TERMS AND CONDITIONS
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaint Procedure
Article 14 - Disputes
Article 15 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:1. Grace period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer, the company or the entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer or company to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers / companies;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer / company and the entrepreneur having come together simultaneously in the same room.
10. General terms and conditions: the present General Terms and Conditions of the entrepreneur;
11. Company: a legal entity, natural person acting in a profession or business, or other entity that enters into a distance contract, excluding consumers.
12. Buyer: a natural person, legal person, or other entity acquiring or intending to acquire a product or service, whether acting as a consumer or business, and involved in a transaction with the seller.
Article 2 - Identity of the entrepreneur
• Tavellio
• Keizersgracht 482, 1017 EG Amsterdam (no return address)
• E-mail address: info@tavellio.com
• Chamber of Commerce number: 92601065
Article 3 - Applicability
1. These general conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the buyer.2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the Entrepreneur's premises and, at the Buyer's request, they will be sent free of charge as soon as possible.
3. 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 may be made available to the Buyer electronically in such a way that it can be stored by the Buyer in a simple manner on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the buyer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the buyer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
6. Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the Buyer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• The price including taxes;
• any costs of shipment;
• The way in which the agreement will be concluded and what actions are necessary to do so;
• whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the buyer;
• the way in which the purchaser, before the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify them;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the trader is subject and the way in which the purchaser can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a duration transaction.
Article 5 - The Agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the buyer of the offer and the fulfilment of the conditions thereby stipulated.2. If the Buyer has accepted the offer electronically, the Entrepreneur immediately confirms receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the buyer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment.
4. The entrepreneur may - within legal frameworks - inform himself whether the buyer can meet his payment obligations, as well as of 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include the following information with the product or service to the buyer, in writing or in such a way that it can be stored by the buyer in an accessible way on a durable data carrier:
• the conditions under which and the way in which the buyer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales service;
• the data included in article 4 paragraph 3 of these conditions, unless the trader has already provided the purchaser with these data before the implementation of the agreement;
• any agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. The right of withdrawal does not apply to companies.
2. During the reflection period, the consumer will handle the product and its 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 exercises his right of withdrawal, the consumer will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known in writing, which is possible via customer service. Email: info@tavellio.com. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer should forward the track & trace code to the entrepreneur and thus prove that the delivered goods were returned in time.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be borne by the entrepreneur.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product is already received back by the entrepreneur or conclusive evidence of complete return can be presented. Reimbursement will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
3. If the product is damaged due to careless handling by the buyer himself, the buyer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal.
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature, including custom-made or customer-made;
• Which cannot be returned due to their nature;
Which spoil or age quickly;
• Whose price is subject to fluctuations in the financial market over which the trader has no influence;
• Which have been purchased by a company. Companies are expected to be professional and well-informed when concluding business agreements.
Article 9 - The Price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may 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 link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
• they are the result of statutory regulations or provisions; or
• The consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
• The prices mentioned in the offer of products or services include VAT.
• All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the proprietor, manufacturer or importer does not affect the legal rights and claims that the purchaser may enforce against the proprietor under the contract.
3. Any defects or faulty products delivered must be reported to the entrepreneur in writing within two weeks of delivery. Products must be returned in their original packaging and in new condition, all in consultation with the entrepreneur.
4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• the delivered products are exposed to abnormal conditions such as water / rain or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging are treated;
• the defectiveness is entirely or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution.
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the Buyer has made known to the Company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 14 days, unless the buyer has agreed to a longer delivery period such as, for example, in the case of custom work. If delivery is delayed, or if an order cannot or can only be partially carried out, the buyer will be informed about this at the latest 14 days after the order was placed. In that case, the buyer has the right to dissolve the agreement free of charge. The buyer is not entitled to any compensation.
4. All delivery terms are indicative. The buyer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the buyer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, the amounts owed by the buyer shall be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period commences after the buyer has received the confirmation of the agreement.
2. The Buyer has the duty to immediately report inaccuracies in payment details provided or mentioned to the Entrepreneur.
3. In the event of non-payment by the Buyer, the Company has the right, subject to legal restrictions, to charge the Buyer for reasonable costs made known in advance.
Article 13 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the proprietor fully and clearly described within 4 weeks after the purchaser has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the buyer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a buyer should first turn to the entrepreneur. If a solution is still not reached, the Buyer has the option to register via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 14 - Disputes.
1. Contracts between the Company and the Buyer to which these General Terms and Conditions relate are exclusively governed by Dutch law. Even if the Buyer is resident abroad.
2. The Vienna Sales Convention is not applicable.
Article 15 - Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the buyer and must be recorded in writing or in such a way that they can be stored by the buyer in an accessible manner on a durable data carrier.