TERMS and CONDITIONS OF TIMEBOO
Article 2-The vendor's identity
Article 3-Scope of application
Article 4-The offer
Article 5-The supply agreement
Article 6- Right of withdrawal
Article 7- Costs of withdrawal
Article 8-Exclusion of the right of withdrawal
Article 9-The price
Article 10-Conformity and Guaranteed
Article 11-Delivery and implementation
Article 12-Duration transactions
Article 14-Complaints procedure
Article 16-Additional or different provisions
Article 17-Modification of the general terms and conditions
Article 18-Personal data
Article 19–Applicable law and competent court
Article 21-Your rights
Article 22-Amendments to the general terms and conditions
Article 1 – Definitions
The following definitions apply to these conditions:
Vendor: the natural or legal person who remotely sells products and/or services to consumers;
Consumer: a natural person not acting in the course of a profession or business and a distance contract with the vendor;
"Distance contract" means a contract in which the vendor in the framework of an organized system for distance selling of products and/or services, to the conclusion of the agreement exclusive use of one or more means of distance communication;
Means of distance communication: Means that can be used to conclude a contract, without the consumer and vendor having met in person;
Grace period: The period during which the consumer can make use of his right of withdrawal;
Right of withdrawal: The possibility for the consumer to within the cooling-off period opt out of the contract;
Day: Calendar day;
Duration transaction: A distance contract in connection with a series of products and/or services, whose supply and/or purchase obligation in time is spread;
Durable medium: Any means that allows the consumer or business owner information that is addressed to him personally, store in a way that future consultation and unaltered reproduction of the information stored.
Article 2-the vendors identity
Timeboo is part of Cayboo VOF
Bisschop Balderiklaan 20
6077 BN Sint Odilienberg
telephone number: + 31 (0) 6 41,948,299 or + 31 (0) 6 26,002,930
Commercial register: 54231639
VAT ID number: NL8512. 21.610 B01
Article 3 – Scope of application
1. These general conditions apply to all offers of the vendor and on any distance contract concluded between vendor and consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, will before the distance contract is concluded, indicated that the General conditions at the vendor and, at the request of the consumer as quickly as possible be sent free of charge.
3. If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can store onto a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer's request, by electronic means or otherwise will be sent free of charge.
4. In addition to these general conditions also apply specific product or service conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting terms and conditions always rely on the applicable provision that is most favorable to him.
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the vendor uses images, these are a true reflection of the products and/or services. Obvious mistakes or errors in the offer shall be binding on the vendor.
3. Each offer will contain such information that will be clear to the consumer what rights and obligations are involved in accepting the offer.
This concerns in particular:
• the price including taxes;
• any costs of delivery;
• the way in which the contract shall be concluded and which actions this will require;
• whether or not application of the right of withdrawal;
• the method of payment, delivery or performance;
• the deadline for accepting the offer, or the period for adhering to the price;
• the level of the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic rate;
• If the agreement is filed subsequent to its conclusion, how the consumer to consult it;
• how the consumer before the conclusion of the agreement by not wanted by him acts can get informed, as well as the way in which he can recover before the contract is concluded;
• any languages in which, in addition to Dutch, the contract can be concluded;
• the conduct to which the vendor subjected to and the way in which the consumer can consult by electronic means;
• and the minimum duration of the contract in case of an agreement that aims at continuous or periodic delivery of products or services.
Article 5-the contract
1. The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the contract is concluded electronically, the vendor will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will ensure appropriate security measures.
4. The economic operator may – within statutory frameworks – about the consumer's ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the vendor on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
5. The company will with the product or service supply to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the visiting address of the trader's business where the consumer can lodge complaints;
b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and guarantees;
d. the conditions in article 4 paragraph 3 of these, unless the trader has already provided the consumer before the conclusion of the agreement;
e. the requirements for cancellation of the agreement if the contract has a duration of more than one year or is indefinite.
6. If the trader has committed itself to deliver a series of products or services, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
1.When purchasing products, the consumer may require up to 14 days after receiving the order without giving any reason to cancel. This period shall begin from the day after receipt of the product by or on behalf of the consumer. After cancellation, the consumer again 14 days to return the product. The consumer will get the full order amount including shipping credited. Only the return of the products from the consumer's home to the online store shall be borne by the consumer.
If the consumer exercises the right of withdrawal, the product has to be reasonably in the original condition and packaging to be returned.
To exercise this right, please contact us at info@Timeboo.eu or by completing the withdrawal form you find here. http://static.mijnwebwinkel.nl/winkel/cayboo/files/nl_nl_1_Formulier%20voor%20herroeping%20Cayboo%20.pdf
2. During this period the consumer will handle the product and the packaging. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will have the product and – if reasonably possible-in the original condition and packaging to return the entrepreneur, in accordance with the reasonable and clear instructions by the vendor.
Article 7-Costs of withdrawal
1. If the consumer exercises his right of withdrawal, at the cost of return shipping account.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible but no later than 14 days after the consumer has indicated to dissolve the agreement.
Article 8-Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the vendor if this is clearly stated in the offer, at least in time for the conclusion of the agreement, has mentioned.
2. Exclusion of the right of withdrawal is only possible for products:
a. that the vendor is established in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
Article 9-The price
1. During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in tax rates.
2. By way of derogation from the previous paragraph, the trader may offer for sale products or services whose prices are subject to fluctuations in the financial market to beyond the vendors control, with variable prices. These fluctuations and the fact that any price mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the vendor has agreed and:
a. they are the result of statutory regulations or provisions; or
b. the consumer the power to terminate the contract on against the day when the price increase takes effect.
5. In the offer of products or services mentioned prices include VAT.
Article 10-Compliance and warranty
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations.
2. If a manufacturer or importer offers a guarantee does this not detract from the rights and claims that the consumer is failing in the fulfilment of the obligations of the vendor The consumer could apeal to the of the law and/or the distance contract.
Article 11-Delivery and execution
1. The vendor will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer supplies to the company.
3. Subject to what about this in article 4 of these terms and conditions, the company agrees to deliver accepted orders within 30 days, unless a longer delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will be advised of this no later than one month after the order was placed. The consumer in this case has the right to terminate the contract without penalty, without right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the vendor will refund the amount which the consumer paid as quickly as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the vendor will attempt to make available a replacement article. At the latest at the time of delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. To substitute items, the right of withdrawal cannot be ruled out. The cost of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests to the moment of delivery to the consumer with the vendor, unless otherwise expressly agreed.
Article 12 – Duration transactions
1. The consumer may contract for an indefinite period, at any time, terminate the applicable termination rules and a notice of up to one month.
2. A contract for a definite period has a maximum term of one year. If it is agreed that the distance contract will be extended, then the consumer is after the time of this automatic renewal at any time the right to cancel the agreement with a notice period of up to one month.
Article 13 – Payment
1. The agreed by the consumer later amounts have to be paid within fourteen days after delivery of the product or in case of a contract for the provision of a service, within 14 days after issuance of the agreement on modest.
2. When selling products to consumers, the General conditions stipulate an advance payment in excess of 50%. When payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to have inaccuracies in payment data provided or stated to report without delay to the economic operator. 4. In the event of default by the consumer, the entrepreneur subject to statutory limitations, the right to advance to the consumer reasonable costs to charge.
Article 14-complaints procedure
1. The vendor has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be within 7 days fully and clearly described and submitted to the entrepreneur, after the consumer has found the flaws.
3. Within a period of 14 days after the date of receipt. If a complaint longer processing time, the vendor within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
5. When should a consumer complaints are first of all to turn to Cayboo vof. Complaints that are not resolved by mutual agreement, the consumer to turn to Quality Foundation (URwww.webwinkelkeur.nl), this free will mediate. Should there not be a solution, the consumer the ability to Dispute his complaint by Foundation Online (www.geschilonline.com) to obtain treatment, the pronunciation of this is binding and both vendor as a consumer agree to these binding ruling. To submitting a dispute to the disputes Committee are costs which the consumer is charged should be to the appropriate Commission. It is also possible to file complaints to sign up through the European ODR platform (http://ec.europa.eu/odr). 6. A complaint suspends the obligations of the vendor , unless the vendor indicates otherwise in writing.
7. If a complaint is found to be well founded by the vendor, the vendor will at its option replace or repair free of charge the delivered products.
1. On agreements between the vendor and the consumer to which these general conditions relate, is exclusively Dutch law is applicable.
2. Disputes between the consumer and the vendor about the creation or implementation of agreements related to by this vendor to deliver products and services, or may, having due regard to the provisions set out below, both by the be submitted to quality through the page https://www.webwinkelkeur.nl/consument/geschil/
3. Quality mediates and does no binding decision. If this mediation is not sufficient to achieve a solution of the dispute, then the complaint should be submitted to an arbitration board, http://www.geschilonline.nl/content/view/39/78/
Article 16-Additional or different terms or of these general terms and conditions
Additional derogations may not be made at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer could store these documents in an accessible manner on a durable medium.
Article 17-intellectual property.
The buyer expressly acknowledges that all intellectual property of displayed information, communications or other expressions concerning the products and/or in connection with the website are owned by Timeboo, its suppliers or other copyright holders.
Article 18-personal data.
Article 19 – applicable law and competent court. To all offers of Timeboo, its agreements and its implementation is exclusively Dutch law is applicable. Applicability of the Vienna Sales Convention is expressly excluded.
The website of Timeboo may contain third party advertisements or links to other websites. On the privacy policies of these third parties or their websites Timeboo has no effect and is therefore not responsible.
Article 21-your rights
You can always ask Timeboo what data about you is being processed. To do this, please send an e-mail to info@Timeboo.eu. You could also contact Timeboo by e-mail to improvements, additions or other corrections these will Timeboo process as soon as possible. If you do not wish to receive infromation anymore you can notify Timeboo. Sending information only happens if you have given your email address to TIMEBOO.
Article 22-Amendments to the general terms and conditions Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail