Terms and Conditions
items 1 - Definitions
In these conditions the following is understood:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and an agreement
remotely enters into with the entrepreneur;
3. Distance Agreement: an agreement in the context of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
4. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time;
5. Time for reflection: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a range of products and / or services, whose delivery- and / or the purchase obligation is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to obtain information that is addressed to him personally, store in a way that allows future consultation and unaltered reproduction of the stored information.
items 2 - Identity of the entrepreneur
Torsy International
Lekdijk-East 46
2861 GB Bergambacht
Rokkeveenseweg South 189
2718 AND Zoetermeer
info@torsybridles.com
Chamber of Commerce : 74979310
Bank : Knab bench
WERE GOING : NL KNAB 0259118621
BTWnr. : NL860095988B01
items 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 will be made available to the consumer. If this is not reasonably possible, will before the distance contract is concluded, are indicated that 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, Contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions are made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, will before the distance contract is concluded, indicate 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.
4. In the event that, in addition to these general terms and conditions, also specific product- whether service terms apply, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
items 4 – The offer
1 of 5
1. If an offer has a limited validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer contains a description of the products and / or services offered. The description is sufficient to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information, that it is clear to the consumer what rights and obligations are, that are linked to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• the possible costs of delivery;
• 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 or performance of the agreement;
• the term for accepting the offer, or the term for adhering to the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the agreement is filed after the conclusion, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can be informed of actions that he does not wish to take, as well as the way in which he can restore it before the agreement is concluded;
• any languages in which, in addition to Dutch, the agreement can be concluded;
• the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; in
• the minimum duration of the distance agreement in case of an agreement that extends to the continuous or periodic delivery of products or services.
items 5 – The agreement
1. The deal comes, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, 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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire 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 or to attach special conditions to the execution.
5. The entrepreneur will provide the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send along:
a. The visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way 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. information about existing after-sales service and guarantees;
d. the in article 4 lid 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery..
7. The Entrepreneur reserves the right not to accept orders or assignments without giving reasons or only under different conditions. If the order can only be executed under deviating conditions, the Customer has the right to cancel the order.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 business days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and 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 and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal upon delivery of services
1. When providing services, the consumer has the option to dissolve the agreement without giving reasons during five working days, from the day of entering into the agreement.
2. To use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
items 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, are at most the cost of return.
2. If the consumer has paid an amount, the entrepreneur will pay this amount minus shipping costs as soon as possible, but externally inside 30 days after the return or cancellation, repay.
items 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraph 2 in 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) that are clearly personal in nature (custom made)
items 9 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can use products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence., with variable prices. This link to fluctuations and the fact that any stated prices are target prices, are stated in the offer.
3. Price increases in 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of statutory regulations or provisions; of
b) the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
items 10 – Conformity and 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 and / or government regulations existing on the date of the conclusion of the agreement.
2. Our quality standard is very high, orders are always checked for inaccuracies before they are shipped. A warranty is given on all products from 3 months if the product is used normally for which it is intended. Clear maintenance instructions are sent with the product, such as washing instructions. In the unlikely event that something is wrong, please contact us.
3. One by the entrepreneur, The manufacturer or importer offered as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the distance contract.
4. If a product is offered for repair that, in the opinion of the entrepreneur, has suffered damage that can be attributed to an act or negligence on the part of the customer or on the other hand is at the risk of the customer, the entrepreneur will inform the buyer thereof in writing (by email) letting someone know.
5. Any costs of repair are at the expense of the customer and are calculated according to the usual hourly rates of the entrepreneur, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed.
items 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services..
1A. Torsy Bridles strives to process all orders as quickly as possible. For bridles and other assignments applies 7 working days delivery time. Provided everything is in stock.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is on this in article 4 of these general terms and conditions, will be all mentioned by entrepreneur (delivery) approximate deadlines are given. These have been determined on the basis of the data and circumstances known to the entrepreneur when the agreement was concluded. Stated delivery terms will never be regarded as a strict deadline. If a change in the data and / or circumstances, regardless of its foreseeability, delay, the delivery date will be delayed accordingly. The customer will be notified of this as soon as possible.
4. Exceeding the delivery period stated by the entrepreneur(in), for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation resting on him under the relevant agreement.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will contact you (per e-mail of brief) record with the customer.
6. If it is decided to dissolve the agreement, the entrepreneur will pay the amount that the consumer has paid as soon as possible, but externally inside 30 days after dissolution, repay.
items 12 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid by means of transfer in advance to the bank account of Torsy Bridles. Bridles has been credited. Other products are also only sent when payment has been received.
2. When selling products to consumers, in general terms and conditions, an advance payment of more than 50% are stipulated. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service in question(in), before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of non-payment by the consumer, the entrepreneur has legal restrictions, the right to charge the reasonable costs made known to the consumer in advance.
items 13 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, is made by the entrepreneur within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
items 14 – Additional or different terms
1. Additional provisions or provisions deviating 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 medium..
2. The entrepreneur is not liable, nor by law, nor under the agreement, for so-called consequential damage incurred by the customer or a third party (in the use of) the products might suffer.
items 15- Liability
Torsy Bridles is not obliged to pay compensation for any damage, directly or indirectly of any kind, to persons or things: * If the product proves to be unsuitable for the purpose for which it was purchased
* By use of the product by the client or by third parties, except if, by the client to prove, there would be intent or fault of the supplier.