General terms and conditions
Table of Contents:
- Article 1 - Definitions
- Article 2 - Identity of the economic operator
- 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 guarantee
- Article 11 - Delivery and performance
- Article 12 - Duration transactions: duration, termination and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 Disputes
- Article 16 - Additional or exceptional provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the meanings set forth below:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended duration transaction: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over a period of time;
Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader, which a consumer can fill in if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement under which, within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the economic operator
Foxworks Design, trading as Tiny Tokens
Chamber of commerce number:
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the trader and every distance contract concluded and orders placed between the trader and the consumer.
- Before concluding a distance contract, the text of these general terms and conditions shall 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 terms and conditions at the operator's and conditions to see and at the consumer's request as soon as possible they will be sent free of charge.
- If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they shall be sent to the consumer electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are null and void or are nullified in whole or in part at any time, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the purport of the original as much as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offering
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed 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 errors or mistakes in the offer are not binding on the Entrepreneur.
- All images, specifications data in the offer are an indication and cannot be a claim for compensation or dissolution of the agreement.
- Product images are a true representation of the products on offer. Entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- 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 costs of shipment, if any;
- the manner in which the agreement will be concluded and the actions required for this;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the buyer guarantees the price;
- the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
- whether the contract is archived after it has been concluded, and if so, on what basis it can be consulted by the consumer;
- the way in which, before the conclusion of the contract, the consumer can check the information provided by him in the context of the contract and, if he so wishes, restore it;
- the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a duration transaction.
- Available sizes, colors, type of materials.
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set out therein.
- If the consumer has accepted the offer electronically, the online buyer will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are necessary for a responsible conclusion of the distance contract. If, as a result of this investigation, the entrepreneur has good reasons not to enter into the agreement, he shall be entitled to refuse an order or application or to attach special conditions to the implementation.
- With the product or service, the entrepreneur shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the proprietor's office where the consumer can complain;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication as to whether the consumer is excluded from the right of withdrawal;
- the information about warranties and existing after-sales service;
- the data included in article 4, paragraph 3 of these terms and conditions, unless the company has already provided the consumer with these data prior to the execution of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason to dissolve during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur.
- During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he uses his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days after receipt of the product. The consumer should make the information known using the standard form. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of dispatch.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated his intention to exercise his right of withdrawal or has not returned the product to the proprietor, the purchase is a fact.
In case of delivery of services:
- When services are supplied, the consumer has the option of dissolving the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
- To exercise his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the trader at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall be liable for, at most, the costs of returning the goods.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the webshop or that conclusive proof of complete return can be provided. Reimbursement will be made using the same payment method used by the consumer unless the consumer expressly agrees to another payment method.
- In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
- The consumer cannot be held liable for depreciation of the product if the trader has not provided all the legally required information about the right to re-disclaim, this must happen before the purchase contract is concluded.
Article 8 - Exclusion of the right of withdrawal
- The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the third party clearly states this in the offer, at least in good time before the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the Entrepreneur in accordance with the Consumer's specifications;
- which are clearly of a personal nature;
- which by their nature cannot be returned;
- which are liable to deteriorate or age rapidly;
- the price of which is bound to fluctuations in the financial market over which the trader has no influence;
- for separate newspapers and periodicals;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygiene products for which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant or leisure activities, to be performed on a specific date or during a specific period;
- whose delivery has commenced with the consumer's express consent before the expiry of the cooling-off period;
- in respect of betting and lotteries.
Article 9 - The price
- 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.
- Contrary to the previous paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market and on which the operator has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases as from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and printing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
- The trader guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer on the basis of the contract against the trader can assert.
- Any defects or faulty products should be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in a new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the trustee is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer himself has repaired and/or processed the delivered products or has had them repaired and/or processed by third parties;
- The delivered products are exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of the operator and/or on the packaging treated;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
- The operator will take the greatest possible care in receiving and in the execution of orders of products and in the assessment of requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of the stipulations in paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 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 carried out, the consumer receives this at the latest 30 days after he has placed the order message. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of the periods mentioned. Exceeding a deadline does not entitle the consumer to compensation for damages.
- In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the consumer the amount paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement product available. No later than at the time of delivery, a clear and comprehensible notification will be given that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur's account.
- The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative appointed in advance and announced to the Entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
- The consumer can terminate a contract for an indefinite period of time, which extends to the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice of at most one month.
- The consumer can terminate a fixed-term contract, which extends to the regular delivery of products or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice of at most one month.
- The consumer can choose the contracts referred to in the previous paragraphs:
- cancel at all times and are not limited to termination at a certain time or in a certain period of time;
- at least give notice in the same way as they have entered into a contract with him;
- always terminate with the same notice as the company has claimed for itself.
- A fixed-term contract that is intended for the regular delivery of products or services may not be tacitly renewed or renewed for a fixed period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded and that extends to the regular delivery of daily newspapers, weeklies and periodicals may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended contract towards the end of the renewal with a notice of no more than one month.
- A fixed-term contract that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer is at all times entitled to terminate with a notice of up to one month and a notice of up to three months in the case of a contract for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
- A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year of the contract, the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness preclude termination before the end of the term of the contract.
Article 13 - Payment
- Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, that period shall begin from the time when the consumer receives confirmation of the contract.
- The consumer has the obligation to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
- In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be fully and clearly described within 7 days to be submitted to the entrepreneur, after the consumer has found the defects.
- A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer weathering time, the trader will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in mutual consultation, a dispute will arise that is susceptible to the dispute settlement scheme.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.
Article 15 Disputes
- Contracts between the proprietor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Privacy
The privacy of the consumer is guaranteed by our privacy statement. This privacy statement forms part of the complete general terms and conditions, and can be read here: www.tiny-tokens.com/index.php/privacy-statement. When the consumer agrees with these general terms and conditions, he declares to have taken cognizance of the content of our privacy statement.
Article 17 - Additional or exceptional provisions
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 the consumer can store them in an accessible manner on a durable medium.