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Terms and conditions

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 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 transactions: 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 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;
  • Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  • Durable data carrier: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Model form: the model withdrawal form provided by the trader, which a consumer can fill in if they wish to exercise their right of withdrawal.
  • Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract whereby, within the framework of a system for the distance sale of products and/or services organised by the trader, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  • Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.
  • General Terms and Conditions: the current General Terms and Conditions of the trader.

Article 2 – Identity of the trader

  • Trader 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 trader and to every distance contract and order concluded between the trader 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, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on 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 consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
  4. Where specific product or service terms apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the purpose of the original as closely as possible.
  6. Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
  7. Any ambiguity 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

  1. If an offer has a limited period of validity or is made subject to conditions, this will be stated explicitly in the offer.
  2. The offer is without obligation. The trader is entitled to change and adjust the offer.
  3. 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 the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and what actions are 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 the trader guarantees the price;
    • 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 will be archived after it has been concluded and, if so, how the consumer can consult it;
    • the way in which the consumer, before concluding the agreement, can check the information they have provided in connection with the agreement and correct it if desired;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the trader 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 case of a continuing transaction.
  7. Optional: available sizes, colours, types of material.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
  4. Within the legal framework, the trader may verify whether the consumer can 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, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
  5. With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • a. the visiting address of the trader’s establishment where the consumer can go with complaints;
    • b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • c. information about warranties and existing after-sales service;
    • d. the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the performance 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 continuing transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option of terminating the agreement without giving reasons for a period of 14 days. This cooling-off period starts 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 the trader. This does not apply to products made to measure for the customer.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has indicated 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 delivered were returned in time, for example by means of proof of shipment.
  4. If, after the periods mentioned in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

When providing services:

  1. When services are provided, the consumer has the option of terminating the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader 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, vragen@outdoorkuecheshop.de) of your decision to withdraw from this agreement by means of a clear statement (for example a letter sent by post, fax or email). You may use the attached model withdrawal form for this, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, no more than the costs of return shipment will be 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 the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to 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 the value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has stated this clearly in the offer, or at least in good time before the agreement is concluded.
  2. The right of withdrawal can only be excluded for products:
    • a. that have been made by the trader in accordance with the consumer’s specifications;
    • b. that are clearly personal in nature;
    • c. that by their nature cannot be returned;
    • d. that can spoil or age quickly;
    • e. whose price is tied to fluctuations on the financial market over which the trader has no influence;
    • f. for individual 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. The right of withdrawal can only be excluded for services:
    • a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    • b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
    • c. relating to bets and lotteries.

Article 9 – The price

  1. 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.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations on the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are guide prices will be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
    • a. they result from statutory regulations or provisions; or
    • b. the consumer has the right to terminate 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

  1. The trader 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 was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 themselves or has had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or on the packaging;
    • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The trader will exercise the greatest possible 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 provided to the company.
  3. Taking into account the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially 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 free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of termination.
  6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the trader.
  7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, observing the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • at any time, and may not be limited to termination at a specific time or during a specific period;
    • at least in the same way as they were entered into by them;
    • always with the same notice period that the trader has stipulated for itself.

Renewal

  1. An agreement entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate 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 concerns the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.
  4. An agreement of limited duration for the regular introductory delivery of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

  1. 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 oppose termination before the end of the agreed term.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(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 is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.
  3. In the event of non-payment by the consumer, the trader 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 trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement 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 the event of complaints, a consumer should first contact the trader. 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 trader, unless the trader indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader

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