Terms & Conditions
Art. 1 – Definitions
These terms are understood to mean:
Reflection period: the time within which the consumer can use his right of withdrawal;
Consumer: In this context a person who purchases online (at a distance) goods and services for personal use;
Day: calendar day;
right of withdrawal: the possibility for the consumer to refrain from the online (at a distance) purchased goods or services within the reflection period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Remote Agreement: an agreement whereby within the framework of a system for distance selling of products and / or services organized by the entrepreneur, Until the conclusion of the agreement, only one or more remote communication techniques are used;
Art. 2 – Identity of the entrepreneur
TCM IN HOLLAND
Zijpendaalseweg 43, 6814 CC Arnhem, The Netherlands
Trade number: 08216911
VAT identity number: NL858598887B01
Bank account, IBAN: NL26 INGB 0008 3603 70
Art. 3 – Applicability
1. These terms and conditions apply to any offer of the entrepreneur and to any established agreement between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer at our webshop. If this is not reasonably possible before the agreement is concluded on a remote basis, we offer the possibility to send free of charge as soon as possible.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier. If this is reasonably impossible before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or by other means to the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraph of this article apply and in the case of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Art. 4 – The Offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true faithful representation of the products offered. Possible mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This is especially true for:
3.1. The price includes Dutch taxes;
3.2. The possible costs of delivery;
3.3. The manner in which the agreement will be established and what actions are required;
3.4. Whether or not it applies to the right of withdrawal;
3.5. The way of payment, delivery or execution of the agreement;
3.6. The time limit for acceptance of the offer or the time limit for the price fixing;
3.7. Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
4.8. the way in which the consumer can check and, if desired, restore the information provided by him under the agreement before conclusion of the agreement;
Art. 5 – The agreement
1. The agreement is concluded, subject to the provisions of Article 4, at the time of acceptance by the consumer of the offer and compliance with the conditions attached hereto.
2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed, the consumer can terminate the agreement.
3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures.
4. The entrepreneur will provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
4.1. The visiting address of the entrepreneur’s location where the consumer is entitled to complaints;
4.2. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
4.3. The information about existing service after purchase and warranty;
4.4. The information contained in article 4 paragraph 4 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
Art. 6 – Right of withdrawal for delivery of products
1. When purchasing products, the consumer has the opportunity to cancel the agreement for no more than 14 days. This term will start on the day after receipt of the product by the consumer or by a consumer designated representative, provided the consumer has notified the entrepreneur before delivery of the product(s).
Art. 7 – Costs in case of revocation
1. If the consumer has paid the full amount for the returned product, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Art. 8 – Exclusion of right of withdrawal is only possible for products:
1. that cannot be returned due to their nature;
2. that spoil or age quickly;
.Art. 9 – The Price
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, subject to price changes due to changes in VAT rates.
2. If a price is reported incorrectly on the site of the entrepreneur and has been notified by the entrepreneur to the consumer in writing, the consumer has the right to cancel the order or to make the order at the correct price.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. The prices mentioned in the offer of products include VAT (9%).
Art. 10 – Delivery and execution
1. The entrepreneur will take the utmost care when receiving and carrying out orders for products. We try to indicate availability as well as possible at our webshop.
2. The place of delivery is the address that the consumer has notified to the company.
3. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 30 days after cancellation.
Art. 11 – Payment
1. Payment must be made upon delivery. At the request of the consumer or the entrepreneur, payment can also be made online in advance via Ideal, Paypal, and CREDITCARD.
2. The consumer has a duty to report to the entrepreneur immediately any inaccuracies in provided or reported payment information.
3. In case of non-payment of the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously announced to the consumer.
Art. 12 – Complaints
1. The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
Art. 13 – Disputes
1. Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
2. All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Even when the consumer lives abroad.
Art. 14 – Force majeure
1. Without prejudice to the other rights to which it is due, in case of force majeure, the entrepreneur has the right to suspend the execution of your order, or to terminate the agreement without judicial intervention, by giving you notice in writing and without the entrepreneur being liable for any damages, unless under the circumstances, standards of reasonableness and fairness would be unacceptable.
2. Force majeure means any shortcoming which cannot be attributed to the entrepreneur because it is not due to her fault and does not come into force under law or legal act.
Art. 15 – Disclaimer
1. Although the greatest possible care is taken when compiling this website, it cannot be accepted for the accuracy or completeness of the information. The entrepreneur is therefore not liable for the consequences of activities undertaken on the basis of this website
Terms and Conditions TCMINHOLLAND version 1.0
1 December 2019