Terms and conditions

TERMS AND CONDITIONS

Index:
Article 1 - Definitions
Article 2 - Company data
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
 
Article 1 - Definitions

In these conditions:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

1. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with TAKNO;

2. Day: calendar day;

3. Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;

4. Durable data carrier: any means that enables the consumer or TAKNO to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

6. Model form: the model form for withdrawal that TAKNO makes available that a consumer can fill in if he wishes to make use of his right of withdrawal.

7. TAKNO: the legal entity that offers products and / or services to consumers at a distance;

8. Distance contract: an agreement whereby, within the framework of a system organized by TAKNO 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. ;

9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and TAKNO coming together in the same room at the same time.

10. General Terms and Conditions: these General Terms and Conditions of TAKNO.
 
Article 2 - Company data
TAKNO
Office Address (Open by appointment only):
Zuidend 18
8601 EL Sneek
info@wearetakno.com
Chamber of Commerce number: 64841693
VAT identification number: NL219839773B02
 
 
Article 3 - Applicability

1. These general terms and conditions apply to every offer made by TAKNO and to every distance contract and orders concluded between TAKNO 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, before the distance contract is concluded, it will be indicated that the general conditions can be viewed at TAKNO and 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, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge electronically at the request of the consumer.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that most favorable.

5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, must be explained 'in the spirit' of these general conditions.
 
Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. TAKNO is entitled to change and adjust the offer.

3. The offer contains 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 TAKNO uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind TAKNO.

4. All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.

5. Images for products are a true reflection of the products offered. TAKNO can not guarantee that the displayed colors exactly match the real colors of the products.

6. 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;
• the possible costs of shipping;
• the manner in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the deadline for accepting the offer or the period within which TAKNO guarantees the price;
• the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication tool used;
• whether the agreement will be filed after the conclusion and, if so, how it can be consulted by the consumer;
• the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which TAKNO is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of an extended transaction.
 
 
 
Article 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

2. If the consumer has accepted the offer electronically, TAKNO will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by TAKNO, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, TAKNO 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, TAKNO will take appropriate security measures to this end.

4. TAKNO can - within the law - 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 TAKNO has good reasons not to enter into the agreement, it is entitled to refuse an order or request motivated or to attach special conditions to the execution.

5. With the product or service TAKNO will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the TAKNO branch where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these conditions, unless TAKNO 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. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
 
Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed by TabyNO and announced by the consumer.

2. During the reflection period, the consumer will handle the product and packaging carefully. 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 TAKNO, in accordance with the reasonable and clear instructions provided by TAKNO.

3. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform TAKNO of this within 14 days after receipt of the product. The consumer must make this known through the contact form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

4. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3. the product has not returned to TAKNO, the sale is a fact.
When delivering services:

1. When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.

2. In order to make use of his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by TAKNO in the offer and / or at the latest with the delivery.
 
Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.

2. If the consumer has paid an amount, TAKNO will reimburse this amount as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.
 
Article 8 - Exclusion of right of withdrawal

1. TAKNO can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if TAKNO has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. which have been established by TAKNO in accordance with the specifications of the consumer;

b. that are clearly personal in nature;

c. which can not be returned due to their nature;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market on which TAKNO has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

a. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;

b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;

c. regarding betting and lotteries.
 
 
Article 9 - The price

1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, TAKNO may offer products or services whose prices are subject to fluctuations in the financial market and which TAKNO has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if TAKNO has stipulated this and:
;
a. they are the result of statutory regulations or stipulations; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, TAKNO is not obliged to deliver the product at the wrong price.
 
Article 10 - Conformity and Guarantee

1. TAKNO guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, TAKNO also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by TAKNO, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against TAKNO under the agreement.

3. Any defects or incorrectly delivered products must be reported to TAKNO in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

4. The warranty period of TAKNO corresponds to the manufacturer's warranty period. However, TAKNO is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The guarantee does not apply if:

• The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;

• The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of TAKNO and / or treated on the packaging;

• The inadequacy wholly or partially is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.
 
Article 11 - Delivery and execution

1. TAKNO will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

4. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.

5. In case of dissolution in accordance with paragraph 3 of this article, TAKNO will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, TAKNO will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated 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 any return shipment will be borne by TAKNO.

7. The risk of damage and / or loss of products rests with TAKNO up to the moment of delivery to the consumer or a pre-designated and made representative to TAKNO, unless expressly agreed otherwise.
 
Article 12 - Duration transactions: duration, cancellation and extension
Cancellation

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period. up to one month.

3. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Expensive

5. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
 
Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of a contract for the provision of a service, this will period after the consumer has received confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in the provided or stated payment details to TAKNO without delay.

3. In the event of default by the consumer, TAKNO has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
 
Article 14 - Complaints procedure
1. TAKNO has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the contract must be submitted to TAKNO fully and clearly described within 7 days after the consumer has discovered the defects.

3. Complaints submitted to TAKNO will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, TAKNO will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

5. In case of complaints, a consumer must first turn to TAKNO. For complaints that can not be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution can not be found, the consumer has the possibility to have his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision is binding and both TAKNO and consumer agree with this binding decision. Submitting a dispute to this arbitration board are costs that the consumer must pay to the relevant commission. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/). odr).

6. A complaint does not suspend TAKNO's obligations, unless TAKNO indicates otherwise in writing.

7. If a complaint is found to be well-founded by TAKNO, TAKNO will at its option or replace or repair the delivered products free of charge.
 
Article 15 - Disputes

1. Only Dutch law applies to agreements between TAKNO and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.
 
Article 16 - Additional or deviating provisions

Additional provisions or deviating from these 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.