Terms of service

Note: No rights can be derived from these general terms and conditions. Consult a legal expert if you have doubts about their content.

Table of Contents: 

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - Conclusion of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Inspection, complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Warranty
Article 12 - Suspension and dissolution
Article 13 - Limitation of liability
Article 14 - Transfer of risk
Article 15 - Force Majeure
Article 16 - Intellectual property rights
Article 17 - Privacy, data processing, and security
Article 18 - Complaints
Article 19 - Governing law

Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.

2. Tec Trove is a website of [Upon request].

3. Consumer: A natural person who is (not) acting in the exercise of their profession or business.

4. Buyer: The Consumer who enters into an agreement (at a distance) with the Seller.

5. Company: The natural or legal person acting in the exercise of a profession or business.

6. Offer: Every written offer to the Buyer for the supply of Products by [Upon request].

7. Products: The products offered by [Upon request] are hobby items.

8. Agreement: The purchase agreement (at a distance) that aims at the sale and delivery of products purchased by the Buyer from [Upon request].

9. Website: The website used by [Upon request] is Tec-Trove

Article 2 - Identity of the entrepreneur

Unazon.nl, part of [Upon request] Located at: [Upon request] E-mail address: TecTrove@outlook.com Chamber of Commerce (KvK) number: [Upon request] VAT identification number: [Upon request]

Article 3 - Applicability

1. These general terms and conditions apply to every Offer from [Upon request] and every agreement between [Upon request] and a Buyer, and to every product offered by [Upon request]. These terms also apply to all agreements with [Upon request] for the execution of which third parties must be involved.

2. Before an agreement (at a distance) is concluded, the Buyer is provided with these general terms and conditions. If this is reasonably not possible, [Upon request] will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the website(s) of [Upon request], so that the Buyer can easily save these general terms and conditions on a durable data carrier.

3. Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) terms and conditions of the Buyer is expressly rejected. Only the general terms and conditions of [Upon request] apply to all orders agreed upon with [Upon request]. In exceptional situations, the general terms and conditions may be deviated from if this has been explicitly agreed upon in writing with [Upon request].

4. These general terms and conditions also apply to additional, amended, and follow-up agreements with the Buyer.

5. If one or more provisions of these general terms and conditions are partially or wholly null and void or are annulled, the remaining provisions of these general terms and conditions will remain in force, and the void/annulled provision(s) will be replaced by a provision with the same intent as the original provision.

6. Ambiguities about the content, explanation, or situations not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.

Article 4 - The Offer

1. All offers made by [Upon request] are without obligation, unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this is explicitly stated in the offer. A quotation only exists if it has been recorded in writing.

2. The quotations made by [Upon request] are without obligation. [Upon request] is only bound by the quotation if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or by [Upon request] sending an invoice based on what has been purchased by the Buyer and recorded on the spot in writing. Nevertheless, [Upon request] has the right to refuse an agreement with a potential Buyer for a reason valid for [Upon request].

3. The offer contains a complete and accurate description of the offered product. The description is detailed enough to enable the Buyer to make a proper assessment of the offer. Obvious mistakes or errors in the offer do not bind [Upon request]. The images and specific data in the offer are only an indication and cannot be grounds for any compensation or dissolution of the agreement (at a distance). [Upon request] cannot guarantee that the colors in the image correspond exactly to the real colors of the product.

4. Delivery times on the website of [Upon request] are indicative and do not give the Buyer the right to dissolution or compensation if exceeded, unless expressly agreed otherwise.

5. A composite price quotation does not oblige [Upon request] to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.

6. In principle, no offers are made. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid while stocks last, and according to the "first come, first served" principle as indicated in the offer.

Article 5 - Conclusion of the agreement

1. The agreement is concluded at the moment the Buyer has accepted an offer from [Upon request] by paying for the product in question.

2. An Offer can be made by [Upon request] via the webshop.

3. If the Buyer has accepted the Offer by entering into an agreement with [Upon request], [Upon request] will confirm the agreement with the Buyer in writing by e-mail.

4. If the acceptance deviates (on minor points) from the offer included in the quotation or invoice, [Upon request] is not bound by it. The Buyer must pay the full quotation or invoice, unless the Buyer can demonstrate that something else has been agreed.

5. [Upon request] is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.

6. Agreements or contracts can only be entered into by authorized staff, employees, or hired persons of [Upon request] who are authorized to represent and possess written power of attorney.

7. Consumers can exercise their right of withdrawal within 14 days. The right of withdrawal is excluded if the Buyer is a company.

Article 6 - Execution of the agreement

1. [Upon request] will execute the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship.

2. If and insofar as required for the proper execution of the agreement, [Upon request] has the right to have certain work performed by third parties at its own discretion.

3. The Buyer ensures that all data, which [Upon request] indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the agreement, is provided to [Upon request] in a timely manner. If the data required for the execution of the agreement has not been provided to [Upon request] in time, [Upon request] has the right to suspend the execution of the agreement and/or charge the Buyer for the extra costs resulting from the delay according to the usual rates.

4. [Upon request] is not liable for damages, of any nature whatsoever, caused by [Upon request] assuming incorrect and/or incomplete data provided by the Buyer, unless this inaccuracy or incompleteness was known to [Upon request].

5. The Buyer indemnifies [Upon request] against any claims from third parties who suffer damages in connection with the execution of the agreement and which are attributable to the Buyer.

Article 7 - Delivery

1. Delivery is in principle from our warehouse.

2. Shipping of the products is free.

3. If the commencement, progress, or (delivery) of the services is delayed because, for example, the Buyer has not provided all requested information in time, does not provide sufficient cooperation, the (down) payment has not been received (in time) by [Upon request], or other circumstances outside the control of [Upon request] cause any delay, [Upon request] is entitled to a reasonable extension of the (delivery) period. All agreed (delivery) periods are never fatal deadlines. The Buyer must place [Upon request] in default in writing and grant [Upon request] a reasonable period to still be able to (deliver). The Buyer is not entitled to any compensation due to the delay.

4. The Buyer is obliged to purchase the goods at the moment they are made available to him according to the agreement, even if they are offered to him earlier or later than agreed.

5. If the Buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, [Upon request] is entitled to store the goods at the expense and risk of the Buyer.

6. If [Upon request] needs data from the Buyer in the context of the execution of the agreement, the delivery time begins after the Buyer has made this available to [Upon request].

7. If [Upon request] has specified a term for delivery, this is indicative. For delivery outside the Netherlands, longer delivery terms apply than those stated on the website. This term depends on the delivery time of the warehouse.

8. [Upon request] is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. [Upon request] is entitled to invoice the goods delivered in this way separately.

9. The Buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the Buyer.

Article 7A - Packaging and transport

1. [Upon request] undertakes to the client to have the goods to be delivered properly packaged by the Supplier and secured in such a way that, under normal use, they reach their destination in good condition.

2. Unless agreed otherwise in writing, all deliveries are exclusive of turnover tax (VAT), exclusive of packaging and packaging material.

3. The acceptance of goods without remarks on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.

    

4. The Buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If the goods are sold by [Upon request] without customs clearance, the Buyer cannot derive the right to cancel the order from this. If the Buyer must pay import duties, these costs are entirely at the expense and risk of the Buyer. The Buyer also cannot derive the right to cancel the order from a change in any quality regulations and/or objections made by third parties against the goods on the grounds of patents, trademarks, and other rights.

    

5. The molestation risk is always borne by the Buyer.

Article 8 - Inspection, complaints

1. The Buyer is obliged to inspect the delivered goods at the moment of (delivery), or in any case within fourteen days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to assess whether he will keep the product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the agreement and whether the products meet the requirements that apply in normal (trade) traffic.

2. The Buyer is obliged to investigate how the product should be used and, in case of personal use, to test the product in accordance with the instructions for use. [Upon request] does not acknowledge any liability for the incorrect use of the product by the Buyer, nor for incorrectly given advice by the Buyer to the Buyer's customers.

3. Any visible defects or shortages must be reported in writing to [Upon request] at TecTrove@outlook.com after delivery. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within one month after discovery, but no later than six months after delivery. In case of damage to the product due to careless handling by the Buyer themselves, the Buyer is liable for any depreciation of the product.

4. If the Buyer wishes to return defective goods, this is done exclusively with prior written permission from [Upon request] in the manner indicated by [Upon request]. Returning goods is entirely at the discretion of [Upon request].

5. If the Buyer uses his right of withdrawal, he will, if this is necessary in the opinion of [Upon request], return the product and all accessories to [Upon request] in its original condition and packaging, insofar as reasonably possible, in accordance with the return instructions of [Upon request].

6. Refund only takes place if agreed in writing with [Upon request].

    

7. Refunds to the Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. The refund will be made to the previously specified account number.

    

8. If the Buyer exercises his right of complaint, he has no right to suspend his payment obligation nor to set off outstanding invoices.

    

9. In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to [Upon request], [Upon request] will, upon request from the Buyer, send the missing product(s) via the Supplier or cancel the remaining order (with restitution of the excess paid). The receipt confirmation of the products is leading here. Any damage suffered by the Buyer as a result of the deviating size of the delivery cannot be recovered from [Upon request].

10. A complaint is not possible if the Buyer has ordered the wrong products or had wrong expectations of the product in question.

Article 9 - Prices

1. During the validity period of the offer, the prices of the offered products will not be increased, except in the case of changes in VAT rates.

2. The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless expressly stated otherwise. For consumers, the price is shown exclusive of VAT.

3. The prices as mentioned in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance, and any levies and taxes. Any favorable and unfavorable differences at the time of arrival, shipment, or delivery are for the benefit or at the expense of the Buyer, respectively.

4. If there are products whose prices fluctuate on the financial market and over which [Upon request] has no influence, [Upon request] can offer these products with variable prices. The offer will state that the prices are target prices and can fluctuate.

5. Three months after the conclusion of the agreement, price increases can be applied by [Upon request] at its own discretion. If price increases occur within these three months, this can only be the result of a statutory regulation.

Article 10 - Payment and collection policy

1. Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days after the invoice date but do not suspend the payment obligation.

2. The Buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have expressly agreed otherwise.

3. The Buyer must pay these costs in one lump sum, via the payment methods indicated in the webshop. Except in special circumstances, the Buyer can only agree on a further term within which the amount due must be paid after explicit and written permission from [Upon request].

4. [Upon request] has the right to have payments made by the Buyer deducted first from the costs, then from the accrued interest, and finally from the principal sum and the current interest. [Upon request] may, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. [Upon request] may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.

5. When the Buyer fails to meet his/her payment obligation and does not pay within the set payment term of 14 days, the Buyer will first receive a written reminder before falling into default, after which they will receive a notice informing them of the consequences of the default that has occurred.

6. From the date that the Buyer is in default, [Upon request] will, without further notice of default, claim statutory interest from the first day of default until full payment and compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code (BW), calculated according to the scale from the decree on compensation for extrajudicial collection costs of July 1, 2012.

7. If [Upon request] has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

Article 11 - Warranty

1. [Upon request] does not guarantee that the products meet the specifications, usability, and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. [Upon request] does not guarantee the absence of defects in the delivered goods, but [Upon request] strives to and will make every effort to deliver the goods in accordance with the agreement. The actual shelf life of durable products cannot be guaranteed.

2. The warranty mentioned above applies to the scope and for a period corresponding to the manufacturer's warranty. [Upon request] is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.

3. All products offered by [Upon request] are provided with a CE marking, as well as the name and address of the manufacturer.

4. If the goods to be delivered do not meet these warranties, [Upon request] will, within a reasonable time after receipt thereof, or, if return is reasonably not possible, written notice regarding the defect by the Buyer, at the discretion of [Upon request], replace or ensure repair. In case of replacement, the Buyer undertakes to return the replaced item to [Upon request] and to provide ownership to [Upon request] if this is required by [Upon request] for a refund.

5. The warranty mentioned here does not apply when the defect has arisen as a result of expert or improper use or when, without written permission from [Upon request], the Buyer or third parties have made changes or tried to make changes to the item or have used it for purposes for which the item is not intended or have used it under abnormal circumstances.

6. If the warranty provided by [Upon request] concerns an item produced by a third party, the warranty is limited to the warranty provided by the manufacturer of the item.

7. [Upon request] points out that certain products, including personal care products, have a limited shelf life, which is stated on the product in question at all times. The Buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.

8. For questions about the application of care products and the effect of certain ingredients, and their suitability for the Buyer, the Buyer can turn to [Upon request] with questions in a general sense, or ask his own (family) doctor for concrete advice.

Article 12 - Suspension and dissolution

1. [Upon request] is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the Buyer does not or not fully fulfill the (payment) obligations from the agreement.

2. Furthermore, [Upon request] is authorized to dissolve the existing agreement(s) between her and the Buyer, insofar as it/they has/have not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising for him from any agreement concluded with [Upon request].

3. Furthermore, [Upon request] is authorized to dissolve the agreement without prior notice of default if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected.

    

4. If the agreement is dissolved, the claims of [Upon request] on the Buyer are immediately due and payable. If [Upon request] suspends the fulfillment of the obligations, he retains his claims from the law and agreement.

5. [Upon request] always retains the right to claim compensation for damages.

Article 13 - Limitation of liability

1. If the execution of the agreement by [Upon request] leads to liability of [Upon request] towards the Buyer or third parties, that liability is limited to the costs charged by [Upon request] in connection with the agreement. Liability is in any case limited to the maximum damage amount paid by the insurance company per situation.

2. The liability of [Upon request] is further limited to the free repair of a defective item or the replacement of that item - or a part thereof - all at the discretion of [Upon request].

3. [Upon request] is not liable for consequential damage, indirect damage, business damage, loss of profit and/or loss suffered, missed savings, damage due to business stagnation, and damage as a result of the use of products delivered by [Upon request]. For consumers, the limitation extends to what is permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.

4. [Upon request] is not liable for damage resulting from or which may result from any act or omission in response to (incomplete and/or incorrect) information on the website(s) or linked websites.

5. [Upon request] is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or the unavailability of the website for whatever reason.

6. [Upon request] does not guarantee correct and complete transmission of the content of and e-mails sent by/on behalf of [Upon request], nor for their timely receipt.

7. All claims of the Buyer due to failure on the part of [Upon request] will lapse if they have not been reported in writing and motivated to [Upon request] within one year after the Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.

    

8. [Upon request] expressly rejects all liabilities and claims of Buyers and third parties who have suffered (physical) damage through the use of the products. The products must be used solely and exclusively in accordance with the instructions for use and never exceed the daily amount. In case of medication use, the Buyer must consult his family doctor at all times.

    

9. Any advice given by [Upon request] about the use of the products is only of a general and non-binding nature. Each Buyer must assess for himself at his own responsibility whether the product is suitable for him. In case of doubt, contact should be made with the Buyer's (family) doctor for an assessment for use in the specific case.

10. Personal care products as well as electrical appliances must be kept out of the reach of young children. In addition, the products must be stored according to the instructions for use determined per product. [Upon request] recommends consulting an expert before using personal care products in case of pregnancy, lactation, medication use, and in case of doubt about hypersensitivity to one of the ingredients.

Article 14 - Transfer of risk

The risk of loss or damage to the products that are the subject of the agreement passes to the Buyer at the moment the goods leave the warehouse of [Upon request]. Even if the goods are brought into the power of the Buyer and/or third parties, the risk has passed to the Buyer.

Article 15 - Force Majeure

1. [Upon request] is not liable if she cannot fulfill her obligations under the agreement due to a force majeure situation, nor can she be held to fulfill any obligation if she is hindered to do so as a result of a circumstance that is not due to her fault, and neither under the law, a legal act, or traffic-accepted views is for her account.

2. Force majeure is understood in any case, but is not limited to, what is understood in the law and jurisprudence, (i) force majeure of suppliers of [Upon request], (ii) the improper fulfillment of obligations of suppliers, (iii) defectiveness of goods, equipment, software, or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of internet, data network, and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of [Upon request], and (xi) other situations that, in the opinion of [Upon request], fall outside her sphere of influence that temporarily or permanently prevent the fulfillment of her obligations.

3. [Upon request] has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after [Upon request] should have fulfilled her commitment.

4. Parties can suspend the obligations from the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to compensation for damage to the other party.

5. Insofar as [Upon request] has meanwhile partially fulfilled her obligations from the agreement at the time of the onset of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, [Upon request] is entitled to invoice the already fulfilled or to be fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate agreement.

Article 16 - Intellectual property rights

1. All IP rights and copyrights of [Upon request] rest exclusively with [Upon request] and are not transferred to the Buyer and/or User.

2. The Buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties all documents on which the IP rights and copyrights of [Upon request] rest without the express prior written permission of [Upon request]. If the Buyer wishes to make changes to goods delivered by [Upon request], [Upon request] must explicitly agree to the intended changes.

3. The Buyer is prohibited from using the products on which the intellectual property rights of [Upon request] rest otherwise than as agreed in the agreement.

4. If the Buyer determines an infringement of the intellectual property rights of [Upon request], or otherwise has a suspicion of a (possible) infringement of the IP rights and copyrights, the Buyer will inform [Upon request] of this as soon as possible.

Article 17 - Privacy, data processing, and security

1. [Upon request] handles the (personal) data of the Buyer and Users of the website(s) with care and will only use it in accordance with the privacy statement. If requested, [Upon request] will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 18 - Complaints

1. If the Buyer is not satisfied with the service or products of [Upon request] or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the occurrence that led to the complaint. Complaints can be reported via TecTrove@outlook.com with the subject "complaint".

2. The complaint must be sufficiently substantiated and/or explained by the Buyer for [Upon request] to be able to handle the complaint.

3. [Upon request] will respond substantively to the complaint as soon as possible, but no later than 5 working days after receipt of the complaint.

4. Parties will try to come to a solution together.

Article 19 - Governing law

1. Dutch law applies to every agreement between [Upon request] and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.

2. In case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof is always decisive. [Upon request] is entitled to unilaterally amend these general terms and conditions.

3. All disputes arising from or in connection with the agreement between [Upon request] and the Buyer will be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the competence of another court.