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 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Ongoing transaction: A distance contract relating to a series of products and/or services, with obligations that are spread over time.
• Durable data carrier: Any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The consumer’s ability to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
• Distance contract: A contract concluded within the framework of an organized system for the remote sale of products and/or services, where exclusive use is made of one or more remote communication techniques until the conclusion of the agreement.
• Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same space.
Article 2 – Identity of the Entrepreneur
Triptruffles
Postbus 8806
5605LV EINDHOVEN
The Netherlands
Chamber of Commerce (KvK): 17199615
VAT: NL001700375B97
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
2. Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed and that they will be sent free of charge upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent electronically or by other means upon request.
4. In case specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer may always invoke the most favorable applicable provision in case of conflicting conditions.
Article 4 – The Offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Every offer contains information that makes it clear to the consumer what their rights and obligations are if they accept the offer, including:
• The price, including taxes.
• Any delivery costs.
• The manner in which the agreement will be concluded and the necessary actions for this.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery, and execution of the agreement.
• The acceptance period of the offer or the period within which the entrepreneur guarantees the price.
• The applicable communication rates if they differ from the basic rate for remote communication.
• Whether the contract will be archived and, if so, how it can be accessed by the consumer.
• How the consumer can check and correct the data they provide before concluding the agreement.
• Any other available languages for concluding the contract besides Dutch.
• The codes of conduct to which the entrepreneur adheres and how the consumer can access them electronically.
• The minimum duration of the distance contract in case of an ongoing transaction.
Article 5 – The Agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the specified conditions.
2. If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of acceptance electronically without delay. Until this confirmation is received, the consumer may dissolve the agreement.
3. If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational security measures for electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may investigate, within legal limits, whether the consumer can meet their payment obligations and any other relevant facts to responsibly enter into the agreement. If the entrepreneur has valid reasons not to conclude the contract based on this investigation, they are entitled to refuse an order or attach special conditions to execution.
Article 6 – Right of Withdrawal
1. The consumer has the right to withdraw from the agreement within 14 days without providing reasons. The withdrawal period starts the day after the consumer or a designated third party receives the product.
2. During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they must return the product with all accessories, in its original condition and packaging, according to the reasonable instructions provided by the entrepreneur.
Article 7 – Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, they are responsible for return shipping costs.
2. If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after the product has been returned or the withdrawal has been reported.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for:
• Products made to the consumer’s specifications.
• Clearly personal items.
• Perishable or aging products.
• Sealed audio, video, or software products once unsealed by the consumer.
Article 9 – The Price
1. Prices will not be increased during the validity period of the offer, except due to VAT rate changes.
2. The entrepreneur may adjust prices for fluctuating market-dependent products, provided this is clearly stated in the offer.
3. Prices include VAT.