Terms and Conditions
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the trader
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination and extension
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 can 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 the trader.
- Day: calendar day.
- Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time.
- Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Model form: the model withdrawal form made available by the trader that a consumer can complete when they wish to exercise their right of withdrawal.
- Trader: the natural or legal person who offers products and/or services at a distance to consumers.
- Distance contract: a contract under which, within the framework of a system for distance selling organized by the trader, use is made exclusively of one or more techniques for distance communication.
Article 2 - Identity of the trader
Tormino B.V.
Pletterij 35 F
2211 JT Noordwijkerhout
Netherlands
Email: support@tormino.com
Chamber of Commerce number: 84663545
VAT number: NL8633.03.808.B.01
Note: pickup or visits are not possible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated that the general terms and conditions can be inspected at the trader's premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available by electronic means in such a way that it can be easily stored by the consumer on a durable medium.
4. If specific product or service conditions apply in addition to these general terms and conditions, the consumer may always rely on the provision that is most favorable to them in case of conflicting conditions.
5. If one or more provisions in these general terms and conditions are wholly or partially void or nullified at any time, the contract and these conditions remain in force for the rest, and the provision will be replaced by one that approximates the intent of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is subject to conditions, this is expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
3. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
4. Product images are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.
5. Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer by electronic means, the trader confirms receipt of the acceptance by electronic means without delay.
3. If the contract is concluded electronically, the trader takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment.
4. The trader may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into the distance contract responsibly.
5. The trader will send the following information to the consumer with the product or service: the visiting address where the consumer can go with complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal; information about warranties and existing after-sales service; and the requirements for termination of the contract if it has a duration of more than one year.
Article 6 - Right of withdrawal
For delivery of products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 days. This cooling-off period starts on the day after the consumer receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. After exercising the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the returned goods were sent in a timely manner.
4. If the customer has not notified their wish to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase is final.
For delivery of services:
5. When delivering services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, the costs of return shipping are at their expense.
2. 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. Refund will be made via the same payment method used by the consumer, unless the consumer gives written consent for a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for a reduction in value of the product if the trader has not provided all mandatory information about the right of withdrawal.
Article 8 - Exclusion of right of withdrawal
1. The trader may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion only applies if the trader has clearly stated this in the offer, or at least before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products: that have been manufactured by the trader in accordance with the consumer's specifications; that are of a personal nature; that cannot be returned by their nature; that can spoil or age quickly; for audio and video recordings and computer software whose seal has been broken by the consumer; and for hygienic products whose seal has been broken by the consumer.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates.
2. By way of exception, the trader may offer products and/or services whose prices are subject to fluctuations on the financial market at variable prices.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Article 10 - Conformity and warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the contract is concluded.
2. A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery.
Article 11 - Delivery and execution
1. The trader will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to what is stated in paragraph 4, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not give the consumer the right to compensation.
5. In case of dissolution, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer.
Article 12 - Long-term transactions
Termination:
1. The consumer may terminate a contract for an indefinite period at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract for a fixed period at the end of the fixed term with a notice period of no more than one month.
Extension:
3. A contract for a fixed period may not be tacitly extended.
Duration:
4. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the trader without delay.
3. In case of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints procedure
1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
2. Complaints about the execution of the contract must be submitted to the trader within 2 months, fully and clearly described.
3. Complaints submitted to the trader will be answered within 14 days, counted from the date of receipt.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first contact the trader.
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
Article 15 - Disputes
1. Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate.
2. The Vienna Sales Convention does not apply.
Article 16 - 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 medium.
