Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

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;

Day: calendar day;

Ongoing contract: a distance contract concerning a series of products and/or services, where the delivery and/or performance obligation is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future retrieval and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.

 

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in deviation from 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 easily store them 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 read electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. 

If the contract is concluded electronically, in deviation from 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 easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or declared void, the agreement and these terms and conditions will otherwise remain in effect, and the provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the intent of the original as much as possible.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of these general terms and conditions.

 

Article 3 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will make use of the special regulation for postal and courier services in respect of import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT from the recipient of the goods, possibly together with the customs clearance costs charged;
  • any shipping costs;
  • how the agreement will be concluded and what actions are required for this;
  • whether the right of withdrawal is applicable or not;
  • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for 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, how it can be consulted by the consumer;
  • how the consumer can check the data provided by them under the agreement before concluding 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 entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of an extended transaction.

Optional: available sizes, colors, and types of materials.

 

Article 4 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, 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 observe appropriate security measures.

The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • the visiting address of the entrepreneur's establishment where the consumer can address complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about existing after-sales service and guarantees;
  • the data 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;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 5 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 30 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, received the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receiving the product. The consumer must make this known by means of a written message, e.g., by email. After the consumer has made known that they wish to make use of their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of dispatch.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known that they wish to make use of their right of withdrawal respectively has not returned the product to the entrepreneur, the purchase is a fact.

Article 6 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

Article 7 – Exclusion of the right of withdrawal

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, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • concerning betting and lotteries.

Article 8 – The price

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.

Notwithstanding 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 connection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

 

Article 9 – Entrepreneur's identity

Company name: Tuvelka
Company address: Utrechtseweg 93-2
info@tuvelka.com
Chamber of Commerce number: 83106405
VAT number: NL003776760B70

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • these are the result of legal regulations or provisions; or
  • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The place of delivery, according to Article 5 paragraph 1 of the Turnover Tax Act 1968, takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or customs clearance costs to the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or on the packaging;
  • the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

The entrepreneur will observe the utmost care when receiving and executing orders for products.

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 no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

In case of dissolution according to 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 impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any 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 or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Duration transactions: duration, termination and extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that relates to the regular delivery of products (including electricity) or services, at any time, subject to the agreed notice rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services at the end of the definite period, subject to the agreed notice rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

  • at any time and shall not be limited to termination at a specific time or during a specific period;
  • at least in the same way that the agreement was entered into;
  • always with the same notice period that the trader has stipulated for itself.

Extension

An agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

By way of derogation from the preceding paragraph, an agreement that has been entered into for a definite period and that relates to the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals may be automatically extended for a definite period of no more than three months, if the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that relates to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month. For agreements that relate to the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals less than once a month, a notice period of no more than three months applies.

An agreement with a limited term that involves the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals for the purpose of allowing the consumer to try the service (trial or introductory subscription) will not be automatically extended and will automatically end after the trial or introductory period.

Term

If an agreement has a term of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless it would be unreasonable to terminate the agreement before the end of the agreed term, taking into account fairness and reasonableness.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, has commenced. In the case of an agreement for the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the trader of any inaccuracies in provided or stated payment details.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs that were previously communicated to the consumer.

 

Article 14 – Complaints

Complaints regarding the performance of the agreement shall be submitted to the trader within 7 days after the consumer has discovered the shortcomings. The complaint shall be complete and clearly described.

Complaints submitted to the trader shall be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall, within 30 days, send an acknowledgement of receipt and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that may be subject to the dispute resolution procedure.

A complaint does not release the trader from its obligations, unless the trader states otherwise in writing.

If the trader deems a complaint to be justified, the trader shall, at its discretion, replace or repair the delivered products free of charge.