhoda Life is not liable for consequential damage in any form whatsoever, including commercial damage, loss of profit and/or losses suffered, lost savings and damage due to business stagnation. The liability of Rhoda Life is in any case limited to the maximum damage amount paid by the insurance company per claim per year.
2. The Buyer is liable for damage to the Work as a result of work done or deliveries performed by the Buyer or on the Buyer’s behalf by third parties. Damage resulting from the use of materials prescribed by the Buyer and/or execution of a design originating from the Buyer is also entirely at the expense and risk of the Buyer.
3. Rhoda Life is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website or linked websites.
4. Rhoda Life does not warranty the correct and complete transfer of the content of e-mail and/or social media channels of Rhoda Life sent by or on behalf of Rhoda Life, nor for the timely receipt thereof.
5. All claims of the Buyer for shortcomings on the part of Rhoda Life will lapse if they have not been reported to Rhoda Life in writing and with reasons, within one year after the Buyer was aware or could reasonably have been aware of the facts on which she bases her claims. The liability of Rhoda Life expires after one year after the end of the Agreement between the parties.
Article 20 – Force Majeure
1. Rhoda Life is not liable if, due to a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be required to fulfill any obligation if it is prevented from doing so due to a circumstance that is not is attributable to its fault or for which it is liable under law, legal action or generally accepted views.
2. Force majeure is in any case understood to include, but is not limited to, what is understood in such a context by law and jurisprudence, (i) force majeure of suppliers of Rhoda Life, (ii) failure of suppliers prescribed or recommended to Rhoda Life by the Buyer to properly fulfill obligations, (iii) defects in items, equipment, software or materials from third parties, (iv) governmental measures, (v) power outages, (vi) disruption of the internet, data network or telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) work strikes within the company of Rhoda Life, and (xi) other situations that in the opinion of Rhoda Life fall outside its sphere of influence and which temporarily or permanently impede the fulfillment of its obligations.
3. Rhoda Life has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Rhoda Life should have fulfilled its obligation.
4. Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period continues for longer than two months, either of the parties is entitled to dissolve the Agreement without any obligation to pay damage compensation to the other party.
5. Insofar as Rhoda Life has already partially fulfilled the obligations under the Agreement at the moment the circumstance of force majeure commenced or shall be able to fulfill them and insofar as separate value can be attributed to the part already fulfilled or yet to be fulfilled, Rhoda Life shall be entitled to submit a separate invoice for the part already fulfilled or yet to be fulfilled, as applicable. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 21 – Risk Transfer
1. The risk of loss or damage to the Products that are the object of the Agreement transfers to the Buyer if the Products have been provided under the control of the Buyer. This applies if the Products have been delivered to the delivery address of the Buyer.
2. With regard to Work, the aforementioned risk transfers at the time that the Work is brought into the control of the Buyer after repair or maintenance by Rhoda Life.
Article 22 – Intellectual Property Rights
1. All intellectual property rights and copyrights of Rhoda Life rest exclusively with Rhoda Life and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or duplicating, changing or making available to third parties, without the express prior permission of Rhoda Life, all documents and Products on which the intellectual property rights and copyrights of Rhoda Life rest. If the Buyer wishes to make changes to items delivered by Rhoda Life, Rhoda Life must explicitly give its approval for the intended changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of Rhoda Life rest other than agreed in the Agreement.
4. The parties will inform each other and take joint measures if an infringement of IP rights occurs.
5. Any infringement by the Buyer of the IP rights of Rhoda Life will be punished with a one-off fine of LKR1,000,000/- and a fine of LKR50,000/- for each day that the infringement continues. This penalty clause does not affect the ability of Rhoda Life to claim damages.
Article 23 – Privacy, data processing and security
1. Rhoda Life handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Rhoda Life will inform the data subject about this.
2. If, pursuant to the Agreement, Rhoda Life is to provide for the security of information, this security will meet the agreed specifications and will be a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 24 – Complaints
1. If the Buyer is not satisfied with the Products of Rhoda Life and/or has complaints about the (fulfillment of the) Agreement, the Buyer is obliged to notify Rhoda Life of these complaints as soon as possible, but no later than 14 calendar days after the relevant reason for the complaint. Complaints may be reported via email@example.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Rhoda Life to be able to handle the complaint.
3. Rhoda Life will respond to the complaint as quickly as possible but no later than within 14 calendar days after receiving the complaint.
4. Parties will attempt to find a joint solution.
Article 25 – Applicable Law
1. All Agreements between Rhoda Life and the Buyer shall be governed by Sri Lankan law.
2. Rhoda Life has the right to change these general terms and conditions unilaterally.
3. All disputes arising from or as a result of the Agreement between Rhoda Life and the Buyer will be settled by the competent Sri Lankan Court, Sri Lankan location, unless provisions of mandatory law lead to the jurisdiction of another court.
Colombo, November 14th 2020