General Terms and Conditions

Article 1 - Definitions
In these terms and conditions, the following terms shall apply:
1. Additional agreement: an agreement whereby the client acquires products, digital content and/or services in connection with a distance contract and these things, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the client can make use of his right of withdrawal;
3. Client: the natural person who does not act for purposes related to his commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the client or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility of the client to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to clients remotely;
10. Distance contract: an agreement concluded between the entrepreneur and the client in the context of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, only or partly use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these conditions. Annex I does not have to be made available if the client has no right of withdrawal in respect of his order;
12. Technology for distance communication: means that can be used for the conclusion of an agreement, without the client and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur
Tandwiel.net;
Kamperhoeve 15 in Hattem;
info@tandwiel.net
Chamber of Commerce number: 58051155
VAT identification number: NL001445610B96

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the client.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the client. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded, how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the request of the client.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the client electronically in such a way that it can be easily stored by the client on a durable medium by the client. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent electronically or otherwise free of charge at the request of the client.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the client may, in the event of conflicting conditions, always invoke the applicable provision that is most favorable to him.

Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the client. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the client what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the client of the offer and the fulfilment of the conditions set out therein.
2. If the client has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the client can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the client can pay electronically, the entrepreneur will take appropriate security measures to this end.
4. The entrepreneur can inform himself within legal frameworks - whether the client 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will send the following information, in writing or in such a way that it can be stored by the client in an accessible manner on a durable medium, at the latest when delivering the product, the service or digital content to the client:
a. the visiting address of the establishment of the entrepreneur where the client can go with complaints;
b. the conditions under which and the manner in which the client can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; to the extent applicable the cost of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the client has a right of withdrawal, the model withdrawal form.
6. In the event of a duration transaction, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal
For products:
1. The client may terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the client for the reason for withdrawal, but does not oblige it to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the client, or a third party designated in advance by the client, who is not the carrier, has received the product, or:
a. if the client has ordered several products in the same order: the day on which the client, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the client about this prior to the ordering process, refuse an order of several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the client, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products for a certain period: the day on which the client, or a third party designated by him, has received the first product.

For services and digital content that is not provided on a material medium:
3. The client may terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material medium for a minimum of 14 days without giving reasons. The entrepreneur may ask the client for the reason for withdrawal, but does not oblige it to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a material medium if not informed about right of withdrawal:
5. If the entrepreneur has not provided the client with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the preceding paragraph to the client within twelve months of the effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the client received that information.

Article 7 - Obligations of the client during the cooling-off period
1. During the cooling-off period, the client will handle the product and packaging carefully. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the client may only handle and inspect the product as he should be allowed to do in a store.
2. The client is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The client is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the client and costs thereof
1. If the client makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the client shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The client has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The client shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the client.
5. The client shall bear the direct costs of returning the product. If the entrepreneur has not reported that the client must bear these costs or if the entrepreneur indicates that he is carrying the costs himself, the client does not have to bear the costs for return.
6. If the client revokes after first having expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the client shall owe the entrepreneur an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared with the full fulfillment of the commitment.
7. The client shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or to the supply of district heating, if:
a. the entrepreneur has not provided the client with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
b. the client has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The client shall not bear any costs for the full or partial delivery of digital content not supplied on a material medium, if:
a. prior to its delivery, he has not expressly agreed to commence the fulfilment of the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal in granting his consent; or
c. the entrepreneur has failed to confirm this statement from the client.
9. If the client makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the client possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur reimburses all payments made by the client, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the client notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product or until the client demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same means of payment that the client has used for reimbursement, unless the client agrees to another method. The refund is free of charge for the client.
4. If the client has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the client who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service Agreements, after full performance of the service, but only if:
a. the execution has begun with the express prior consent of the client; and
b. the client has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts of passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a certain date or period of execution and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of implementation thereof;
7. Products manufactured according to the specifications of the client, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the client, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, by their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines or magazines, with the exception of subscriptions;
14. The delivery of digital content other than on a material medium, but only if:
a. the execution has begun with the express prior consent of the client; and
b. the client has declared that he loses his right of withdrawal.

Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are indicated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the client has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Fulfillment of agreement and additional guarantee
1. The entrepreneur guarantees that the delivered products and / or services comply with the agreement, the specifications stated 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.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the client can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.
3. Additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he assigns to the client certain rights or claims that go beyond what it is legally obliged to do in case he has failed to comply with his part of the agreement.

Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the client has made known to the entrepreneur.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the client will receive notice of this no later than 30 days after he has placed the order. In that case, the client has the right to terminate the agreement without charge.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the client has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the client or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal
Termination:
1. The client may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The client may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed duration with due observance of the agreed termination rules and a notice period of no more than one month.
3. The client may:
- terminate at any time and not be limited to termination at a certain time or in a certain period of time;
- at least terminate in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a fixed period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period of time.
5. By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period of time and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the client can terminate this extended agreement by the end of the renewal with a notice period of no more than one month.
6. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the client may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration until the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introduction period.
Duration:
8. If an agreement has a duration of more than one year, the client may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment
1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the client must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period starts on the day after the client has received the confirmation of the agreement.
2. When selling products to clients, the client may never be obliged to pay in advance of more than 50% in general terms and conditions. When prepayment has been stipulated, the client cannot assert any right regarding the execution of the relevant order or service(s), before the stipulated advance payment has taken place.
3. The client has the duty to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
4. If the client does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the client a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are maximum: 15% on outstanding amounts up to € 2,500,=; 10% over the following € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the client.

Article 16 – Liability
1. The liability of the entrepreneur is limited to compliance with the warranty obligations described in article 12 of these conditions and the products and/or services provided. If the entrepreneur has not fulfilled his obligations arising from Article 12 within a reasonable period of time, the client may, in a written communication, set a last, appropriate period for the fulfilment by the entrepreneur of these obligations. If the entrepreneur does not comply with his obligations within this last period, the client can, at the expense and risk of the entrepreneur, carry out the necessary repair work himself or have it carried out by a third party. If repair work is thus successfully carried out by the client or by a third party, the entrepreneur has been discharged from all liability for the defect incurred by reimbursement of the reasonable costs incurred by the client, on the understanding that these costs will not exceed 15 percent of the price agreed for the delivered product.
2. If the repair work is not carried out successfully in accordance with paragraph 1, (a) the client is entitled to a discount on the price agreed for the delivered product in proportion to the depreciation of the product, provided that this discount can not exceed 15 percent of the price agreed for the delivered product, or (b) the client can, if the defect is so serious that it significantly deprives the client of the benefit of the contract, by a written notice to the entrepreneur The client is then entitled to a refund of the price paid for the delivered product and to compensation for the damage suffered by him, up to a maximum of 15 percent of the price agreed for the delivered product.
3. Unless there is intent or deliberate recklessness on the part of the employees of the entrepreneur and subject to the provisions of paragraphs 1 and paragraph 2 of this article, all liability of the entrepreneur for defects in the delivered product and in connection with the delivery, such as for damage due to exceeding the delivery time and by non-delivery, for damage resulting from liability towards third parties, for business damage, consequential damage and indirect damage and for damage resulting from any damage resulting from any
4. The entrepreneur is therefore not liable for - violation of patents, licenses or other rights of third parties; - damage or loss, for whatever cause, of raw materials made available by the client, semi-finished products, models, tools and other matters.
5. If the entrepreneur, without having commissioned the assembly / installation, provides assistance and assistance - of whatever nature - with the assembly / installation, this is at the risk of the client.
6. The client is obliged to indemnify the entrepreneur or to indemnify the entrepreneur in respect of all claims of third parties for compensation for damage.


Article 17 - Complaints procedure
1. The entrepreneur has a standard complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the client has discovered the defects.
3. 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 period of 14 days with a notice of receipt and an indication when the client can expect a more detailed answer.
4. The client must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is susceptible to the dispute settlement.
Article 18 - Disputes
1. Contracts between the entrepreneur and the client to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 19 - Additional or different provisions
Additional or different provisions of these general terms and conditions may not be to the detriment of the client and must be recorded in writing or in such a way that they can be stored by the client in an accessible manner on a durable medium.