Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and 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 delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur 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 possibility for the consumer to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, whereby up to and including the conclusion of the contract, only one or more means of distance communication are used for communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.

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

 

Article 2 - Identity of the entrepreneur

Company information:

Company name: TMC
Operating under the name: Sansoti
Chamber of Commerce number: 92134866
VAT number: NL004938015B40
Phone 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 entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader 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 conclusion of the distance agreement in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

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

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the rest of the agreement and these General Terms and Conditions will remain in effect, and the relevant provision will be promptly replaced, in mutual consultation, by a provision that approximates the intent of the original provision as closely as possible.

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 made under conditions, this will be explicitly stated in the offer. The offer is subject to change. The entrepreneur has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

The images of the Products are a faithful representation of the offered Products. The Company cannot guarantee that the displayed colors exactly match the actual colors of the Products.

Each offer contains information from which the consumer can understand which rights and obligations are connected to the acceptance of the offer. This particularly concerns: the price, excluding customs clearance costs and VAT on import. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special regulation for postal and courier services on import. 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 (also related to customs clearance costs) from the recipient of the goods;

the shipping costs, if applicable;

the manner in which the agreement must be concluded and the actions necessary for its conclusion;

whether the right of withdrawal applies or not;

the method of payment, delivery, and performance of the agreement;

the period for acceptance of the offer or the period within which the trader guarantees the price;

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

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

the manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement before concluding the agreement;

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

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

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

Optional: available sizes, colors, material types.

 

Article 5 - The agreement

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

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

If the agreement is concluded electronically, the entrepreneur takes 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 appropriate security measures.

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

The trader provides the consumer, together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the following information

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

2. the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;

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

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

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

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

Every agreement is concluded under the suspensive condition of sufficient availability of the involved products.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 30 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and the trader has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, as far as reasonable, in the original condition and packaging to the trader, 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 entrepreneur within 30 days of receiving the product. The consumer must do this in the form of a written notification/email. After the consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered product was returned on time, for example by providing proof of shipment.

If the customer has not indicated after 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 case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods are 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. The condition is that the goods have already arrived at the trader or that conclusive proof of the full return can be provided.

 

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer from the right of withdrawal for the products 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 time before the conclusion of the contract.

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

1. that have been created by the trader according to the consumer's specifications

2. that are clearly personal in nature

3. that by their nature cannot be returned, or

4. that spoil or age quickly;

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

6. for individual newspapers and magazines;

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

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

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

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

2. for which delivery, with the express consent of the consumer, has begun before the expiration of the reflection period

3. on bets and lotteries.

 

Article 9 - The price

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

Contrary to the previous paragraph, the trader may offer products or services with prices tied to fluctuations in the financial market over which he has no influence, at variable prices. This connection to fluctuations and the fact that the listed prices are recommended prices are stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

1. they arise from statutory provisions or regulations, or

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

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

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 an incorrect price.

 

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

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

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

The warranty period of the Entrepreneur corresponds to the warranty period of the Manufacturer. 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 had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or have been treated on the packaging;

The defectiveness is wholly or partly due to regulations issued or to be issued by the state regarding the type or quality of the materials used.

 

Article 11 - Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the entrepreneur.

Subject to the provisions of article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed 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 is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur 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 entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it must be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

 

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

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

The consumer may terminate a fixed-term agreement concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules 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 and not only at a specific time or during a certain period; terminate them at least in the same manner as they were concluded by him; always terminate with the same notice period as the trader has set for himself. Extension

An agreement concluded for a fixed term concerning the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement for the periodic provision of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer has the right to terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

A fixed-term agreement concerning the regular delivery of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer has the option to terminate the agreement at any time with 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 than once a month, may not exceed three months.

A temporary contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Duration

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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 - Payment

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

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

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer all reasonable costs that have been communicated in advance.

 

Article 14 - Complaints

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 30 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 30 days 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.

A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

Company information:

Company name: TMC
Operating under the name: Sansoti
Chamber of Commerce number: 92134866
VAT number: NL004938015B40
Phone 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.