GENERAL TERMS AND CONDITIONS

General Terms and Conditions Titan crafts

Table of Contents:

• 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 of the Right of Withdrawal
• Article 9 – The Price
• Article 10 – Conformity and Warranty
• Article 11 – Delivery and Performance
• Article 12 – Duration Transactions: Duration, Cancellation, 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:

• Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
• Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered 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 entrepreneur that a consumer can fill in when he wants to make use of his right of withdrawal.
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Entrepreneur Name: Roltopper BV
• Visiting Address: Voltastraat 1
• Phone Number: +31 (0) 546-745077
• Email Address: info@titan-crafts.com
• Chamber of Commerce Number: 63093057
• VAT Identification Number: 855088710B01

Article 3 – Applicability

1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be viewed at the entrepreneur’s premises and 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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can 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, before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be viewed 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 shall apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting General Terms and Conditions.
5. If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or annulled, the agreement and these General Terms and Conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation immediately by a provision that approaches the purport of the original as closely as possible.
6. Situations not regulated in these General Terms and Conditions are to be assessed ‘in the spirit’ of these General Terms and Conditions.
7. Ambiguities regarding the explanation or content of one or more provisions of our General Terms and Conditions must be explained ‘in the spirit’ of these General Terms and Conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the way in which the agreement is concluded and which actions are necessary 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 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 conclusion, and if so, how it can be consulted by the consumer;
   • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and restore it if desired;
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
   • and the minimum duration of the distance contract in the event of a duration transaction.
7. Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within statutory frameworks – inform himself 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 the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. With the product or service, the entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
   • a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • b. the conditions under which and the manner 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. the information about guarantees and existing after-sales service;
   • d. the information included in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   • e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. This does not apply to products that are custom-made for the client.
2. During the cooling-off period, the consumer will handle the product and the 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 makes use of his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions 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 after receipt of the product. The consumer must make this known using 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 were returned on time, for example by means of a proof of shipment.
4. If the customer has not made it known after the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

1. When providing services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
3. To exercise your right of withdrawal, you must inform us (Roltopper BV, Voltastraat 1, 7601 PT ALMELO, the Netherlands, +31546-745077, fragen@outdoorkuecheshop.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Article 7 – Costs in Case of Withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return shipping will be borne by the consumer at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation. The condition for this is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for the 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 agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only 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:
   • a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
   • b. that are clearly of a personal nature;
   • c. that cannot be returned due to their nature;
   • d. that can spoil or age quickly;
   • e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • f. for loose newspapers and magazines;
   • g. for audio and video recordings and computer software of which the consumer has broken the seal.
   • h. for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   • b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
   • c. concerning betting and lotteries.

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be 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 on 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 typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event 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 soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees 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 to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. 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 modified the delivered products himself or had them repaired and/or modified by third parties;
   • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
   • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The entrepreneur will observe 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 expeditiously but not later than 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 dissolve 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 terms mentioned. 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 refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For 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 moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of at most one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at most one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to cancellation at a specific time or in a specific period;
   • at least cancel in the same way as they were entered into by him;
   • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed duration of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of at most one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, 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 after the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

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 as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur immediately.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

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 execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered 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 respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register 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 or repair the delivered products free of charge at his discretion.

Article 15 – Disputes

1. 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 lives abroad.
2. 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.