General Terms and conditions Tag Hemi
Article 1 - Definitions
In these terms and conditions shall apply:
- Grace period: The period during which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: corporation who delevers product and/or remote services to consumers;
Article 2 - Identity of the entrepreneur
Name entrepreneur: Tag Hemi VOF
trading under the name / names: Tag Hemi
Address: Noorderstraat 4, 9491AJ Zeijen, The Netherlands
Access: From Monday / Friday from 8:30 am to 17:30 pm
E-mail address: firstname.lastname@example.org
Bank: Rabobank Assen-Beilen, Neptunusplein 2, 9401CZ Assen
Chamber of Commerce number: 54725119
VAT identification number: NL851417437B01
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers .
- Before the contract is concluded, the text of these general conditions made available on line to the consumer. If this is not reasonably possible, before the contract is concluded, the entrepreneur will sent them as soon as possible, free of charge, to the consumer.
- If the contract is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded, the text of these terms and conditions are set in such a way that the consumer can access it electronically. On request of the consumer the Term and Conditions will be send to him.
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms can always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer .
- The offer includes a complete and accurate description of the products and / or services . The description is sufficiently detailed to allow proper assessment of the offer by the consumer. If the contractor uses images, then they are a true representation of the products and / or services . Obvious mistakes or errors in the offer does not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the offer This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be achieved and what actions are required;
- whether to apply the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- the deadline for accepting the offer, or the deadline for adhering to the price;
- whether the agreement after the adoption is filed, and how the consumers can consult these;
- the way the consumer, befor the conclusion of the contract, the information provided by him under the agreement can check and repair if required;
- any other languages, including Dutch, in which the contract can be concluded;
- the rules of conduct to which the trader is subject and the way the consumer can consult these behavioral conducts electronically;
- the minimum duration of the distance contract in the event of an extended transaction .
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer . Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract .
- If the agreement is created electronically , the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment . If the consumer can pay electronically, the trader will take suitable security measures .
- The entrepreneur can, within the law, inform or if the consumers can fulfil its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract . If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to implement special conditions.
- The entrepreneur will ad to the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium or enclose it in an accessible manner:
- the visiting address of the establishment of the business where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and after sales service existing;
- contained in Article 4 paragraph 3 these conditions, unless the trader has provided for the execution of the agreement this information to the consumer;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
- In the event of an extended transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
- When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period commences on the date of receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative.
- During this period the consumer will treat the product and packaging with care. He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - return in the original condition and packaging to the company - if reasonably possible.
- Product, which are custom made are excluded form the right of withdrawel.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the cost of returning the goods shall be payed by him.
- 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 of right of withdrawal
- The entrepreneur may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader for the conclusion of the agreement, statedclearly in the offer.
- Withdrawel is not possible for these products:
- which have been made to the consumer's specifications by the entrepreneur;
- that are clearly personal in nature;
- which can not be returned because of their nature;
- which can quickly deteriorate or expire;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
Article 9 - The price
- During the period mentioned in the offer, prices of the products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, the entrpreneur can offer the products with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the contract was concluded are only permitted if the trader stipulated this as such and:
- these are the result of legislation or regulations; or
- the consumer has the power to terminate as of the date the proce increase takes effect.
- he supply of products or services mentioned prices include VAT were applicable.
Article 10 - Conformity and Guarantee
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert. Under the contract against the trader.
Article 11 - Delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that has made known by the consumer or business to the entrepreneur.
- Subject to what is stated in Article 4 of these terms and conditions the company will implement accepted orders expeditiously but within 30 days, unless a longer period has been agreed. If the delivery is delayed, or if an order can not be carried out or only partially, the consumer receives information no later than 30 days after placing the order. The consumer has in this case the right to terminate the contract without penalty.
- In case of dissolution of the order, in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than 30 days after repudiation.
- If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item. Before the delivery the consumer will be notified, clear and comprehensible, that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment are paid by the by the entrepreneur.
- The risk of damage and / or loss of products rests upon the entrpreneur up to the moment of delivery to the consumer or a pre-designated and by the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer should be transferred to the designated bank account, directly to order the products. In case of an agreement to provide a service, such period shall begin upon receipt, after consumers confirmation of the agreement.
- The consumer has the duty to report inaccuracies in data supplied or specified payment immediately to the entrepreneur.
- In case of default by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge reasonable expenses to the consumer, prior annouced to the consumer.
- Unless otherwise agreed, the amounts owed by a company shall upon delivery of the goods be paid immediately. For amounts over € 1000,= 50% must be paid in advance. The order will only be processed if payment is received.
Article 13 - Complaints
- Complaints about the implementation of the agreement must promptly, fully and clearly described be submitted to the entrepreneur, after the consumer has discovered the defects.
- Complaints submitted to the trader will be answered from the date of receipt, within 14 days. If a complaint will need foreseeable longer processing time then the period of 14 days, the entrepreneur will responded with an acknowledgment of the receipt and indicating when the consumer can expect an answer.
- If the complaint can not be resolved by mutual agreement, a dispute that is subject to dispute.
Article 14 - Disputes
- Contracts between the entrepreneur and the consumer or business to which these terms refer only to Dutch law.
Article 15 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium, accesable by consumers.
If you have any questions about the terms and conditions of Tag Hemi, please send an email to email@example.com. In case of changes in our conditions are needed, you will find on this page the most recent information.