Terms and Conditions
Article 1 – Definition
In these terms and conditions:
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance agreement: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
ToughToFind
Putstraat 35
6245 LD Eijsden
tel. +31 (0)627855243
email: info@toughtofind.nl
KvK: 89248538
BTW:
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
* the price including VAT;
* any costs of delivery;
* the way in which the agreement will be concluded and which actions are required for this;
* whether or not the right of withdrawal applies;
* the method of payment, delivery or performance of the agreement;
* the period for accepting the offer or the period for adhering to the price;
* the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
* if the agreement is archived after the conclusion, how it can be consulted by the consumer;
*the way in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
* any languages in which, in addition to Dutch, the agreement can be concluded;
* the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
* the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a.the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and warranties;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
- If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option of dissolving the contract without giving any reason during fourteen working days, with the exception of digital products, which cannot be exchanged. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
- When services are provided, the consumer has the option of dissolving the agreement without giving reasons during fourteen working days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement..
- Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) that can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
h) Sale items cannot be exchanged.
- Exclusion of the right of withdrawal is only possible for services:
a) regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c) regarding betting and lotteries.
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of legal regulations or provisions; or
b) the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
- A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the entrepreneur with regard to a shortcoming in the fulfilment of the obligations of the entrepreneur on the basis of the law and/or the distance contract.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 1 working day, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution..
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration Transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month..
- An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month..
Article 13 - Payment
Payment must be made immediately and the options for this can be found in the Payment options.
Article 14 - Complaints procedure
In all cases of dissatisfaction, please contact us and we will provide a suitable solution.
INFORMATION ON REPORTING PRODUCT LOSS AND DELIVERY DAMAGE
All my shipments are insured for transport damage caused during shipment and also for damage because of a possible loss of the parcel. In order to qualify for any compensation, the insurance has set a number of conditions for the buyer and seller.
The conditions that the buyer must comply with, in case of damage to the delivered item(s), are described below.
DELIVERY DAMAGE
Conditions that the buyer must comply with in the event of delivery damage:
1. Damage report via email to seller within 8 hours after receiving the product.
2. Pictures of the outside of the box the item(s) was shipped in.
3. Pictures of the inside of the box, as found by the recipient. Also showing packaging materials.
4. Pictures of the item(s) showing the damage.
5. All pictures must be sufficiently clear and sharp.
IF THE PACKAGE IS MISSING
Conditions that the seller must meet if the parcel is missing: If the parcel is missing, a declaration must be made to the relevant courier. This declaration must be made by the seller, after a waiting period of 4 weeks from the date of shipment. After submitting the online declaration of loss, the carrier will submit a report within 10 working days stating that the parcel must be considered lost or that the parcel has been found / located.
If the parcel is declared lost, the insurance will then pay out the damage as soon as possible to a maximum of the purchase value of the item(s) plus the shipping costs that the buyer has paid. I hope this information will be helpful to you.
