Terms and Conditions
TOF - Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - The price
Article 9 - Conformity and warranty
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Applicability of law and disputes
ARTICLE 1 - DEFINITIONS
In these terms and conditions:
- Reflection period : the period within which the consumer can make use of his 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;
- Durable data carrier : any means that enables the consumer or TOF helmets to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal : the possibility for the consumer to waive the distance contract within the cooling-off period;
- TOF helmets : TOF BV, being the entrepreneur and legal entity that offers products to consumers at a distance, and uses these general terms and conditions for this purpose;
Distance Agreement : an agreement whereby, within the framework of a system organized by TOF helmets for the distance sale of products, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
- Technique for distance communication : means that can be used to conclude an agreement, without the consumer and TOF helmets having come together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
The private company with limited liability TOF BV
Registered office: Grote Beerstraat 26, 2516 BZ, The Hague, The Netherlands
Email address: firstname.lastname@example.org
Registered in the Netherlands at the Chamber of Commerce:
Chamber of Commerce number: 77850912
VAT identification number: NL861170192B01
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer from TOF helmets and to every distance contract concluded between TOF helmets 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 the distance contract is concluded electronically, contrary to 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 can be easily stored 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
ARTICLE 4 - THE OFFER
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If TOF helmets uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind TOF helmets.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery and/or return shipment;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the term for acceptance of the offer, or the term within which TOF helmets guarantees the price;
- whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded.
ARTICLE 5 - THE AGREEMENT
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, TOF helmets will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by TOF helmets, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, TOF helmets 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, TOF helmets will observe appropriate security measures.
- TOF helmets can - within legal frameworks - inform itself 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, TOF helmets has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
TOF helmets will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the contact and address details of TOF helmets where the consumer can go with complaints;
b. 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;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless TOF helmets has already provided this information to the consumer before the execution of the agreement.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- When purchasing products, the consumer has the option of dissolving the contract without giving any reason during fourteen days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to TOF helmets.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to TOF helmets, in accordance with the reasonable and clear instructions provided by TOF helmets.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, TOF helmets will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
ARTICLE 8 - THE PRICE
- During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
- The prices stated in the range of products include VAT.
ARTICLE 9 - CONFORMITY AND WARRANTY
- TOF helmets guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. A warranty provided by TOF helmets, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against TOF helmets under the agreement.
- Any form of liability for damage in connection with the use of the products of TOF helmets, and in particular immaterial damage, consequential damage, lost profit and reputational damage is expressly excluded.
ARTICLE 10 - DELIVERY AND PERFORMANCE
- TOF helmets will take the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has made known to TOF helmets.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order, or in the case of a pre-order no later than 30 days after the planned delivery date. In that case, the consumer has the right to dissolve the agreement free of charge, whereby any form of liability of TOF helmets is excluded.
In the event of dissolution in accordance with the previous paragraph, TOF helmets will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, TOF helmets will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment of a replacement item are for the account of TOF helmets.
- The risk of damage and/or loss of products rests with TOF helmets until the moment of delivery to the consumer or a pre-designated representative made known to TOF helmets, unless expressly agreed otherwise.
- Any import duties, customs costs, import levies, taxes or other locally imposed costs are the responsibility of the consumer. TOF helmets is not liable for these costs.
ARTICLE 11 - PAYMENT
- The amount owed by the consumer must be paid when the order is placed, but in any case within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. The consumer is never entitled to suspend payment or to to settle.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to TOF helmets.
- In the event of non-payment by the consumer, TOF helmets has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
- TOF helmets retains ownership of its products as long as no full payment has been received for them.
ARTICLE 12 - COMPLAINTS PROCEDURE
- The consumer must check the TOF helmets products upon receipt. Complaints about the implementation of the agreement and in particular about the products of TOF helmets, must be submitted to TOF in writing with a complete and clear description within 14 days after receipt of the products of TOF helmets, unless this is not reasonably possible. helmets, under penalty of forfeiture of the right of complaint.
- Complaints submitted to TOF helmets will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, TOF helmets will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure included in Article 13 paragraph 2 below.
ARTICLE 13 - APPLICABLE LAW AND DISPUTES
- Only Dutch law applies to agreements between TOF helmets and the consumer to which these general terms and conditions apply, subject to mandatory rules to protect the consumer.
- If a dispute cannot reasonably be resolved, the dispute may be submitted for assessment to the competent court.
- These general terms and conditions can be found on www.tofhelmets.com, and are offered to the Consumer for acceptance during the ordering process, prior to concluding the agreement. The Consumer must take note of the terms and conditions and accept them during the ordering process. The general terms and conditions can be printed, saved and archived.
- In addition, the data of the order can be archived by saving the confirmation of receipt of the order. This confirmation again contains the order details and a reference to these terms and conditions. The Consumer can easily print this out or save it with his e-mail program.