TERMS AND CONDITIONS

(Distance consumer purchase)

INDEX

Article 1 DEFINITIONS

Article 2 IDENTITY OF THE COMPANY Article 3 APPLICABILITY

Article 4 THE OFFER

Article 5 THE AGREEMENT

Article 6 REGULATIONS

Article 7 RETENTION OF TITLE Article 8 INTELLECTUAL PROPERTY

Article 9 FORCE MAJEURE

Article 10 COSTS

Article 11 PAYMENT

Article 12 DELIVERY

Article 13 RIGHT OF WITHDRAWAL

Article 14 LIABILITY

Article 15 WARRANTY

Article 16 PERFORMANCE AGREEMENT AND ADDITIONAL WARRANTY

Article 17 COMPLAINTS

Article 18 APPLICABLE LAW AND DISPUTE SETTLEMENT Article 19 ADDITIONAL OR DIFFERENT PROVISIONS

Article 1 DEFINITIONS

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
  2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.
  3. Day: calendar day.
  4. User: the person who uses general terms and conditions in an agreement, to be called Tossoro V.O.F.
  5. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
  6. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to the order.
  7. Entrepreneur: the natural or legal person who offers products to consumers.
  8. Agreement: purchase agreement between the parties.
  9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication.
  10. Parties: the other party and the entrepreneur together.
  11. Entrepreneur: seller of household goods, to be called Tossoro V.O.F.
  12. Other party: the person who has accepted the validity of the general terms and conditions by signing a document or otherwise.

Article 2 IDENTITY OF THE ENTREPRENEUR

Tossoro V.O.F., established at Laathoeve 1b 5708 SB in Helmond

Phone number: 0622455076, info@tossoro.com, 80429300 and NL861670231B01

Article 3 APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding 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 it is consumer can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most convenient for him in the event of conflicting terms and conditions. is favorable.

Article 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, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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.
  3. 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.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer at the latest when the product, service or digital content is delivered, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 REGULATIONS

  1. The other party fully cooperates with the obligations that arise for the entrepreneur from the applicable (Professional) regulations.
  2. The entrepreneur takes appropriate measures to protect the personal data and other confidential information originating from the other party. Entrepreneur will inform Employees and third parties to be engaged about the confidential nature of the information. Processing of personal data by the Entrepreneur takes place in accordance with the applicable (inter)national laws and (Professional) regulations in the field of the protection of personal data.
  3. The other party is aware that in some cases the entrepreneur is obliged to disclose confidential information of the other party on the basis of (inter)national legislation or (Professional) regulations. Insofar as necessary, the other party hereby gives its consent and cooperation to such disclosure, including (but not limited to) in the cases that the entrepreneur:
  4. described in legislation and (Professional) regulations and during the performance of his Work, he must report any unusual transactions, performed or intended, to the authorities set up for this purpose.
  5. in certain situations have to make a fraud report.
  6. is obliged to investigate the (identity of) the Other Party or its client.
  7. The Entrepreneur excludes any liability for damage that occurs to the Other Party as a result of the Entrepreneur’s compliance with the laws and (Professional) regulations applicable to him.
  1. The parties will impose their obligations under this article on third parties to be engaged by them.

Article 7 RETENTION OF TITLE

All goods delivered by the entrepreneur remain the property of the entrepreneur until the other party has fully complied with all its payment obligations towards the entrepreneur under any agreement concluded with the entrepreneur for the delivery of goods or the performance of work or services, claims in respect of shortcomings included in the fulfilment of such an agreement.

Article 8 INTELLECTUAL PROPERTY

  1. The execution of the Assignment by the Entrepreneur does not also entail the transfer of intellectual property rights vested in the Entrepreneur. All intellectual property rights arising during or arising from the execution of the Assignment belong to the Entrepreneur.
  2. The Other Party is expressly prohibited from multiplying, publishing, or exploiting the products covered by the Entrepreneur’s intellectual property rights, or products covered by intellectual property rights with regard to the use of which the Entrepreneur has acquired user rights.
  3. The Other Party is not permitted to hand over the products referred to in the second paragraph to third parties without the prior written consent of the Entrepreneur. This does not apply if the Other Party wishes to obtain an expert opinion on the performance of the Work by the Entrepreneur. In that case, the other party will impose its obligations under this article on the third parties engaged by it.

Article 9 FORCE MAJEURE

  1. If the parties cannot, not timely or not properly fulfil the obligations under the Agreement as a result of force majeure within the meaning of art. 6:75 of the Dutch Civil Code, those obligations will be suspended until the parties are still able to fulfil them in the agreed manner.
  2. If the situation as referred to in the first paragraph arises, the parties have the right to terminate the Agreement in whole or in part and with immediate effect in writing, without any right to compensation.
  3. If the Entrepreneur has already partially fulfilled the agreed obligations when the force majeure situation occurs, the Entrepreneur is entitled to invoice the Work performed separately and in the interim and the Other Party must pay this invoice as if it concerned a separate transaction.

Article 10 COSTS

  1. All prices shown on the website include VAT.

Article 11 PAYMENT

  1. Payment is made by iDeal or bank transfer.
  2. Insofar as not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  1. If the consumer does not fulfil his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favour of the consumer.

Article 12 DELIVERY

  1. Delivery is made by various mail order companies, within five working days (if in stock).
  2. Delivery costs are variable (depending on the order).
  3. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  4. The place of delivery is the address that the consumer has made known to the entrepreneur.
  5. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 45 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 45 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  6. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  7. 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 13 RIGHT OF WITHDRAWAL

  1. The statutory cooling-off period of fourteen days applies to purchased products from the moment that the other party has received the product.
  2. After dissolution of the purchase, the other party has fourteen days to return the product undamaged. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
  1. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
  2. The sale will be dissolved in writing. The ‘Model form for dissolution’ (Annex I) can be used for this.
  3. Return costs are for the account of the other party.
  4. Returns must be made by registered post to the following Laathoeve 1b 5708 SB in Helmond.
  5. After the product has been returned in good order (meaning not damaged and unused), the full amount will be refunded within fourteen days after the purchase has been cancelled. The standard delivery costs will also be refunded.
  6. Repayment will be made in the same way as the other party has paid.
  7. Entrepreneur can, in agreement with the other party, repay in a different way.

Article 14 LIABILITY

  1. The Entrepreneur is not liable for damage suffered by the Other Party that arises because the Other Party has not provided the Entrepreneur with any, incorrect or incomplete Documents, or because these have not been delivered on time. This also includes the situation in which the Entrepreneur is unable to deposit the annual statements with the Chamber of Commerce within the legal term as a result of an act or omission (on the part) of the Other Party.
  2. Entrepreneur is not liable for indirect damage, including: loss of profit, lost savings, damage due to business interruption and other consequential damage or indirect damage that is the result of non-performance, late or improper performance by the Entrepreneur.
  3. The liability of the Entrepreneur is limited to compensation for direct damage that is the direct result of a (related series of) attributable shortcomings in the execution of the Assignment. Direct damage includes – among other things

– means: the reasonable costs incurred to determine the cause and extent of the damage; the reasonable costs incurred to have the performance of the Entrepreneur comply with the Agreement and the reasonable costs incurred to prevent or limit the damage. This liability is:

  1. for Control Assignments limited to a maximum of three (3) times the fee for the

– up to the time of the attributable shortcoming(s) – Work performed in the context of the relevant Audit Assignment. If the performance of the Verification Assignment covers a period that is longer than 12 months, then the amount referred to above will be set at three (3) times the fee for the Work performed in the context of the relevant Assignment in the last 12 months.

  1. for all Other Assignments limited to a maximum of one (1) time the fee for the Work performed in the context of the relevant Other Assignment up to the time of the attributable shortcoming(s). If the execution of the Other Assignment covers a period that is longer than six (6) months, then the amount referred to above will be set at one (1) times the fee for the six (6 ) months of Work performed.
  2. A related series of attributable shortcomings counts as one (1) attributable shortcoming.
  3. The limitations of liability included in this article do not apply if and insofar as there is intent or wilful recklessness on the part of the Entrepreneur or its executive management.
  4. The other party is obliged to take damage-limiting measures. The Entrepreneur has the right to undo or limit the damage by repairing or improving the Work performed.
  5. The Other Party indemnifies the Entrepreneur against claims from third parties due to damage caused by the fact that the Other Party has not provided the Entrepreneur with any, incorrect or incomplete Documents.
  6. The Other Party indemnifies the Entrepreneur against claims from third parties (including Employees of the Entrepreneur and third parties engaged by the Entrepreneur) who suffer damage in connection with the execution of the Assignment, which damage is the result of the Other Party’s acts or omissions or of unsafe situations in service company or organization.
  7. The provisions of paragraphs 1 to 8 of this article relate to both the contractual and extra-contractual liability of the Entrepreneur towards the Other Party.

Article 15 WARRANTY

  1. The other party is entitled to a proper product. If this is not the case, the entrepreneur is obliged to repair or replace it free of charge.
  2. The other party is entitled to a six-week warranty.
  3. The other party retains all legal rights.

Article 16 PERFORMANCE AGREEMENT AND ADDITIONAL WARRANTY

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
  3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the obligations. the agreement.

Article 17 COMPLAINTS

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaint’s procedure.
  2. Complaints must be made known to the entrepreneur in writing. The other party must then make clear what the complaint relates to and how it can best be resolved according to the other party. The entrepreneur will respond to this within five working days.
  3. After notification, complaints will be handled in an appropriate manner in consultation between the other party and the entrepreneur.

Article 18 APPLICABLE LAW AND DISPUTE SETTLEMENT

  1. Exclusively Dutch law applies to the agreement between the parties.
  2. All disputes will be settled by the competent court.

Article 19

ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Appendix I: Model form for dissolution

Model withdrawal form

(Only fill in this form and return it if you want to revoke the agreement) To: Tossoro V.O.F., established at Laathoeve 1b 5708 SB in Helmond

Phone number: 0622455076, info@tossoro.com

– I/We* hereby give notice to you that I/we* have entered into our agreement concerning the sale of the following products:

revoke/revoke*

Ordered on*/received on*

Name:

Address:

Signature:

* Strike out what is not applicable or fill in what is applicable.