Terms and Conditions

General Terms and Conditions - Thorture V.O.F.
General sales and delivery conditions of Thorture V.O.F. filed with the Chamber of Commerce Brabant under number 80103804

Table of contents:
Article 1 - Definitions
Article 2 - Identity of Thorture V.O.F.
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of Thorture V.O.F. upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviating provisions

Article 1 - Definitions
In these conditions the following terms have the following meanings:
1. Additional products agreement: an agreement whereby the consumer acquires digital content and / or services in connection with a distance agreement and these goods, digital content and / or services by Thorture V.O.F. are provided by a third party on the basis of an agreement between that third party and Thorture V.O.F.;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the rapid delivery of goods, services and / or digital content during a specific period;
7. Durable medium: any tool - including special e-mail - that the consumer of Thorture V.O.F. enables to store information addressed to him personally in a way that allows future consultation of use for a period of time intended for the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
9. Distance contract: an agreement concluded between Thorture V.O.F. and the consumer is concluded within the framework of an organized system for distance sales of products, digital content and / or services, whereby up to and including the conclusion of the agreement, only one or more techniques for distance communication are used. ;
10. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
11. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and Thorture V.O.F. need to have met in the same room right away.

Article 2 - Identity of the entrepreneur
Thorture V.O.F.
Business address: Wilhelminastraat 68, 5104GD Dongen;
Telephone number: 06 15209898
E-mail address: info@thorture.nl
Chamber of Commerce number: 80103804
VAT identification number: NL80103804B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer of the Thorture V.O.F. and on any distance contract concluded between Thorture V.O.F. and consumer.
2. 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, the Thorture V.O.F. before the distance contract is concluded, indicate how the general terms and conditions of the Thorture V.O.F. can be inspected and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be set by the consumer in a simple manner that can be stored in a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most relevant to him. is favorable.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and / or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Thorture V.O.F uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer bind Thorture V.O.F. not.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
4. All offers are without obligation and are valid as long as stocks last. An offer containing a term can be submitted by Thorture V.O.F. nevertheless revoked, even after receipt of the order, provided that within 5 working days of receipt of that order.

Article 5 - The agreement
1. An agreement is only deemed to have been validly concluded after Thorture V.O.F. has confirmed the order in writing or has started the execution of the order. The content of the agreement is determined by the quotation and / or order confirmation from Thorture V.O.F. and these terms and conditions.
2. If - after the assignment has been issued - an additional assignment is submitted, the originally agreed delivery time will be canceled.
3. Other party and Thorture V.O.F. expressly agree that by using electronic forms of communication a valid agreement is concluded as soon as the conditions set out in Articles 5.1 and 5.2 have been met. The lack of a signature in particular does not affect the binding force of the offer and its acceptance.
4. Thorture V.O.F. can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If Thorture V.O.F. based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. Thorture V.O.F. will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
the visiting address of the branch of Thorture V.O.F. where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. Thorture V.O.F. the consumer may ask for the reason for the withdrawal, but not oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Thorture V.O.F. may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if Thorture V.O.F. has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the Thorture V.O.F .. within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) Thorture V.O.F .. This is not necessary if Thorture V.O.F. offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the conditions provided by Thorture V.O.F. provided reasonable and clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Thorture V.O.F. has not reported that the consumer must bear these costs or if Thorture V.O.F. indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the reflection period, the consumer is Thorture VOF an amount that is proportional to that part of the obligation that Thorture V.O.F. has been fulfilled at the time of withdrawal, compared to full fulfillment of the obligation.
7. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the reflection period;
b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
c. de Thorture V.O.F. failed to confirm the consumer's statement.
8. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 - Obligations of the Thorture V.O.F. upon withdrawal
1. If the Thorture V.O.F. makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The Thorture V.O.F. reimburses all payments made by the consumer, including any delivery costs by the Thorture V.O.F. will be charged for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the Thorture V.O.F. offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The Thorture V.O.F. uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Thorture V.O.F. not to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal
Thorture V.O.F. can exclude the following products and services from the right of withdrawal, but only if Thorture V.O.F. clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Service contracts, after full performance of the service, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he will lose his right of withdrawal as soon as the Thorture V.O.F. has fully executed the agreement;
2. Products that spoil quickly or have a limited shelf life;
3. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
4. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
5. Newspapers, magazines or magazines, with the exception of subscriptions to these;
6. The supply of digital content other than on a tangible medium, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal by doing so.

Article 11 - The price
1. All quotations and prices of Thorture V.O.F. are shown in euros and include VAT and other costs related to the agreement, such as taxes.
2. Delivery costs are not included in the price unless stated otherwise.
3. If the prices of materials, taxes and / or other factors that partly determine the price of the goods undergo a change after the conclusion of the agreement, Thorture V.O.F. entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforementioned does not entitle the other party to compensation for any damage.

 

Article 12 - Fulfillment of the agreement and extra guarantee
1. Thorture V.O.F. 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 legal provisions and / or government regulations existing on the date of the conclusion of the agreement . If agreed, Thorture V.O.F. also ensure that the product is suitable for other than normal use.
2. An additional guarantee provided by Thorture V.O.F., its supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement against Thorture V.O.F. can assert if Thorture V.O.F. has failed to fulfill its part of the agreement.
3. An additional guarantee is understood to mean every obligation of Thorture VOF, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and implementation
1. Thorture V.O.F. 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 gives Thorture V.O.F. has made known.
3. With due observance of what is stated in this respect in article 4 of these general terms and conditions, Thorture V.O.F. accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If 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 placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Thorture V.O.F. repay the amount that the consumer has paid without delay.
5. The risk of damage and / or loss of products rests with Thorture V.O.F. until the moment of delivery to the consumer or a pre-designated and to Thorture V.O.F. disclosed representative, unless expressly agreed otherwise.

Article 14 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details without delay to Thorture V.O.F. to report.
4. If the consumer does not fulfill his payment obligation (s) on time, this is, after he has been paid by Thorture V.O.F. attention was drawn to the late payment and Thorture V.O.F. the consumer has granted a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest on the amount due is due and Thorture V.O.F. entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Thorture V.O.F. may deviate from the stated amounts and percentages in favor of the consumer.

 

Article 15 - Complaints procedure
1. Thorture V.O.F. has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Thorture V.O.F within a reasonable time after the consumer has discovered the defects.
3. At Thorture V.O.F. Complaints submitted will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Thorture V.O.F. a reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must Thorture V.O.F. to give at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is subject to the dispute settlement.

Article 16 - Disputes
1. On agreements between Thorture V.O.F. and the consumer to whom these general terms and conditions apply, only Dutch law applies.

Article 17 - 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 data carrier.

Version of 21 August 2020

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