Terms and conditions
When shopping on TPT are following general conditions apply. If you place an order, you will be asked to agree to these terms and conditions. On request we can also mail the terms and conditions.
Article 1 Definitions
In these terms and conditions shall apply:
Grace period: The period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Transaction Duration: a distance contract concerning a range of products and / or services, the supply and / or purchase in time
Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that
future consultation and unaltered reproduction of the stored information
Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal products and / or remote services to the consumer. In these conditions also indicated with TPT;
Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
Article 2 Identity of the trader
Truck Parts Trading (TPT)
Ambachtsweg 12, 6673 DK Andelst
Phone: + 31 (0) 488 453 094
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 09124124
VAT number: NL814824924B01
Article 3 Applicability
1. These general conditions apply to every offer of TPT and any agreement reached at a distance between TPT and the consumer, if these conditions are not parties deviated explicitly in writing.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
5. The terms and conditions also apply to agreements with TPT, where the implementation third parties involved.
6. The applicability of any of the other party is explicitly rejected.
7. If one or more provisions of these terms and conditions at any time wholly or partially invalid or voided, then the remaining in these general conditions apply in full. TPT and the other party will consult on new rules to replace the invalid or unenforceable provisions to be agreed, as far as possible the purpose and intent of the original provisions are observed.
8. Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
Article 4 The contract
1. The agreement between TPT and the consumer is established at the time of acceptance of the offer by the consumer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically TPT immediately confirm electronic receipt of acceptance of the offer. Actual performance by TPTof an invoice sent by TPT equals confirmation of the offer. Until receipt of this acceptance has not been confirmed by TPT consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
4. TPT can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If TPT under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
If the command can be executed only under different conditions, the consumer has the right to cancel the contract. Free
5. TPT will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
the visiting address of the establishment of TPT where consumers can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after sales service existing;
d. contained in Article 5 paragraph 3 of these conditions, unless the trader has provided before the execution of the agreement this information to the consumer;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 5 The offer
1. If an offer is of limited duration and / or under other conditions occurs, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
3. Each offer contains such information that 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 costs of delivery;
- The manner in which the agreement will be achieved and what actions are required;
- Whether to apply the right of withdrawal;
- The method of payment, delivery or performance of the contract;
- The deadline for accepting the offer, or the deadline for adhering to the price;
- The level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate of communication;
- Whether the agreement after the adoption is filed, and how to consult these consumers if so;
- The way the consumer, for the conclusion of the contract, the information provided by him under the agreement can check and repair if required;
- Any other languages, including Dutch, the contract can be concluded;
- The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
- The minimum duration of the distance contract in the event of an extended transaction.
4. If the content of the acceptance differs from the content of the offer, TPT is not bound. The agreement is not in accordance with said deviating acceptance, unless TPTanders indicates.
Article 6 Price and markup
1. All prices on TPT, unless otherwise indicated, expressed in Euro and include 21% sales tax (VAT) and other taxes which are imposed by the government.
2. During the period mentioned in the offer prices of the products offered will not be increased unless the price increase is due to changes in statutory tax rates.
3. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
4. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
5. Price increases from 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
they are the result of laws or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
Article 7 Supply and implementation
1. TPT will take the greatest possible care when receiving and implementing orders for products.
2. Products in stock are shipped after the order as soon as possible, at least within 3 days.
3. TPT brings to the supply of products shipping costs. Costs are shown in the order confirmation.
4. The place of delivery is the address that the consumer has. Known to TPT
5. Subject to what is stated in Article 5 of these terms and conditions will TPT accepted orders expeditiously but within 30 days, unless a longer period has been agreed. If the delivery is delayed, or if an order can not be carried out only partially, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
6. In case of dissolution in accordance with the preceding paragraph TPT will be the amount that the consumer as quickly as possible, be paid no later than 30 days after repudiation.
7. If delivery of an ordered product proves impossible, TPT will endeavor to provide a replacement item available. Before the delivery will be notified that a replacement item is delivered. Clear and comprehensible manner For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by TPT.
8. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 8 Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after entering into the agreement. Payment in installments is not possible.
2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to sign up. TPT
3. In the event of bankruptcy or suspension of payment of the consumer, the claims of TPT and the obligations of the consumer towards TPT due immediately.
4. In case of default by the consumer TPT is subject to legal restrictions, the right of the consumer to spend. Advance reasonable expenses will be made known
Article 9 Suspension, dissolution and termination of the agreement
1. TPT is authorized to suspend the fulfillment of the obligations under the agreement immediately and to terminate with immediate effect if:
-The consumer fails to meet the obligations under the agreement in full or on time;
-After the conclusion of the agreement TPT learns of circumstances to fear that consumers will not fulfill his obligations;
-Consumers at the conclusion of the agreement sought to guarantee the fulfillment of his obligations under the agreement and this security is not provided or insufficient;
-If due to delays on the part of consumers can not be expected that he will honor the agreement. Against the originally agreed conditions TPT
- If circumstances arise of such a nature that fulfillment of the contract impossible or unaltered maintenance of the agreement can not reasonably be expected of TPT.
2. If the dissolution is attributable to the consumer, TPT is entitled to compensation for the damage, including the direct and indirect costs incurred.
3. In case of liquidation, receivership, bankruptcy, sequestration, debt or other circumstance that consumers freely about his ability no longer available, it allows TPTvrij to say or the order or agreement, the agreement with immediate effect cancel, without any obligation to pay any damages or compensation.
4. TPT event terminates the contract in whole or in part, is entitled to the unpaid portion of the take back. Delivered
Article 10 Right of withdrawal
1. When purchasing products, the consumer can cancel the contract without giving any reason to dissolve for at least fourteen days. This period commences on the date of receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative.
2. During this period the consumer will treat the product and packaging. He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - TPT returned in the original condition and packaging, according to information provided by TPT reasonable and clear instructions.
3. The consumer is responsible for proof that the goods have been returned, eg by means of a proof of posting before the deadline.
4. TPT reserves the right to refuse returned goods or to credit, where a reasonable suspicion exists that the product has been worn, used or damaged. Through the fault of the consumer, only a portion of the amount already paid
Article 11 Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
2. After receiving the item, TPT pay back the full purchase price to the consumer as soon as possible but no later than 30 days after the return or cancellation.
Article 12 Exclusion of right of withdrawal
1. TPT can exclude the right of withdrawal from the consumer to the extent provided in paragraph 2. The exclusion of the right of withdrawal applies only if the trader for the conclusion of the agreement, stated. Clearly in the offer, at least in time
2. Exclusion of the right of withdrawal is only possible for products:
a by the trader in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned because of their nature;
d. which can quickly deteriorate or expire;
e. whose price depends on fluctuations in 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.
Article 13 Force Majeure
1. If TPT supremacy can not meet its obligations to the consumer is the fulfillment of those obligations will be suspended for the duration of the force majeure.
2. Force majeure shall mean: what what is understood in the law and jurisprudence, and all extraneous matters, foreseen or unforeseen, which TPT can exercise any control, but make it impossible to fulfill the contract.
3. If the period of TPT supremacy can not fulfill its obligations to the consumer lasts longer than 4 weeks, both parties are entitled to terminate, without any obligation to pay damages to the other party.
4. If TPT has complied with the occurrence of the force majeure, all part of its obligations under the contract or to fulfill its obligations can only partially TPT entitled already delivered or deliverable to invoice. Portion separately The consumer is obliged to pay as if it were a separate contract. Invoice This does not apply if already delivered or deliverable part has no independent value.
Article 14 Guarantee
1. TPT guarantees that the products meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed TPT also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert. Under the contract against TPT
3. The consumer has the obligation to investigate these when you receive the product, or to inspect and showed notify TPT. Defects immediately
4. If the consumer feels that he has a defective product, he must demonstrate this and to contact TPT so that consultations may be conducted on a proper solution for both parties. Contact
Article 15 Retention of title
1. All goods delivered by TPT under the agreement remain the property of TPT until the consumer to fulfill all obligations under the agreement is valid with TPT.
Article 16 Liability
1. If TPT liable, this liability is limited to what is in it and the legal provision (s) is regulated.
2. TPT is not liable for damage of whatever nature caused by TPT is incorrect and / or incomplete information supplied by or on behalf of the consumer.
3. TPT is not liable for indirect damage, including consequential, lost profits, immaterial damages, lost savings and damage due to business or other blockage. In the case of a consumer, this restriction does not go beyond that which is permitted under Article 7:24 paragraph 2 DCC.
4. The limitations of liability contained in this Article shall not apply if the damage is due to intent or gross negligence of TPT.
5. TPT accept liability for damages caused by defects in goods delivered which TPT is liable.
6. If TPT is liable for damages, the liability is limited to the invoice amount.
7. If the consumer fails TPT necessary or useful in all cooperation, data and information, which in order to carry out the deliveries to TPT, consumers can never be compensation or any other rights from non-compliance with the agreement by TPT.
Article 17 Privacy
1. TPT is committed to protecting the personal information of visitors on TPT.TPT is the sole owner of the personal information obtained, unless otherwise indicated. The information is not sold by TPT, share or rented to third parties.
2. Information from which the identity of an online website visitor of TPT can be derived, is voluntarily provided by the visitor. This information is only used to improve the business purposes.
3. TPT collects non-personal information about the online visitors to the total number of visitors to the website to determine.
4. Personal data can be removed. Requested by the visitor online
Article 18 Complaints
1. TPT has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to TPT, after the consumer has discovered the defects.
3. In TPT complaints are answered counted from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, doorTPT replied within the period of 14 days with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
4. The parties will do its utmost to settle before an appeal to the courts is done. Dispute by mutual agreement
Article 19 Applicable law
1. On all offers and agreements between TPT and the consumer, which these general conditions apply, only Dutch law applies even if a consumer is domiciled abroad.
Article 20 Duration Trades
1. The consumer may contract concluded for an indefinite period at all times in compliance with the applicable termination rules and a notice of one month.
2. A contract for a definite period has a duration of up to two years. If it is agreed that the silence of the consumer distance contract will be renewed, the contract will be continued as a contract for an indefinite period and will continue after the notice of the agreement up to a month.