Terms and conditions

General Terms and Conditions of Tekno B.V.

 

Table of Contents:

Article 1   - Definitions

Article 2   - Identity of the entrepreneur

Article 3   - Applicability

Article 4   - The offer

Article 5   - The contract

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 - Extended transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Liability and indemnification

Article 15 - Retention of title

Article 16 - Dissolution and suspension

Article 17 - Intellectual property rights

Article 18 - Terms and conditions specific to business customers

Article 19 - Complaints procedure

Article 20 - Disputes

Article 21 - Copyright on print designs

 

Article 1 - Definitions

In these terms and conditions, the terms below shall have the following meanings:

 

Customer: the third party who enters into a distance contract with the entrepreneur, whether or not acting in the exercise of a profession or business;

Cooling-off period: the period within which the customer can make use of their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Dealer: the customer with whom the entrepreneur has a dealer contract;

Extended transaction: a distance contract relating to a series of products and/or services, which delivery and/or purchase is spread over time;

Durable data carrier: any means that enables the customer or entrepreneur to store information that is addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Customisation: the manufacture and delivery of products or services according to the specifications given by the customer.

Model form: the model withdrawal form that the entrepreneur makes available to a consumer to fill in when they want to exercise their right of withdrawal.

Entrepreneur: the user of these general terms and conditions as described in article 2 who offers products and/or services (remotely) to customers;

Contract: a contract between the entrepreneur and a third party;

Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the time at which the contract is concluded, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for the conclusion of a contract, without the customer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

 

Article 2 - Identity of the entrepreneur

Name:                                      Tekno B.V.;

Address:                                  Coldenhovelaan 8, 2678 PS, De Lier

Telephone number:                   0174 - 725600

E-mail address:                        info@tekno.nl

Chamber of Commerce no.:      27216325

VAT identification number:         NL003322592B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every contract, whether or not at a distance, and to every order between the entrepreneur and the customer.
  2. Before the contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the request of the customer, they will be granted free of charge as soon as possible.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them 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 read electronically and that, at the request of the customer, they will be sent free of charge, electronically or otherwise.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, paragraphs 2 and 3 apply accordingly and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or declared null and void, the contract and these terms and conditions shall otherwise remain in force and the provision in question shall be immediately replaced by a provision that approximates the purport of the original as much as possible.
  6. Situations that are not regulated in 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 period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services. The entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  5. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any costs of shipment;
  • the method of payment, delivery and execution of the contract;
  • available sizes, colours, type of materials.

 

Article 5 - The contract

  1. Subject to the provisions of paragraph 3, the contract is concluded at the moment of acceptance of the offer by the customer and the fulfilment of the associated conditions.
  2. Unless explicitly agreed otherwise in writing, the entrepreneur has the right at all times to have the contract carried out in whole or in part by third parties, whereby these terms and conditions also applies to these third parties, on the condition that the entrepreneur authorises them in writing, if necessary afterwards, to invoke these terms and conditions without this authorisation giving rise to any obligations towards the entrepreneur.
  3. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, only a consumer can dissolve the contract.
  4. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the customer pays electronically, the entrepreneur will observe appropriate security measures.
  5. The entrepreneur can - within legal frameworks - inform themselves whether the customer can meet their 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 research, the entrepreneur has good reasons not to enter into the contract, the entrepreneur is entitled to refuse an order or request, or to attach special conditions to the execution of the contract, stating the reasons.
  6. Each contract is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

Delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
  2. During the 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 be able to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and in the original condition and undamaged Tekno packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. For example, the undamaged product must be provided with all documents (such as certificates) and the loose parts to be assembled.
  3. If the consumer wishes to make use of their right of withdrawal, they are obliged to inform the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that they want to make use of their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.
  4. If the customer, after the expiry of the periods referred to in paragraphs 1 and 3, has not made it known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Provision of services:

  1. When services are provided, the consumer has the option of dissolving the contract, without giving reasons, for a period of at least 14 days, commencing on the day the contract was concluded.
  2. In order to make use of their right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of the return shipment will be borne by them.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive proof of complete return can be submitted. The refund will be made using the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product. The risk of damage during the return shipment is also at the expense of the consumer.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer or at least in time for the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  • which have been created by the entrepreneur in accordance with the consumer’s specifications;
  • which are clearly personal in nature, or;
  • which by their nature cannot be returned;
  1. Exclusion of the right of withdrawal is only possible for services:
  • of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;

 

Article 9 – 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 as a result of changes in VAT rates.
  2. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  3. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
  • these are the result of statutory regulations or provisions; or
  • the customer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  1. The prices mentioned in the offer of products or services are inclusive of VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

Article 10 – Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations applicable at the date of concluding the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Upon receipt of the products, the conformity of the products must be checked immediately. Any defects or incorrectly delivered products that are present at the time of receipt must be reported to the entrepreneur in writing within 7 days of delivery. The products must be returned with all accessories delivered, in the original condition and in the original packaging.
  3. For any defects that have arisen after the products have been received in conformity, a warranty period of 6 months after receipt of the products applies. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
  4. The warranty does not apply if:
  • The customer repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or written on the packaging;
  • The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

 

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the customer has given to the entrepreneur. If the customer is not present at the time of delivery, or is unable to take delivery of the goods, or otherwise fails to take delivery of the goods, then the entrepreneur has the right to convert the delivery into a collection obligation for the customer to collect the goods at the address given by the carrier, after the customer has been notified.
  3. With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If an order cannot or can only partially be carried out, the customer will be notified no later than 30 days after they have placed the order. In that case, the customer has the right to dissolve the contract free of charge. The customer has no right to compensation.
  4. All terms of delivery are indicative. The customer cannot derive any rights from any of the terms mentioned. Exceeding a term does not entitle the customer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall return the amount paid by the customer as soon as possible, but at the latest within 14 days of dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement product available. The customer will be offered the choice to dissolve the contract or to accept delivery of the replacement product. The fact that an ordered product is not available does not entitle the customer to compensation.
  7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of shipment to the customer or a previously designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Reservations

  1. In case of reservations of not yet available products, the customer has to make a down payment of EUR 30.- per reserved product. The products will only be reserved after the payment has been received by the entrepreneur. The entrepreneur sends the customer a final invoice as soon as the reservation is ready to be delivered. Only after payment of the remaining invoice will the reservation be delivered to the customer. The reservation expires if the entrepreneur has not received payment of the remaining invoice within 30 days after the sending of the remaining invoice. In that case, half of the deposit will be returned automatically.

 

Article 12 - Extended transactions: duration, cancellation and extension

Cancellation

  1. The consumer may terminate an indefinite contract that has been concluded for the regular supply of products or services at any time, subject to the agreed termination rules and a notice period of one month.
  2. The consumer may at any time terminate a fixed-term contract that has been concluded for the regular supply of products or services at the end of the fixed-term, subject to the agreed termination rules and a notice period of one month.

Extension

  1. A fixed-term contract, which extends to the regular delivery of products or services, may not be tacitly extended or renewed for a fixed period.
  2. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, subject to a notice period of up to one month.

Duration

  1. If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice of up to one month, unless reasonableness and fairness dictate that termination before the end of the agreed term is unacceptable.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of a contract to provide a service, this period commences after the customer has received the confirmation of the contract.
  2. The customer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  3. If the customer fails to meet their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after the entrepreneur has informed them of the late payment and the entrepreneur has allowed the customer a period of 14 days to still meet their payment obligations. The entrepreneur will be entitled to charge, after the failure to pay within this 14-day period, the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of 15% on outstanding amounts up to EUR 2,500.-; 10% on the following EUR 2,500.- and 5% on the following EUR 5,000.-, with a minimum of EUR 40.- and a maximum of EUR 6,775.-. The entrepreneur may deviate from these amounts and percentages for the benefit of the customer.
  4. In the event of non-payment on the part of the customer, the entrepreneur shall be entitled, subject to statutory restrictions, to charge the customer for any reasonable costs made known to the customer in advance.

 

Article 14 - Liability and indemnification

  1. The entrepreneur shall not be liable for any direct or indirect damage suffered by the customer within the framework of the execution of the contract due to the entrepreneur’s failure to perform their obligations arising from the contract (on time) or to perform them only in part.
  2. The entrepreneur is never liable for indirect damage, including consequential damage, loss of turnover and profit, lost savings and damage due to (business) stagnation. If, for whatever reason, the entrepreneur is liable for direct damage, that liability will be limited to a maximum of the invoice amount, or at least that part of the invoice to which the liability relates, with a maximum of EUR 250.-.
  3. The customer indemnifies the entrepreneur against any claims from third parties in connection with the execution of the contract.
  4. Any claims for damages must be submitted to the entrepreneur in writing without delay, but no later than 24 hours after the occurrence of the damage, under penalty of inadmissibility.
  5. The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the entrepreneur or their managerial staff.

 

Article 15 - Retention of title

  1. All goods delivered by the entrepreneur remain the property of the entrepreneur until such time as the customer has fully met all their payment obligations to the entrepreneur by virtue of any contract concluded with the entrepreneur for the delivery of goods or the performance of work or services, including claims relating to the failure to fulfil such a contract.
  2. The entrepreneur reserves the right to retain goods, tools, materials, cars, money, securities, (financial) documents, etc., which they have in their possession from the customer under any title whatsoever, until the customer has fully met their financial and other obligations towards the entrepreneur (right of retention).
  3. For transactions with a customer established in a country where an extended retention of title applies, the entrepreneur has the right to declare the extended retention of title in force there applicable at any time they wish.

 

Article 16 - Dissolution and suspension

Dissolution

  1. If the customer does not, not fully, not timely or not properly fulfil an obligation under the contract, the entrepreneur is entitled to dissolve the contract with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor importance.
  2. Furthermore, the entrepreneur is entitled to dissolve the contract with immediate effect, if:
  • after the conclusion of the contract, the entrepreneur has become aware of circumstances that give good reason to fear that the customer will not fulfil their obligations;
  • upon conclusion of the contract, the customer was requested to provide security for the fulfilment of their obligations under the contract and this security is not provided or is insufficient;
  • due to the delay on the part of the customer, the entrepreneur can no longer be required to fulfil the contract at the originally agreed conditions;
  • circumstances arise which are of such a nature that fulfilment of the contract is impossible or that unaltered maintenance of the contract cannot reasonably be required of the entrepreneur;
  • the customer is declared bankrupt, submits a request for suspension of payments, requests the application of the debt rescheduling for natural persons, is confronted with a seizure of all or part of their property;
  • the customer is placed under guardianship;
  • the customer dies.
  1. Dissolution shall be effective by written notification without judicial intervention.
  2. If the contract is dissolved, the entrepreneur’s claims against the customer will become immediately due and payable.
  3. If the entrepreneur dissolves the contract on the basis of the foregoing grounds, the entrepreneur is not liable for any costs or damages.
  4. If the dissolution can be attributed to the customer, the customer is liable for any damage suffered by the entrepreneur.

Suspension

  1. If the customer does not, does not fully or does not timely fulfil an obligation under the contract, the entrepreneur has the right to suspend the fulfilment of the corresponding obligation. In the event of partial or improper fulfilment, suspension is only permitted to the extent that this is justified by the shortcoming.
  2. Furthermore, the entrepreneur is entitled to suspend the fulfilment of the obligations if:
  • after the conclusion of the contract, the entrepreneur has become aware of circumstances that give good reason to fear that the customer will not fulfil their obligations;
  • upon conclusion of the contract, the customer was requested to provide security for the fulfilment of their obligations under the contract and this security is not provided or is insufficient;
  • circumstances occur which are of such a nature that fulfilment of the contract is impossible or that unaltered maintenance of the contract cannot reasonably be expected of the entrepreneur.
  1. The entrepreneur reserves the right to claim damages.

 

Article 17 - Intellectual property rights

  1. The entrepreneur reserves all intellectual property rights with respect to products manufactured and/or delivered by them, services provided, and with respect to the products or services of which they hold or can exercise the copyrights or other intellectual property rights.
  2. The customer is expressly prohibited from reproducing, disclosing or exploiting those products, including system designs, working methods, advice, (model) contracts, brands and logos and other intellectual products of ours, all this in the broadest sense of the word, whether or not with the involvement of third parties. Reproduction, publication and/or exploitation is only permitted after prior written consent from the entrepreneur. The customer has the right to reproduce the written documents for their own internal use, as far as appropriate within the purpose of the order. In the event of premature termination of the commission, the foregoing shall apply mutatis mutandis.
  3. All intellectual property rights arising from the execution of the contract are the exclusive property of the entrepreneur and may not be reproduced or copied in any form whatsoever, in whole or in part, or made available other than for the purpose for which it was provided and/or delivered by the user, without the prior consent of the entrepreneur.
  4. It is not permitted to sell, screen, reproduce, deep link, use, copy, display or download any (substantive) information, products or services offered on the entrepreneur’s website for any commercial or competitive purpose or activity whatsoever.

 

Article 18 - Terms and conditions specific to business customers

  1. Without prejudice to the other articles of these general terms and conditions, this article shall apply additionally to customers acting exclusively in the exercise of their profession or business. In case of internal contradictions between the provisions of this article and other provisions of the general terms and conditions, the provisions of this article shall prevail.
  2. All contracts concluded with the entrepreneur will only become binding after written confirmation by the entrepreneur, or because the entrepreneur has started the execution of the order. Any additions or amendments to the aforementioned contracts are only binding on the entrepreneur after and in so far as they have been accepted by the entrepreneur and confirmed in writing. The customer is deemed to have accepted amendments or additions to contracts concluded with the entrepreneur if the customer has not objected in writing to such amendment(s) and/or addition(s) within 8 days of the date on which they became aware of the amendment/addition or could have become aware of the amendment/addition. The customer is deemed to be aware of the said amendment(s) and/or addition(s) at the moment that the entrepreneur has commenced the work to which the amendment (s) and/or addition(s) pertain(s).
  3. For each order, the entrepreneur sets a price or a rate separately. This price or rate is exclusively intended as the amount to be paid for the performance to be delivered by the entrepreneur, including the normal associated costs. The prices stated in the offer are based on the cost price factors, exchange rates, wages, taxes, duties, charges, freight, etc. known at that time. In the event of an increase in one of these factors, the entrepreneur is entitled to change the (sales) price offered accordingly.
  4. The entrepreneur is entitled to require advance payments and/or deposit or security (in the form of a bank guarantee).
  5. Discounts can only be granted after mutual consultation between the entrepreneur and the customer. Unless otherwise agreed in writing, these discounts are one-off deals. For subsequent transactions, previous discounts cannot be invoked.

Payment conditions in case of customisation

  1. Customers pay 25% of the total order amount as soon as the order has been signed for approval. After that, the work drawing is made by the entrepreneur.
  2. The entrepreneur will charge a 2nd instalment of 25% of the total order amount as soon as the work drawing has been signed for approval by the customer. As soon as the entrepreneur has received this payment, the production of the order will start.
  3. The payment of the last instalment, 50% of the total order, must be received by the entrepreneur before the miniatures are delivered.

Payment conditions for contracts with dealers

  1. For each reservation, the dealer must pay a deposit of 10% of the total amount reserved. The reservation is effective as soon as the payment has been received by the entrepreneur.
  2. The entrepreneur sends the dealer an invoice as soon as the reservation is ready to be delivered.
  3. After receipt of the payment by the entrepreneur, the reservation will be delivered.
  4. The entrepreneur is entitled to cancel the reservation if the dealer has not paid the final invoice within a period of 30 days. The entrepreneur returns half of the 10%-deposit in the same way as it was initially paid.

 

Article 19 - Complaints procedure

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, clearly described and in full, after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed reply.
  4. A complaint does not suspend the obligations of the customer, unless the entrepreneur indicates otherwise in writing.
  5. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at the entrepreneur’s discretion.

 

Article 20 - Disputes

  1. Contracts between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer is living abroad.
  2. The Vienna Sales Convention does not apply.

Article 21 - Copyright on print designs

  1. If the customer submits an own design, or in any other way influences the product (text personalization), the customer gives Tekno B.V. the assurance that no third party rights are attached to the text and motif. Any violations of copyright, personality or trade name rights are in that case fully at the expense of the customer. The customer also assures that by individualizing the product, he also does not infringe on any other third-party rights.

  2. The customer will indemnify Tekno B.V. against all claims and demands based on infringement of such third-party rights, insofar as the customer must vouch for the breach of his duties. The customer shall reimburse Tekno B.V. for all resulting costs of defense and other damages.
Copyright Tekno B.V. 2020