Terms and Conditions

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 execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

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; Read all about the cooling-off period
Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the performance and/or delivery of which is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future access and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, where only one or more techniques for distance communication are used 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 parties being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the company

Name: Tegão v.o.f.

Country: Nederland

Tel:

Email: contact@tegao.nl

KVK number: 91927536

BTW number: NL865819762B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every contract concluded at a distance and orders between entrepreneur and 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 to the consumer free of charge upon request as soon as possible.

3. If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer 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 viewed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs 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 wholly or partially void or voided at any time, the agreement and these conditions will remain in force for the remainder and the relevant provision will be replaced by a provision that approximates the original as much as possible in mutual consultation.

6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Uncertainties about 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 validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true 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 of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains information that makes it clear to the consumer what the rights and obligations are that are associated with accepting the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- how the agreement will be concluded and what 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the fee for communication at a distance if the costs of using the communication technology at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
- any other languages in which, besides 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 agreement in case of a continuous transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur confirms the receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed this acceptance of the agreement, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a request or order with reasons or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:
the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the data referred to in article 4, clause 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous clause shall only apply to the first delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

2. During this 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 to the entrepreneur, including all accessories provided and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur using the model withdrawal form or by another means of communication, such as email. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of shipment.

4. If the consumer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

When delivering services:

When delivering services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.

To exercise their right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the time of delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, only the cost of returning the goods shall be borne by the consumer.

2. If the consumer has paid an amount, the entrepreneur shall 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 by the online retailer or conclusive evidence of complete return can be provided. Repayment will be made using the same payment method used by the consumer unless the consumer explicitly consents to another payment method.

3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

4. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur 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 entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can quickly spoil or age;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
for single newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
Uitsluiting van het herroepingsrecht is slechts mogelijk voor diensten

Article 9 - The Price

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.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market and the entrepreneur has no influence on them. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include BTW.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal 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 uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims based on the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
The entrepreneur's warranty period 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.
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 otherwise handled negligently or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
the defectiveness 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 Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address communicated by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders expeditiously 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 executed partially, the consumer shall be notified thereof no later than 30 days after placing the order. In such cases, the consumer shall have the right to terminate the contract free of charge. The consumer shall not be entitled to compensation in such cases.
All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In case of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It shall be clearly and understandably stated upon delivery that a replacement item is being provided. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a pre-designated and clearly identified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuous transactions: duration, termination, and extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.

2. The consumer may terminate an agreement entered into for a definite period and which involves the regular delivery of products (including electricity) or services at any time, at the end of the specified duration, subject to the agreed termination rules and a notice period of up to one month.

3. The consumer may terminate the agreements mentioned in the preceding paragraphs:

- terminate at any time and not be limited to termination at a specific time or within a specific period;
- terminate at least in the same manner as they were entered into;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a specified period and providing for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified duration.
Notwithstanding the preceding paragraph, an agreement entered into for a specified period and providing for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months if the consumer can terminate this extended agreement at the end of the renewal period with a notice period of up to one month.
An agreement entered into for a specified period and providing for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month, and with a notice period of up to three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
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 renewed and will automatically end upon expiration 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 up to one month, unless the principles of reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

To the extent not 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(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur in writing, fully and clearly described, within 2 months after the consumer has discovered the defects.
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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with the WebwinkelKeur Foundation and complaints cannot be resolved through mutual agreement, the consumer should contact the WebwinkelKeur Foundation (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a resolution is still not reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to abide by this binding decision. There are costs associated with submitting a dispute to this arbitration committee, which the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.