GENERAL TERMS AND CONDITIONS OF ONLINE SALE AND DELIVERY OF PRODUCTS OF TRADELINC B.V.
Article 1 definitions
For the purposes of these General Terms and Conditions and all related documents, the capitalized terms as defined below in alphabetical order shall have the following meanings whereby these terms may be used in the singular or the plural form and vice versa, as the context so requires:
Agreement: a distance agreement concluded between Tradelinc and the Consumer for the distant sale of a Product, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusions of the agreement.
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.
Day: calendar day.
Tradelinc: Tradelinc B.V., being the supplier of the Products.
General Terms and Conditions: these general terms and conditions of sale and delivery of Tradelinc.
Product: a product that is purchased through the online shop of the Website, as further specified in the Agreement.
Reflection period: the period during which the Consumer may use his right of withdrawal.
Right of withdrawal: the Consumer’s option not to proceed with the Agreement within the Reflection period.
Standard form for withdrawal: the form for withdrawal included in Appendix 1.
Sustainable data carrier: any means, including email, that allow the Consumer or Tradelinc to store information directed to him/her personally in such a manner that makes future consolation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Article 2 supplier’s identity
Lijndonk 4 Unit 2.04
4825 BG Breda
Chamber of Commerce number: 72770716
VAT identification number: NL859230934B01
Article 3 applicability
1. These General Terms and Conditions apply to any offer from Tradelinc and to any Agreement concluded by Tradelinc and the Consumer.
2. The text of these General Terms and Conditions will be provided to the Consumer electronically, before concluding the Agreement, in such a way that the Consumer can easily store it on a Sustainable data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer’s request free of charge, either via electronic means or otherwise, before concluding the Agreement.
3. In the event of any conflict between the Agreement and these General Terms and Conditions, the provisions of the Agreement prevail.
4. The possible invalidity of a (part of a) provision in these General Terms and Conditions shall not affect the validity of the remaining provisions.
Article 4 the offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. Shown and/or provided samples, models and examples, specifications of colours, measurements, weights and other descriptions in promotional material and/or on the Website are as accurate as possible, but are indicative only. The Products and/or will not always be a faithful representation of the actual Products. The Consumer cannot derive any rights thereto. The accurate representation of the Product is described in the product description.
3. If an offer or order is based on information provided by the Consumer and this information proves to be inaccurate or incomplete, or subsequently alters, Tradelinc has the right to adjust the prices, rates and/or delivery periods.
Article 5 the agreement
1. The Agreement becomes valid, subject to the conditions of Article 5.4, when the Consumer has accepted the offer by ordering in the online shop of the Website and fulfilled terms and conditions set.
2. If the Consumer accepted the offer via electronic means, Tradelinc shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may revoke the Agreement.
3. Tradelinc will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Tradelinc shall observe appropriate security measures.
4. Tradelinc shall, at the latest upon delivery of the Product, provide the following information along with the Product in writing in such manner that the Consumer can store it in an accessible manner on a Sustainable data carrier:
a. the contact details of Tradelinc where the Consumer may get into contact about any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the Right of withdrawal, or, as the case may be, clear information about his being exempted from the Right of withdrawal;
c. the information corresponding to existing after-sales services and warranties;
d. the price including all taxes of the Product, where applicable the delivery costs and the way of payment, delivery or implementation of the Agreement;
e. the Standard form for withdrawal if the Consumer has the Right of withdrawal.
Article 6 right of withdrawal
In case of Products:
1. The Consumer can revoke an Agreement for a Product without giving reasons during the Reflection period.
2. The Reflection period referred to in Article 6.1 starts on the day the Product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:
a. if the Consumer ordered several Products in the same order: the day on which the Consumer or a third party appointed by him received the last Product. Tradelinc may refuse an order of several Products with different delivery dates provided that he clearly informs the Consumer prior to the order process;
b. in case the delivery of a Product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
Article 7 consumer’s obligations during the reflection period
1. During the Reflection period the Consumer shall handle the Product and the packaging with care. The Consumer shall only unpack or use the Product to the extent necessary for establishing the nature, the characteristics and the effect of the Product. The guiding principle is that the Consumer may only handle and inspect the Product in the manner in which one is allowed to handle a Product in a shop.
2. The Consumer is only liable for the decrease in value of the Product that is caused by the way of handling the Product which went further than allowed in Article 7.1.
Article 8 exercising consumer’s right of withdrawal and the costs
1. If the Consumer exercises his Right of withdrawal he shall notify Tradelinc unambiguously with the Standard form for withdrawal within the period of reflection.
2. The Consumer shall return the Product or deliver it to (the authorized representative of) Tradelinc as soon as possible but within fourteen (14) days counting from the day following the notification referred to in sub-section 1. This need not be done if Tradelinc offered to collect the Product himself. The Consumer observed the period of returning the Product in any event if the Product is returned before the expiration of the period of reflection.
3. The Consumer shall return the Product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Tradelinc.
4. The risk and the burden of proof for the correct and timely exercise of the Right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the Product.
6. If the Consumer exercises his Right of withdrawal, all Agreements end by operation of law.
Article 9 tradelinc’s obligation in case of withdrawal
1. If Tradelinc makes the notification of Right of withdrawal by electronic means possible, it shall promptly send confirmation of receipt.
2. Tradelinc shall reimburse all payments made by the Consumer as soon as possible but within fourteen (14) days following the day on which the Consumer notified him of the withdrawal.
3. Tradelinc shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Tradelinc need not reimburse the additional costs for the more expensive method.
Article 10 exclusion of the right of withdrawal
Tradelinc can exclude specific Products from the Right of withdrawal but only if Tradelinc notified this clearly when making the offer or in good time before concluding the Agreement.
Article 11 the price
1. The price of Products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Price increases within three (3) months after concluding the Agreement are permitted only if they are the result of new legislation.
3. Price increases from three (3) months after concluding the Agreement are permitted only if Tradelinc has stipulated it and: a. they are the result of legal regulations or stipulations, or; b. the Consumer has the authority to cancel the Agreement before the day on which the price increase starts.
4. All prices indicated in the provision of Product are including VAT, unless stated otherwise.
Article 12 performance of the agreement
1. Tradelinc guarantees that the Products comply with the Agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the Agreement was concluded.
Article 13 delivery and execution
1. Tradelinc shall exercise the best possible care when booking orders and executing Product orders.
2. The place of delivery is at the address given by the Consumer to Tradelinc.
3. Tradelinc shall execute and deliver accepted orders as agreed upon in the Agreement. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within thirty (30) days after ordering. In such cases, the Consumer is entitled to revoke the Agreement free of charge and with the right to possible compensation.
4. After revocation in conformity with the preceding paragraph, Tradelinc shall return the payment made by the Consumer promptly but at least within 30 (thirty) days after revocation.
5. The risk of loss and/or damage to Products will be borne by Tradelinc until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 payment
1. Unless otherwise stipulated in the Agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 (fourteen) days after the Reflection period, or if there is no Reflection period within 14 (fourteen) days after concluding the Agreement.
2. In case the Consumer has not complied with his payment obligation(s) in time, and Tradelinc has reminded Consumer that the payment was late and allowed the Consumer a period of 14 (fourteen) days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and Tradelinc is entitled to charge the Consumer with any extrajudicial collection costs. The extrajudicial costs are calculated on the basis of what is common in Dutch practice at that time.
Article 15 privacy
Article 16 complaints
1. Complaints about the performance of the Agreement shall be submitted fully and clearly described to Tradelinc within a reasonable time after the Consumer discovered the defects.
2. The complaints submitted to Tradelinc shall be replied within a period of fourteen (14) days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Tradelinc shall respond within fourteen (14) days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
3. If the complaint cannot be solved in joint consultation within a reasonable time or within four (4) weeks after submitting the complaint, there will be a dispute that is open to the dispute settlement rules as stated in Article 17.
Article 17 disputes
1. All Agreements between Tradelinc and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. In case of disputes, the court at the place of Consumer’s residence is competent.
Appendix I: Standard form for withdrawal
Standard form for withdrawal
(complete this form and return it only when you want to revoke the agreement)
Lijndonk 4 Unit 2.04
4825 BG Breda
I/We hereby inform you that I/we wish to revoke our agreement on
the sale of the following products: [specification of the products]*
Ordered on*/received on* [date of receiving products]
[Consumer’s signature(s)] (only when this form is submitted on paper)