Table of Contents
Article 1 – Definitions
Article 2 – Identity of Toilet Tapes B.V.
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuing Performance Contracts: 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 may exercise their 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 Toilet Tapes B.V.;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by Toilet Tapes B.V., which a consumer may complete if they wish to exercise their right of withdrawal;
Toilet Tapes B.V.: the legal entity that offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by Toilet Tapes B.V. for the distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that may be used to conclude a contract without the consumer and trader being physically present in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of Toilet Tapes B.V.
Article 2 – Identity of Toilet Tapes B.V.
Trading name: Toilet Tapes B.V.
Registered office address: Magnesiumstraat 14, 6031 RV, Nederweert, the Netherlands
Visiting address: Magnesiumstraat 14, 6031 RV, Nederweert, the Netherlands
Telephone number: +31 (0)85 13 07 259
Opening hours: Monday to Friday, from 09:00 to 18:00
Email address: info@toilettapes.com
Chamber of Commerce number: 73997129
VAT identification number: NL859737718B01
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by Toilet Tapes B.V. and to every distance contract and order concluded between the trader 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 stated before the distance contract is concluded that the General Terms and Conditions may be inspected at Toilet Tapes B.V. and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from 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 medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the General Terms and Conditions may be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
In the event that specific product or service terms and conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs apply by analogy, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.
Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. Toilet Tapes B.V. is entitled to amend 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 Toilet Tapes B.V. uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Toilet Tapes B.V.
All images, specifications and details in the offer are indicative and may not give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. Toilet Tapes B.V. cannot guarantee that the colours displayed and the fragrances described correspond exactly to the actual colours and fragrances of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which Toilet Tapes B.V. guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which Toilet Tapes B.V. has submitted and the manner in which the consumer may consult these codes of conduct electronically; and
available colours and fragrances and the ingredients declaration.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.
If the consumer has accepted the offer electronically, Toilet Tapes B.V. will promptly confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by Toilet Tapes B.V., the consumer may terminate the agreement.
If the agreement is concluded electronically, Toilet Tapes B.V. will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, Toilet Tapes B.V. will observe appropriate security measures.
Within legal limits, Toilet Tapes B.V. may investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, Toilet Tapes B.V. has good grounds not to enter into the agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
Toilet Tapes B.V. will send the following information to the consumer together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of Toilet Tapes B.V. where the consumer may submit complaints;
the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the details included in Article 4 paragraph 3 of these terms and conditions, unless Toilet Tapes B.V. has already provided these details to the consumer before performance of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
Upon delivery of Toilet Tapes:
When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to Toilet Tapes B.V.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to Toilet Tapes B.V. with all supplied accessories and unopened and unused, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Toilet Tapes B.V.
Opening the packaging and thereby breaking the seal, as well as using the product, is excluded from the right of withdrawal.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify Toilet Tapes B.V. of this within 14 days after receiving the product. The consumer must provide this notification using the model form. After the consumer has notified Toilet Tapes B.V. that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified Toilet Tapes B.V. that they wish to exercise their right of withdrawal or has not returned the product to Toilet Tapes B.V., the purchase is final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, at minimum the costs of returning the goods will be borne by the consumer.
If the consumer has paid an amount, Toilet Tapes B.V. will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by Toilet Tapes B.V. or that conclusive proof of complete return shipment can be provided, and that the products have been received in good condition, meaning without the seal being broken, i.e. unopened. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in value of the product if Toilet Tapes B.V. has not provided all legally required information regarding the right of withdrawal; this must be done before the purchase agreement is concluded.
Article 8 – Exclusion of the Right of Withdrawal
Toilet Tapes B.V. excludes the consumer’s right of withdrawal as described in paragraphs 2 and 3. Toilet Tapes B.V. has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is possible for Toilet Tapes if the consumer has broken the seal of hygienic products. In this case, sealing means that the consumer has opened the packaging, thereby breaking the seal.
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 resulting from changes in VAT rates.
In deviation from the previous paragraph, Toilet Tapes B.V. may offer products or services with variable prices where those prices are subject to fluctuations in the financial market and Toilet Tapes B.V. has no influence over them. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within three months after conclusion of the agreement are permitted if they result from statutory regulations or provisions, changes to the Toilet Tapes product and other justified changes by Toilet Tapes.
The prices stated in the offer of products include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, Toilet Tapes B.V. is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Warranty
Toilet Tapes B.V. 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 statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, Toilet Tapes B.V. also guarantees that the product is suitable for normal use.
Any warranty provided by Toilet Tapes B.V., the manufacturer or the importer does not affect the statutory rights and claims that the consumer may exercise against Toilet Tapes B.V. under the agreement.
Any defects or incorrectly delivered products must be reported to Toilet Tapes B.V. in writing within four weeks of delivery. Products must be returned in their original packaging, unopened, unused and in new condition.
The warranty period of Toilet Tapes B.V. corresponds to the date stated on the packaging. However, Toilet Tapes B.V. 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.
The warranty does not apply if:
the consumer has opened and/or used the delivered products;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Toilet Tapes B.V. and/or the instructions on the packaging;
the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
Toilet Tapes B.V. will exercise the greatest possible care when receiving and processing orders for products.
The place of delivery is the address made known to the company by the consumer.
Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due speed, but no later than within five days, unless the consumer has agreed to a longer delivery period. After placing an order, the consumer will receive a Track & Trace code with which they can follow the order.
All delivery periods are indicative. The consumer may not derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
If delivery of an ordered product proves impossible, Toilet Tapes B.V. will endeavour to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal is excluded for replacement items. The costs of any return shipment are always borne by the consumer.
The risk of damage to and/or loss of products rests with Toilet Tapes B.V. until the moment of delivery to the consumer or to a representative designated in advance and made known to Toilet Tapes B.V., unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as Toilet Tapes B.V. has stipulated for itself.
Renewal
An agreement entered into for a fixed period and which provides for the regular delivery of products may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement provides for the regular, but less than once monthly, delivery of daily, news and weekly newspapers and magazines.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Toilet Tapes B.V.
In the event of non-payment by the consumer, Toilet Tapes B.V. has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Toilet Tapes B.V. has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to Toilet Tapes B.V. fully and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to Toilet Tapes B.V. will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Toilet Tapes B.V. will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
In the event of complaints, a consumer must always contact Toilet Tapes B.V.
A complaint does not suspend the obligations of Toilet Tapes B.V., unless Toilet Tapes B.V. indicates otherwise in writing.
If a complaint is found to be well-founded by Toilet Tapes B.V., Toilet Tapes B.V. will, at its discretion, replace the delivered products free of charge.
Article 15 – Disputes
Agreements between Toilet Tapes B.V. and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.