Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader.

Day: calendar day

Subscription contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

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 an organized system for the distance sale of goods and/or services operated by the trader, one or more means of distance communication is used exclusively up to and including the conclusion of the contract. Means of distance communication: a medium that can be used to conclude a contract without the consumer and trader being together in the same room at the same time.

General Terms and Conditions: these general terms and conditions of the trader.

 

Article 2 - Identity of the trader

Company information:

Company name: TMC
Trading under the name: Sansoti
Chamber of Commerce number: 92134866
Legal form: Sole proprietorship
VAT number: NL004938015B40
Telephone number: +1 516 440 8424
Email address: info@sansoti.com

Opening hours:

Monday - Friday: 09:00 - 18:00

Saturday - Sunday: 09:00 - 16:00

We strive to respond within 24 hours. 

Article 3 - Applicability 

These general terms and conditions apply to every offer from the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

Contrary to the previous paragraph, when the agreement is concluded electronically at a distance, the text of these general terms and conditions will be made available to the consumer in electronic form before the distance agreement is concluded, in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or by other means.

IIf, in addition to these general terms and conditions, specific product or service terms and conditions also apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these General Terms and Conditions will remain in force, and the provision concerned will be promptly replaced, by mutual agreement, with a provision that most closely reflects the purport of the original provision.

Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.

 

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. The offer is subject to change. The trader has the right to modify and amend the offer.

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 assess the offer correctly. If the trader 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 trader.

All images, specifications and details in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

The images of the Products are a faithful representation of the Products offered. The Company cannot guarantee that the colours shown correspond exactly to the actual colours of the Products.

Every offer contains information from which the consumer can determine the rights and obligations associated with accepting the offer. This concerns, in particular: the price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service uses the special regulation for postal and courier services on importation. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects the VAT, including in connection with customs clearance costs, from the recipient of the goods;

the shipping costs, if applicable;

the way in which the agreement is to be concluded and the actions required for its conclusion;

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 during which the trader guarantees the price;

the amount of the rate for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the standard rate for the communication technology used;

whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

the way in which the consumer can check and, if desired, correct the information provided by them in connection with the agreement before concluding the agreement;

all languages other than Dutch in which the agreement can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;

and The minimum duration of the distance contract in the event of a longer transaction.

Optional: available sizes, colours, types of material.

 

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may - within the legal framework - obtain information about whether the consumer is able to meet their payment obligations and about all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its performance.

The trader shall provide the consumer, together with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable data medium, with the following information

1. the address of the trader's registered office where the consumer can submit complaints;

2. the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;

3. the information about guarantees and existing after-sales service;

4. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;

5. the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a fixed-term agreement, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without stating reasons within 30 days. This cooling-off period begins on the day after the consumer or a representative previously designated by the consumer and the trader has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall unpack or use the product only to the extent necessary to assess whether they wish to retain it. If the consumer exercises their right of withdrawal, they shall return the product to the trader with all accessories supplied and, insofar as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must do so in the form of a written notification/email. After notifying the trader that they wish to exercise their right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered product was returned in good time, for example by providing proof of dispatch.

If the customer has not notified the trader after the expiry of the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

 

Article 7 - Costs in the event of withdrawal

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

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the goods having already arrived at the trader or conclusive proof of the complete return being provided.

 

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement.

The exclusion of the right of withdrawal is only possible for products

1. that have been produced by the trader in accordance with the consumer's specifications

2. that are clearly personal in nature

3. that, by their nature, cannot be returned, or

4. that deteriorate or age rapidly;

5. whose price is subject to fluctuations in the financial market over which the trader has no influence;

6. individual newspapers and magazines;

7. audio and video recordings and computer software whose seal has been broken by the consumer; and

8. hygiene products whose seal has been broken by the consumer. 18

The exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, hospitality or leisure activities to be performed on a specific date or during a specific period;

2. whose delivery, with the consumer's express consent, began before the cooling-off period expired.

3. on bets and lotteries.

 

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered may not be increased, except for price changes resulting from changes in VAT rates.

By way of exception to the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market over which the trader has no influence at variable prices. This connection with fluctuations and the fact that the stated prices are recommended retail prices are stated in the offer.

Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.

Price increases from 3 months after the agreement is concluded are permitted only if the trader has agreed to them and:

1. they result from statutory provisions or regulations, or

2. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

According to Article 5, paragraph 1, of the 1968 VAT Act, the place of supply is the country where transport begins. In that case, the delivery takes place outside the EU. Accordingly, the postal or courier company will charge the customer import VAT and/or customs clearance costs. Therefore, the trader will not charge VAT.

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 an incorrect price.

 

Article 10 - Compliance and guarantee

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 in force on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the consumer's statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.

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.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or the packaging has been handled improperly;

The defect is wholly or partly attributable to regulations issued or to be issued by the government concerning the type or quality of the materials used.

 

Article 11 - Delivery and performance

The trader will exercise the utmost care when receiving and processing orders for products.

The delivery address is the address provided by the consumer to the trader.

Subject to the provisions of Article 4 of these general terms and conditions, the trader will process accepted orders promptly and 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 fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and to claim any applicable compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If it is not possible to deliver an ordered product, the trader will make every effort to provide a replacement item. At the latest upon delivery, it must be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of returning the item will be borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the products are delivered to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

 

Article 12 - Continuation of the work: duration, termination and extension Planning

The consumer may terminate an agreement concluded for an indefinite period concerning the regular delivery of products (including electricity) or services at any time, subject to the agreed termination procedures and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed term concerning the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination procedures and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs at any time, rather than only at a specific time or during a specific period, and must be able to terminate them in the same manner as they were concluded. The consumer may always terminate the agreement with the same notice period as the trader has stipulated for itself. Extension

An agreement concluded for a fixed term concerning the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, an agreement for a fixed term concerning the periodic delivery of daily and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer has the right to terminate the extended agreement at the end of the extension period, subject to a notice period of no more than one month.

An agreement for a fixed term concerning the regular supply of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer has the option to terminate the agreement at any time, subject to a notice period of no more than one month, which, in the case of an agreement for the regular delivery of daily and weekly newspapers or magazines, but less frequently than once a month, may not exceed three months.

A fixed-term contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not automatically extended and ends automatically after the trial or introductory period has expired.

Duration

If an agreement lasts for 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

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement concerning the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report inaccuracies in the information provided or the payment indicated to the operator.

In the event of non-payment by the consumer, the business has the right, subject to statutory limitations, to charge the consumer all reasonable costs that were communicated to them in advance.

 

Article 14 - Complaints

Complaints about the performance of the agreement must be submitted to the business fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the trader will be answered within 30 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.

If the business finds a complaint to be justified, it will, at its discretion, replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

Company information:

Company name: TMC
Trading under the name: Sansoti
Chamber of Commerce number: 92134866
Legal form: Sole proprietorship
VAT number: NL004938015B40
Telephone number: +1 516 440 8424
Email address: info@sansoti.com

Opening hours:

Monday - Friday: 09:00 - 18:00

Saturday - Sunday: 09:00 - 16:00

We strive to respond within 24 hours.