General Terms and Conditions for Toronda VOF.

Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
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 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 different provisions

Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. Reflection period: the period within which the consumer can make use of his
    right of withdrawal;
  2. 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;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a range of products
    and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to
    store information addressed to him personally in a way that future
    consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to waive within the cooling-off period
    of the distance contract;
  7. Model form: the model withdrawal form that 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 supplies products and/or services remotely
    offers consumers;
  9. Distance contract: an agreement in which, in the context of a
    entrepreneur-organized system 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;
  10. Distance communication technique: means that can be used for closing
    of an agreement, without the consumer and entrepreneur simultaneously occupying the same space
    have come together.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Toronda Engineering V.O.F;

Industriestraat 10

6135 KH Sittard

Phone number: 0031 6 8284 5959
Email: info@toronda.com
Chamber of Commerce number: 77864549
VAT identification number: NL861175517B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every
    distance contract and orders concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions
    conditions made available to the consumer. If this is not reasonably possible,
    before the distance contract is concluded, it is indicated that the general
    conditions can be viewed at the entrepreneur and they will be sent as soon as possible at the request of the consumer
    may be sent free of charge.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph,
    and before the distance contract is concluded, the text of these general terms and conditions
    be made available to the consumer electronically in such a way that
    it can be easily stored by the consumer in a sustainable manner
    data carrier. If this is not reasonably possible, before the distance contract
    is closed, it will be indicated where of the general terms and conditions electronically
    can be consulted and that, at the request of the consumer, they are sent electronically or
    otherwise will be sent free of charge.
  4. In the event that, in addition to these general terms and conditions, specific product or
    terms of service apply, the second and third paragraphs of corresponding
    apply and the consumer can always opt-out in the event of conflicting general terms and conditions
    rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions at any time are wholly or
    are partially null and void or destroyed, the agreement and these terms and conditions shall remain
    the remainder and will immediately replace the relevant provision in mutual consultation
    are as close as possible to the purport of the original by a provision.
  6. Situations that are not regulated in these general terms and conditions must be assessed ‘according to’
    the spirit” of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our
    terms and conditions, must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be
    expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products offered
    and/or services. The description is sufficiently detailed to allow a proper assessment of the
    offer by the consumer. If the entrepreneur uses
    images, these are a true representation of the products offered and/or
    services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot be a reason
    are liable for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered.
    Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real ones
    colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and
    obligations associated with the acceptance of the offer. This concerns in the special:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are taken for this purpose
    needed;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the term for acceptance of the offer, or the term within which the
    entrepreneur guarantees the price;
  • the amount of the tariff for distance communication if the costs of the
    use of the technology for distance communication are calculated on a
    basis other than the regular basic rate for the used
    means of communication;
  • whether the agreement will be archived after it has been concluded, and if so, how
    it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement,
    can check data provided in the context of the agreement and if
    desired restore;
  • any other languages ​​in which, in addition to Dutch, the agreement can be
    be closed;
  • the codes of conduct to which the entrepreneur is subject and the manner
    on which the consumer can consult these codes of conduct electronically;
    and
  • the minimum duration of the distance contract in the case of a long-term transaction.
  • Optional: available sizes, colours, type of materials.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of
    acceptance by the consumer of the offer and compliance with the
    requirements.
  2. If the consumer has accepted the offer electronically, the
    entrepreneur without delay electronically the receipt of the acceptance of the
    offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the
    consumer to dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
    organizational measures to secure the electronic transfer of data and ensures
    for a secure web environment. If the consumer can pay electronically, the entrepreneur will
    take appropriate safety precautions.
  4. The entrepreneur can inform himself – within legal frameworks – whether the consumer
    can meet its payment obligations, as well as all those facts and factors that are important
    for a responsible conclusion of the distance contract. If the entrepreneur on the basis of
    of this investigation has good reasons not to enter into the agreement, he is entitled
    motivated to refuse an order or request or to the implementation of special conditions
    to connect.
  5. The entrepreneur will provide the consumer with the following information in writing with the product or service:
    or in such a way that it can be used in an accessible manner by the consumer
    stored on a durable data carrier, enclose:
    a. the visiting address of the establishment of the entrepreneur where the consumer goes with complaints
    can;
    b. the conditions under which and the way in which the consumer of the right of withdrawal
    may use, or a clear statement regarding the exclusion of the
    right of withdrawal;
    c. the information about guarantees and existing after-sales service;
    d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur
    has already provided data to the consumer before the execution of the agreement;
    e. the requirements for termination of the agreement if the agreement has a duration of
    is more than one year or of indefinite duration.
  6. In the case of an expensive transaction, the provision in the previous paragraph only applies to the
    first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient
    availability of the respective products.

Article 6 – Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option of canceling the agreement without
    statement of reasons to terminate within 14 days. This reflection period starts on the day
    after receipt of the product by the consumer or a pre-designated by the consumer
    and a representative notified to the entrepreneur.
  2. 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 uses his right of withdrawal
    makes the product, he will return the product with all accessories supplied and – if reasonably possible – in
    return the original condition and packaging to the entrepreneur, in accordance with the
    entrepreneur provided reasonable and clear instructions.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to do so
    to be made known to the entrepreneur within 14 days of receipt of the product. It
    the consumer must make this known by means of the model form. After the consumer
    has indicated 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 in a timely manner, for example by means of proof of shipment.
  4. If the customer has not made known after the expiry of the periods referred to in paragraphs 2 and 3
    to want to make use of his right of withdrawal resp. does not have the product to the entrepreneur
    returned, the sale is a fact.
    When providing services:
  5. When providing services, the consumer has the option of canceling the agreement without notice
    for reasons of termination for at least 14 days, commencing on the day of entering into
    of the agreement.
  6. To make use of his right of withdrawal, the consumer will refer to the
    entrepreneur with the offer and/or at the latest upon delivery, reasonable and clear
    instructions.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of
    return shipment at his expense.
  2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible
    possible, but no later than 14 days after cancellation. However, the condition is
    that the product has already been received back by the web retailer or conclusive proof of complete
    return can be discussed. Refunds will be made via the same payment method that
    has been used by the consumer unless the consumer expressly gives permission for a
    other payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the
    consumer liable for any loss of value of the product.
  4. The consumer cannot be held liable for any loss of value of the product
    when not all legally required information about the right of withdrawal has been provided by the entrepreneur
    provided, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products such as
    described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
    the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement
    mention.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. that have been established by the entrepreneur in accordance with the specifications of the
    consumer;
    b. which are clearly personal in nature;
    c. which by their nature cannot be returned;
    d. which can spoil or age quickly;
    e. whose price is subject to fluctuations in the financial market on which the
    entrepreneur has no influence;
    f. for individual newspapers and magazines;
    g. for audio and video recordings and computer software of which the consumer removes the seal
    has broken.
    h. for hygienic products of which the consumer has broken the seal.
    Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific
    date or during a specified period;
    b. the delivery of which has commenced with the express consent of the consumer before the
    reflection period has expired;
    c. concerning betting and lotteries.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the
    products and/or services not increased, except for price changes as a result of changes
    in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices
    are subject to fluctuations in the financial market and over which the entrepreneur has no influence
    has, with variable prices. This dependence on fluctuations and the fact that
    any prices stated 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 statutory 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:
    a. they are the result of statutory regulations or provisions; or
    b. the consumer has the authority to cancel the agreement with effect from the day
    which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. For the consequences of pressure – and
    misprints no liability is accepted. In the 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

  1. The entrepreneur guarantees that the products and/or services comply with the agreement,
    the specifications stated in the offer, the reasonable requirements of reliability and/or
    usability and the existing on the date of the conclusion of the agreement
    legal provisions and/or government regulations. If agreed, the entrepreneur
    also ensure that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal
    rights and claims that the consumer may have against the consumer under the agreement
    entrepreneur can assert.
  3. Any defects or incorrectly delivered products must be reported within 2 months after delivery
    to be reported to the entrepreneur in writing. Return of the products must be made
    in the original packaging and in mint condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The
    However, the entrepreneur 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 warranty does not apply if:
  • The consumer has repaired and/or processed the delivered products himself or
    has had third parties repaired and/or edited;
  • The delivered products have been exposed to abnormal conditions or
    otherwise treated with care or contrary to the directions of
    the entrepreneur and/or on the packaging have been treated;
  • The fault, in whole or in part, is the result of regulations that
    government has made or will make with regard to the nature or quality of the
    applied materials.

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving
    and in the execution of orders for products and in the assessment of applications for
    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 about this in paragraph 4 of this article, the company will
    accept accepted orders expeditiously but at the latest within 30 days, unless
    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 receive notification of this no later than 30 days after he has placed the order.
    In that case, the consumer has the right to dissolve the agreement without costs. The
    consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot comply with any stated terms
    derive rights. Exceeding a term does not entitle the consumer to
    compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the
    consumer has paid as soon as possible, but no later than 14 days after dissolution,
    pay back.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort
    to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and
    understandably informed that a replacement item is being delivered. With replacement
    articles, the right of withdrawal cannot be excluded. The costs of any
    return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the
    time of delivery to the consumer or a pre-designated and to the entrepreneur
    announced representative, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

cancellation

  1. The consumer may enter into an agreement that has been entered into for an indefinite period and which extends to the
    regular delivery of products (including electricity) or services, at all times
    cancel with due observance of the agreed cancellation rules and a
    notice period of at most one month.
  2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to the
    regular delivery of products (including electricity) or services, at all times
    terminate at the end of the fixed term with due observance of the agreed upon conditions
    cancellation rules and a notice period of no more than one month.
  3. The consumer can conclude the agreements referred to in the previous paragraphs:
    • cancel at any time and are not limited to cancellation at a specific time or in
    a certain period of time;
    • at least cancel in the same way as they entered into by him;
    • always cancel with the same notice period as the entrepreneur has for himself
    stipulated.
    extension
  4. An agreement that has been entered into for a definite period of time and which extends to regular delivery
    of products (including electricity) or services, may not be implied
    extended or renewed for a specified period.
  5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which
    extends to the regular delivery of daily news and weekly newspapers and magazines tacitly
    be extended for a fixed period of up to three months, if the consumer
    can cancel the extended agreement by the end of the extension with a notice period
    of a maximum of one month.
  6. An agreement that has been entered into for a definite period of time and which extends to 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 no more than three months if the agreement extends to the arranged,
    but less than once a month, delivery of daily, news and weekly newspapers and
    Magazines.
  7. An agreement with a limited duration for the regular delivery of daily,
    news and weekly newspapers and magazines (trial or introductory subscription) will not be
    tacitly continued and ends automatically at the end of the trial or introductory period.
    Expensive
  8. 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 oppose cancellation before the end of the agreed term
    to postpone.

Article 13 – Payment

  1. Unless otherwise agreed, the amount owed by the consumer must be
    amounts to be paid within 7 working days after the start of the cooling-off period as referred to
    in Article 6 paragraph 1. In the event of an agreement to provide a service, this
    term after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to correct inaccuracies in payment details provided or stated
    immediately to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has, subject to statutory
    restrictions, the right to reimburse the reasonable costs made known to the consumer in advance
    to take into account.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles
    the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be made fully and clearly within 2 months
    described are submitted to the entrepreneur, after the consumer has found the defects
    detected.
  3. Complaints submitted to the entrepreneur will be calculated within a period of 14 days from
    the date of receipt. If a complaint has a foreseeable longer processing time
    asks, will be answered by the entrepreneur within the period of 14 days with a message
    of receipt and an indication when the consumer can provide a more detailed answer
    to expect.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible
    for the dispute settlement.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. If there is still
    If a solution cannot be found, the consumer has the option of submitting his complaint
    have it treated by the independent person appointed by the WebwinkelKeur Foundation
    disputes committee, the decision of this is binding and both entrepreneur and consumer
    agree to this binding decision. To submit a dispute to this
    disputes committee are costs that must be paid by the consumer to
    the relevant committee.
  6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur has written
    indicates otherwise.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will
    choice whether to replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. On agreements between the entrepreneur and the consumer to which these general
    terms and conditions, only Dutch law applies. Even if the
    consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of
belong to the consumer and must be recorded in writing or in such a way that this can be stored by the consumer in an accessible manner in a sustainable
data carrier.