Terms of service

 


General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise the right of withdrawal;
  • Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Continuous transaction: A distance contract concerning a series of products and/or services, where the delivery and/or performance obligation is spread over time;
  • Durable data carrier: Any medium that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers;
  • Distance contract: A contract concluded in the context of an organized system for distance selling of products and/or services, where up to and including the conclusion of the contract only one or more techniques for distance communication are used;
  • Technique for distance communication: A means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room;
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company name: TommieTShop
  • Email: support@tommietshop.eu
  • Chamber of Commerce number: 91673631
  • VAT identification number: NL9274957634

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur 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 this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur and will be sent to the consumer free of charge upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request. In the event that specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs are correspondingly applicable, and the consumer can always invoke the provision that is most favorable to him in case of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced promptly by a provision that closely resembles the original intent. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the explanation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes a full and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to accepting the offer. This concerns in particular:

  • The price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding import VAT. This arrangement applies when the goods are imported into the destination EU country, as is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs duties) from the recipient of the goods;
  • The possible costs of shipping;
  • The way 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 term for accepting the offer, or the term within which the entrepreneur guarantees the price;
  • The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the standard rate for the communication method used;
  • Whether the agreement will be archived after conclusion and, if so, how the consumer can consult it;
  • How the consumer can check and, if desired, correct the information provided by him in the context of the agreement before concluding the agreement;
  • The possible other languages in which the agreement can be concluded, besides Dutch;
  • The codes of conduct to which the entrepreneur has subjected itself and how the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance contract in the case of a continuous transaction. Optionally: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the 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. 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 also take appropriate security measures. The entrepreneur can inform himself – within legal limits – of whether the consumer can meet his payment obligations, as well as of all facts and factors that are relevant for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to conclude the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, either in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  2. 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;
  3. Information about warranties and after-sales service;
  4. The information mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before the execution of the agreement;
  5. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is concluded under the suspensive condition of the availability of the relevant products.

Article 6 – Right of Withdrawal

In the purchase of products, the consumer has the possibility to terminate the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and known to the entrepreneur. During the cooling-off 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 supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The notification must be made by written notice/email. After the consumer has notified the entrepreneur 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 items have been returned in time, for example by means of proof of shipment. If the customer does not notify the intention to use the right of withdrawal within the terms mentioned in paragraphs 2 and 3 or does not return the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the retailer or proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. Exclusions are:

  1. Products manufactured to the consumer’s specifications or that are clearly personal in nature;
  2. Products that, by their nature, cannot be returned, such as perishable goods;
  3. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. By way of deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on. The offer will state that the prices are subject to fluctuations and that the stated prices are target prices. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or stipulations. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or stipulations; or
  • The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement. The consumer is obliged to check the delivered product or service as soon as possible. If a product or service does not meet the agreement, the consumer must notify the entrepreneur in writing or by email within a reasonable period.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has provided to the entrepreneur. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 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 no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payment

As far as not otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the start of the cooling-off period or, if no cooling-off period is applicable, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term starts after the consumer has received the confirmation of the agreement. The consumer is obliged to immediately report inaccuracies in the provided or stated payment details to the entrepreneur. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs incurred.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur promptly, fully, and clearly described after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.

Article 14 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions 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.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 in relation to the "Act to Amend the Turnover Tax Act 1968 (Act Implementing the Payment Services Directive)" and the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.