General Terms and Conditions

Last updated: 8 January 2024

These are our Gerenal Terms and Conditions. These General Terms and Conditions always apply when you use our website or place an order through our website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print the Genetral Terms and Conditions so that you can consult them at a later time.

A. Definitions

  1. Tefgel Shop NL: based in Vollenhove and registered with the Chamber of Commerce under file number 85563080, trading as Tefgel Shop NL.
  2. Website: the Website of Tefgel Shop NL, to be found on www.tefgel.nl and all of its subdomains.
  3. Customer: the natural person or corporation who enters into an agreement with Tefgel Shop NL and/or is registered on the Website.
  4. Agreement: any arrangement or agreement between Tefgel Shop NL and Customer of which the General Terms and Conditions are an integral part.
  5. General Terms and Conditions: these General Terms and Conditions.
 

B. Applicability of the General Terms and Conditions

  1. The General Terms and Conditions apply to all offers, agreements and deliveries of Tefgel Shop NL, unless explicitly agreed otherwise in writing.
  2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Conditions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Tefgel Shop NL if and in so far as Tefgel Shop NL has accepted them in writing.
 

C. Prices and information

  1. All prices posted on the Website and in other materials originating from Tefgel Shop NL exclude VAT, taxes and other levies imposed by the government, unless stated otherwise on the website.
  2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
  3. The content of the Website is composed with the greatest care. Tefgel Shop NL cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Tefgel Shop NL are subject to obvious programming and typing errors.
  4. Tefgel Shop NL cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
 

D. Conclusion of the Agreement

  1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Tefgel Shop NL subject to the conditions laid down by Tefgel Shop NL .
  2. If Customer has accepted the offer by electronic means, Tefgel Shop NL will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
  3. If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, Tefgel Shop NL will have the right to postpone the Agreement until the correct data is received.
 

E. Registration

  1. To make optimal use of the Website, Customer can register using the registration form/the account sign-in option on the Website.
  2. During the registration process, Customer will be asked to choose a user name and password with which Customer can log on to the Website. Customer alone is responsible for choosing a sufficiently reliable password.
  3. Customer must keep its login credentials, user name and password strictly confidential. Tefgel Shop NL cannot be held liable for any misuse of the login credentials and is always entitled to assume that Customer who logs on to the Website is the party that it professes to be. Customer is responsible for and bears the full risk of any and all actions and transactions performed via Customer’s account.
  4. If Customer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Tefgel Shop NL accordingly so as to allow Tefgel Shop NL to take appropriate measures.
 

F. Execution of the Agreement

  1. As soon as Tefgel Shop NL has received the order, it will send the products to Customer without delay and with due regard for the provisions of paragraph C of this article.
  2. Tefgel Shop NL is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
  3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 7 days at the latest.
  4. If Tefgel Shop NL is unable to deliver the products within the agreed term, it will notify Customer accordingly. In that case Customer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
  5. Tefgel Shop NL advises Customer to inspect the products upon delivery and to report any defects within 14 days by e-mail. For further details, see the article about guarantee and conformity.
  6. The risks associated with the products will transfer to Customer as soon as the products are delivered at the agreed delivery address.
  7. If the ordered product can no longer be supplied, Tefgel Shop NL is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Customer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
 

G. Right of withdrawal/return

  1. Customer will have the right to dissolve the Agreement with Tefgel Shop NL within 14 days after receiving the product, free of charge and without stating reasons.
  2. The term commences on the day after the product was received by the Customer, or a third party designated by the Customer, who is not the transporting party, or:
    • if the delivery of a product involves different deliveries or parts: the day on which Customer, or a third party designated by Customer, received the last delivery or the last part;
    • with contracts for the regular delivery of products during a given period: the day on which Customer, or a third party designated by Customer, received the last product;
    • if Customer has ordered several products: the day on which Customer, or a third party designated by Customer, received the last product.
  3. After receipt of the return by Tefgel Shop NL, only the purchase price will be refunded to Customer. Customer is responsible for returning the products and bears the costs in respect thereof.
  4. Customer must return the product to Tefgel Shop NL unused and in undamaged packaging. If Customer does not comply with the foregoing, Tefgel Shop NL is entitled to refuse a return or may charge the expenses for repair or damages.
  5. Customer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
  6. Customer can terminate the Agreement in accordance with paragraph A of this article by reporting the withdrawal to Tefgel Shop NL by e-mail, within the withdrawal period.
  7. As soon as possible, but in any event within 14 days after dissolution of the Agreement and receipt of returns by Tefgel Shop NL, any payments made by Customer will be refunded. Customer can send the products directly to the following address: Tefgel Shop NL, Kade 42, 8325HP Vollenhove (NL), +31 654 234 555 / rob@tefgel.nl
  8. Any amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, and in any case within 14 days after dissolution of the Agreement.
 

H. Payment

  1. Customer shall pay the amounts due to Tefgel Shop NL in accordance with the ordering procedure and any payment methods indicated on the Website. Tefgel Shop NL is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 30 days entering on the Invoice Date.
  2. If Customer does not complete his payment obligation, Customer will be indebted the legal interest over the belated payment. Tefgel Shop NL needs to remind Customer of the belated payment and Tefgel Shop NL has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term Tefgel Shop NL is allowed to recover any extrajudicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a minimum of € 40,-. Tefgel Shop NL is allowed to deviate from the named amounts and percentages in the advantages of Customer.
 

I. Warranty on purchases

  1. Tefgel Shop NL guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement.
  2. If the delivered product is not in conformity with the Agreement, Customer must inform Tefgel Shop NL within 14days after Customer has discovered the defect.
  3. If Tefgel Shop NL deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with Customer.
 

J. Complaints handling procedure

  1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Tefgel Shop NL’s service, it can submit a complaint by email to rob@tefgel.nl.
  2. Tefgel Shop NL will respond to the complaint as soon as possible, and in any case within 2 days after having received it. If it is not yet possible for Tefgel Shop NL to formulate a substantive reaction to the complaint by that time, Tefgel Shop NL will confirm receipt of the complaint within 2 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
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K. Liability

  1. This Article only applies if Customer is a natural person or a legal entity who is acting in a professional or commercial capacity.
  2. The total liability of Tefgel Shop NL in respect of Customer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement.
  3. The liability of Tefgel Shop NL in respect of Customer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
  4. Aside from the cases referred to in the two previous paragraphs of this Article, Tefgel Shop NL is not subject to any liability at all in respect of Customer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Tefgel Shop NL. 
  5. TefGel Shop NL will only be liable to Customer on account of an attributable failure in the performance of an agreement if Customer issues a proper notice of default to Tefgel Shop NL without delay stipulating a reasonable period of time in which to remedy the failure, and Tefgel Shop NL also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Tefgel Shop NL to provide an adequate response.
  6. Any event giving right to compensation is always subject to the condition that Customer reports the damage or loss in writing to Tefgel Shop NL as soon as possible, but no later than within 14 days after the damage or loss has arisen.
  7. In the event of force majeure Tefgel Shop NL is not liable to pay compensation for any damage or loss Customer has incurred as a result.
 

L. Retention of title

  1. As long as Customer has not made any full payment on the total amount agreed Tefgel Shop NL will retain ownership of all the goods delivered (including possible debt collection costs and interest).
  2. Before the transfer of ownership, Customer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Customer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
  3. Customer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of Tefgel Shop NL.
  4. Tefgel Shop NL is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Customer, if Customer has neglected to pay the invoices or has been confronted with payment difficulties.
  5. Customer shall give TefGel Shop NL access to his goods at any time to inspect and/or to exercise the rights of Tefgel Shop NL.
 

M. Personal details

  1. Tefgel Shop NL will process the Customer’s personal details in accordance with the privacy statement published on the Website.
 

N. Final provisions

  1. This agreement is governed by the laws of the country of establishment of the webshop.
  2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court.
  3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
  4. The term ‘written’ in these General Terms and Conditions also refers to communication by e-mail, provided that the sender’s identity and the integrity of the e-mail message have been sufficiently established.
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Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email: rob@tefgel.nl