Table of Contents:

Article   1 – Definitions
Article   2 – Owners Identity
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 from withdrawal
Article   9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional and different provisions
Model withdrawal form

Article 1 – Definitions
The following definitions apply in these terms and conditions:

  1. Cooling-off period: The period during which the consumer can exercise his right of withdrawal
  2. Consumer: the natural person not acting in the exercise of profession or business engaging in a distance contract with the entrepreneur
  3. Day: calendar day
  4. Extended duration contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period
  5. Data storage device: every means that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information
  6. Right of withdrawal : the possibility for the consumer to waive the distance contract within the cooling-off period
  7. Model form: the model form for withdrawal the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance
  9. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the contract is concluded
  10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.
  11. General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

H.P.A. Hobbelink – Tuareq
Slotgraskamp 11
8162XZ Epe (Gld)
+31629320087
Email address: info@tuareq.eu
Chamber of commerce number: 73808709
VAT identification number: NL053724951B03

Article 3 – Applicability

  1. These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement or order between entrepreneur and consumer.
  2. The consumer shall be provided with these general conditions before the distance contract is concluded. If this is not reasonably possible, it shall be announced before the distance contract is concluded that the general conditions are available for inspection on the entrepreneur’s business premises and shall be forwarded as soon as possible free of charge at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the entrepreneur will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  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 accordingly, and in the event of contradictory terms and conditions, the consumer may always appeal to the applicable provision that is most favourable to him/her.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
  6. Situations that are not regulated in these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and 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. The entrepreneur is entitled to change and adjust the offer.
  3. The offer shall include a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses illustrations, these shall be a true representation of the products and/or services offered. The entrepreneur shall not be bound by obvious mistakes or errors in the offer.
  4. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the product.
  5. All images, specifications or data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  6. The information in each offer shall be such that it is unambiguous to the customer which rights and obligations are involved in the acceptance of the offer.
    This includes, in particular:
    • the price including taxes
    • the possible costs of shipment
    • the manner in which the agreement will be concluded and which actions are required for this
    • whether or not the right of withdrawal is applicable
    • the method of payment, delivery and implementation of the agreement
    • the period for accepting the offer, or the period within which the entrepreneur guarantees 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 regular basic rate for the means of communication used
    • whether the agreement is archived after its conclusion, and if so how the consumer can consult it
    • the way in which the consumer, before concluding the agreement, can verify the information provided by him under the agreement
    • any other languages in which, in addition to Dutch, the agreement can be concluded
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically
    • and the minimum duration of the distance agreement in the event of an extended transaction.

Article 5 – The agreement

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets 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 entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
  3. If the contract is concluded electronically, the entrepreneur will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take suitable security measures
  4. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation of this agreement
  5. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
    • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
    • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
    • Information about guarantees and after sales service
    • the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the contract
    • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal
Delivery:

  1. When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur
  2. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the entrepreneur, with all accessories supplied, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. He must do this using the model form, after which he must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of a proof of shipment.
  4. If the consumer has not made it known to the entrepreneur that he wants to execute his right of withdrawal or returned the product within the period as indicated in paragraph 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

  1. If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer gives explicit permission for a different payment method.
  3. In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase.

 Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can 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.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that were created by the entrepreneur in accordance with the consumer’s specifications
    • that are clearly personal in nature
    • that cannot be returned due to their nature that can spoil or age quickly
    • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence
    • for individual newspapers and magazines
    • for audio and video recordings and computer software of which the consumer has broken the seal
    • for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period
    • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired
    • concerning bets and lotteries.

Article 9 – The price

  1. During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal 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
    • the consumer has the authority to cancel the agreement from the day on which the price increase takes effect.
  5. The prices stated in the range 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 typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services meet the contract 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 or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. 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.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur will never be responsible for the final suitability of items for the individual use thereof by the customer, nor for any recommendations on the use or application of the items.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties
    • The delivered products are exposed to abnormal circumstances or are otherwise carelessly treated and/or have been treated contrary to the instructions of the entrepreneur on the packaging
    • The defectiveness of the item is in part or in whole a consequence of regulations pertaining to the nature or quality of the materials used as imposed by the government.

Article 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.
  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 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 cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
  6. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
  7. The risk of loss and/or damage to products rests upon the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise..

Article 12 – Payment

  1. Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to in article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
  2. The consumer is obliged to report immediately to the entrepreneur any inaccuracies in payment data provided or stated.
  3. In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the consumer reasonable costs which are made known to the consumer in advance.
  4. After ordering via the web shop, the consumer receives a confirmation by email. Confirmation by email will state that an email with payment details will be sent to him as soon as possible. After receiving the payment data, the consumer can proceed to payment of his order through his own banking environment. After the consumer has paid, the product will be sent to the address specified by the consumer.

Article 13 – Complaints procedure

  1. The entrepreneur provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be described fully and clearly within reasonable time and submitted to the entrepreneur after the consumer has observed the defects.
  3. 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 notify the consumer within a period of 14 days with an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In the event of complaints, a consumer must first of all turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace the delivered products or repair them free of charge.

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is living abroad. The Vienna Sales Convention does not apply.

Article 15 – Additional or different provisions

Additional stipulations or stipulations that differ from the present general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium. 

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To:
Tuareq
Slotgraskamp 11
8162XZ Epe (Gld)
info@tuareq.eu
+31629320087

– I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/provision of the following service

– Ordered (DD-MM-YYYY) :                                   

– Order number :

– Received (DD-MM-YYYY):

– Name/Names consumer(s)

– Address consumer(s) :

 – IBAN bank account:

– Consumer(s) Signature (only when form is filled on paper)

– Date (DD-MM-YYYY):