General Terms and Conditions
Article 1 – Definitions
The following definitions apply in these General Terms and Conditions:
- Withdrawal period: the period during which the Consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the performance of a profession or business and who enters into a distance contract with the Trader;
- Day: calendar day;
- Extended transaction: a distance contract relating to a range of products and / or services for which the delivery and / or purchase obligations extend over a period of time;
- Permanent data carrier: any means by which the Consumer or Trader can store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the information stored.
- Right of withdrawal: the right of the Consumer to withdraw from the distance contract within the withdrawal period of the contract;
- Standard form: the standard withdrawal form provided by the Trader to the Consumer for the latter to complete when exercising his right of withdrawal.
- Trader: the natural or legal person that offers products and / or services to Consumers based on distance contracts;
- Distance contract: a contract through a system organised by the Trader for distance selling of products and / or services, whereby exclusive use of one or more means of distance communication has been made up until the conclusion of the contract;
- Means of distance communication: any means which, without the simultaneous physical presence of the Trader and the Consumer, can be used for the entry into force of a contract between them.
- General Terms and Conditions: the present General Terms and Conditions of the Trader.
Article 2 – Identity of the Trader
Article 3 – Applicability
- These General Terms and Conditions apply to every offer made by the Trader and to every distance contract entered into and orders between the Trader and Consumer.
- Prior to the distance contract being entered into, these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, before the distance contract is entered into, the Trader will indicate that the General Terms and Conditions can be inspected and that, at his request, they will be sent to the Consumer free of charge as soon as possible.
- If the distance contract is entered into electronically, then contrary to the previous paragraph and before the distance contract is entered into, the Consumer will be provided with the text of these General Terms and Conditions electronically, in such a way that the Consumer can easily store them on a permanent data carrier. If this is not reasonably possible, before the distance contract is entered into, the Trader will indicate where the General Terms and Conditions can be inspected electronically and that, at his request, they will be sent to the Consumer free of charge, either electronically or in some other way.
- In the event of one or more of the provisions of these General Terms and Conditions proving to be partially or fully void or voided at any time, the contract and other provisions will otherwise remain fully in effect and the parties thereto will liaise in order to agree on the immediate replacement of the said provision by a provision as close as possible to the purport of the original provision.
- Situations arising that are not stipulated in these General Terms and Conditions should be judged in the spirit of these General Terms and Conditions.
- If uncertainty exists regarding the interpretation of one or more provisions of these General Terms and Conditions, then the explanation should take place in the spirit of these General Terms and Conditions.
Article 4 – Offers
- Offers are free of obligations. The Trader is entitled to change and modify the offer.
- Offers contain a complete and precise description of the products / services provided. Descriptions are sufficiently detailed to allow the Consumer to make a proper assessment of the offer. If the Trader makes use of images, these will be a true representation of the products and/or services being offered. Obvious errors or mistakes in the offer are not binding for the Trader.
- All images, specifications and details of the offer are indicative and constitute no grounds for compensation or termination of the contract.
- Images of products are truthful representations of the products offered. The Trader cannot guarantee that the colors displayed correspond exactly with the actual colors of products.
- Each offer shall include all necessary information clearly setting forth the Consumer’s rights and obligations related to accepting the offer, specifically:
- the price inclusive of taxes for countries within the EU;
- any delivery costs that apply;
- the way in which the contract will be entered into and the actions required to establish this;
- applicability or non-applicability of the right of withdrawal;
- the means of payment, delivery and performance of the contract;
Article 5 – The contract
- Subject to the provisions of paragraph 4, the contract is entered into at the moment the Consumer accepts the offer and meets the associated terms and conditions.
- If the Consumer has accepted the offer electronically, the Trader shall immediately confirm by electronic means its receipt of acceptance of the offer. The Consumer can dissolve the contract as long as this acceptance has not been confirmed by the Trader.
- If the contract is entered into electronically, the Trader will take suitable technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Consumer is able to pay electronically, the Trader will take suitable security measures.
- The Trader may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the Trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or request or to apply special conditions to the execution of the contract.
- The Trader will send the following information to the Consumer together with the product or service, in writing or in such a way that the Consumer can access and store the information on a permanent data carrier:
- the office address of the Trader to which the Consumer can take any complaints;
- the conditions under which the Consumer can exercise the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
- the information relating to guarantees and existing after-sales services;
- Every contract is entered into subject to the suspensive conditions that availability of the products in question is adequate.
Article 6 – Right of withdrawal
- When purchasing products, the Consumer has the right to terminate the contract without giving any reason within 14 days. Exceptions are personalised products. These cannot be returned or exchanged. The withdrawal period commences on the day after the product is received by the Consumer or a representative previously designated by the consumer and announced to the Trader.
- During the withdrawal period, the Consumer shall handle the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to keep the product. If the Consumer chooses to exercise his right of withdrawal, he will return the product with all the delivered accessories and, if reasonably possible, in its original state and packaging to the Trader, in accordance with the reasonable and clear instructions provided by the Trader.
- If the Consumer chooses to exercise his right of withdrawal, he is obliged to communicate this to the Trader within 14 days following receipt of the product using the standard form. Once the Consumer has advised the Trader of his wish to exercise his right of withdrawal, the Consumer shall return the product within 14 days. The Consumer must be able to prove that the items delivered were returned to the Trader within the permitted time period, for example in the form of a forwarding receipt.
- If the Customer fails to advise the Trader of his wish to exercise the right of withdrawal or fails to send the product back to the Trader within the terms stipulated in paragraph 2 and paragraph 3, the purchase is final.
Article 7 – Costs relating to withdrawal
- If the Consumer exercises his right of withdrawal, not more than the costs for returning the product shall be for his account.
- If the Consumer has paid an amount, the Trader shall refund this amount as soon as possible, in any case within 14 days following withdrawal. This applies on the condition that the retuned product has already been received by the online Trader, or that conclusive proof of the return can be provided.
Article 8 – Exclusion of right of withdrawal
- The Trader excludes personalised items from the Consumer’s right of withdrawal.
- Exclusion from the right of withdrawal may apply to products of a clearly personal nature.
Article 9 – Price
- Prices of the products and / or services offered will not be increased during the period stated in the offer, except for price changes due to VAT rate changes.
- Notwithstanding the preceding paragraph, the Trader can offer products or services at variable prices if they are subject to fluctuations in the financial market and on which the Trader has no control. This effect of fluctuations and the fact that prices listed may be recommended prices, will be clearly stated in the offer.
- Price increases within 3 months after the conclusion of the contract are permitted only if they are a consequence of legal regulations or stipulations.
- Price increases from 3 months after the conclusion of the contract are permitted only if the Trader has stipulated such and:
- they are a consequence of legal regulations or stipulations; or
- the Consumer has the right to terminate the contract on the day on which the price increase takes effect.
- Prices of products and services listed in the offer are inclusive of VAT.
- Prices are conditional and subject to printing and typographical errors. No liability is accepted for the impact of printing and typographical errors. In the event of printing and typographical errors, the Trader is under no obligation to deliver the product at the incorrect price.
- When sending products or services outside of the EU, additional costs such as import (customs) duties, VAT, customs clearance costs and other costs incurred for importing products are for the Consumer’s own account. The Trader cannot be held liable for and shall not reimburse these costs.
Article 10 – Compliance and guarantee
- The Trader guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations in force on the date of the conclusion of the contract. If agreed, the Trader also guarantees that the product is suitable for other than normal use.
- Guarantees provided by the Trader, manufacturer or importer do not affect the legal rights and claims that the Consumer may assert under the contract against the Trader.
- Any defective products or products delivered in error must be reported to the Trader in writing and retuned within 14 days following delivery. Products must be returned in their original packaging and as new.
- The guarantee period of the Trader corresponds to the manufacturer’s guarantee period. The Trader is, however, under no condition responsible for the ultimate fitness of products for each individual application at the Customer, nor for any advice on use or application of products.
- The guarantee is invalidated if:
- The Consumer himself has repaired and / or modified the delivered products or if the products have been repaired and / or modified by a third party on Consumer’s behalf;
- the delivered products have been exposed to abnormal conditions or have in any other way been handled carelessly or in contravention of the Trader’s instructions and / or package instructions;
- The defect is fully or partially the consequence of current or future governmental regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
- The Trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the delivery of services.
- The place of delivery is the address that the Consumer makes known to the company.
- With due observance of the stipulations in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery time has been agreed with the Consumer. If the delivery is delayed or if an order cannot or can only partially be carried out, the Consumer will receive notification of this within 30 days after placing the order. In this case, the Consumer has the right to terminate the contract without penalty. The Consumer is not entitled to compensation.
- All delivery terms are indicative. The Consumer cannot derive any rights from any terms stipulated. Exceeding of a delivery term shall not result in any right to compensation for the Consumer.
- In case of termination of the contract in accordance with paragraph 3 of this article, the Trader shall pay back the amount that the Consumer has paid as soon as possible but no later than within 14 days after the termination.
- If delivery of an ordered product proves impossible, the Trader will endeavour to provide a replacement product. The Consumer will be notified at the latest upon delivery that a replacement item is delivered in a clear and comprehensible manner. The right of withdrawal cannot be excluded for replacement items. The cost of return shipment will be borne by the Trader.
- The risk of damage and / or loss of products rests with the Trader until the time of delivery to the Consumer or representative previously designated by the Consumer and announced to the Trader, unless expressly agreed otherwise.
Article 12 – Payment
- Amounts owed by the Consumer are payable in advance.
- It is the duty of the Consumer to notify the Trader of any inaccuracies in payment data supplied to the latter immediately.
- In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Trader is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Article 13 – Complaints procedure
- The Trader shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
- Complaints regarding performance of the contract must be submitted to the Trader within 7 days, in their entirety and clearly defined, after the Consumer has discovered the defects.
- Complaints submitted to the Trader will be responded to within a period of 14 days, calculated from the date of receipt. If it is anticipated that a longer period is required to deal with a complaint, the Trader will respond to the Consumer within a period of 14 days with confirmation of receipt of the complaint and an indication of when the Consumer can expect to receive a more detailed response.
- If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
- A complaint shall not suspend the Trader’s obligations, unless the Trader indicates otherwise in writing.
- If the Trader holds that the complaint is well-founded, the Trader shall at its discretion either replace or repair the delivered products free of charge.
Article 14 – Disputes
- All contracts between the Trader and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, also if the Consumer is resident in a foreign country.
- The Vienna Sales Convention shall not apply.
Article 15 – Personalised orders
- Personalised items must be paid for in full in advance and cannot be returned or exchanged.
- By sending in a design, all intellectual property rights will be transferred to All Round IP B.V.
- The Trader reserves the right to refuse personalized orders without stating reasons. Possible reasons may be:
- Violation or infringement of third-party rights
- A suspicion of infringement of third-party copyrights or intellectual property rights
- The invoking of negative associations by the contents of the orders, e.g. pornographic purposes, blasphemy, extremist political views, harassment, explicit violence, racism, etc.
When submitting your own design, you guarantee that the design is not subject to any third-party rights. Infringements, if any, of intellectual property rights such as trademarks, copyrights, personality rights or trade name rights will in such event be entirely at your own expense. When placing an order, you also ensure that the individualization of your product does not infringe any other third-party rights either. When placing the order, you hold harmless and indemnify TWYN B.V. all and any third-party losses, liabilities, claims and entitlements on account of infringement of such third-party rights. You will reimburse TWYN B.V. for all and any ensuing costs incurred for their defense as well as for any other damage.