Download general terms and conditions

General Terms and Conditions of TXH media, hereinafter referred to as Twirling.com, established in Barendrecht.
 
Version valid from 1-7-2010
 
 1. General
 
1.1 These terms and conditions apply to all offers from Twirling.com. The conditions are accessible to everyone and included on the website of Twirling.com. Upon request, we will send you a written copy.
 
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Twirling.com reserves the right to change its delivery and / or payment conditions after the expiry of the term.
 
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Twirling.com.
 
1.4 Twirling.com guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
 
2. Delivery
 
2.1 Delivery takes place while stocks last.
 
2.2 Twirling.com will execute orders at least within 30 days within the framework of the distance purchase rules. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
 
2.3 The obligation to deliver from Twirling.com will, subject to proof to the contrary, be met as soon as the goods delivered by Twirling.com have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
 
2.4 All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
 
3. Prices
 
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
 
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
 
3.3 All prices on the site are in EUROs and include 21% VAT, the rates quoted in other currencies are indicative only.
 
4. View period / right of withdrawal
 
.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Section 7: 5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving a reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to Twirling.com after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Twirling.com in writing within the period of 14 days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, Twirling.com ensures that the full purchase amount including the calculated shipping costs will be reimbursed to the customer within 30 days after the receipt of the return shipment. The return of the delivered goods is entirely for the account and risk of the buyer.
 
4.2 The right of withdrawal does not apply to:
 
• services whose implementation, with the consent of the consumer, has begun for the period of seven working days
 
• goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
 
• goods that have been manufactured to the consumer's specifications, for example custom work, or that have a clear personal character
 
• for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly
 
5. Data management
 
5.1 If you place an order with Twirling.com, your details will be included in the Twirling.com customer base. Twirling.com adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
 
5.2 Twirling.com respects the privacy of the users of the website and ensures confidentiality of your personal information.
 
5.3 Twirling.com uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
 
6. Warranty
 
6.1 Twirling.com guarantees that the products it supplies meet the requirements of usability, reliability and service life as they are reasonably intended by the parties to the purchase agreement, and thereby vouches for the manufacturer's warranty for the product delivered to you.
 
6.2 The warranty period of Twirling.com corresponds to the factory warranty period. Twirling.com is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
 
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to Twirling.com) must immediately report these defects in writing to Twirling.com. Any defects or incorrectly delivered goods must and can be reported to Twirling.com in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
 
6.4 If complaints from the customer are found to be justified by Twirling.com, Twirling.com will, at its option, replace the goods delivered free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of Twirling.com and provided that the amount of the compensation is always limited to at most the invoice amount of the goods in question, or (at the option of Twirling.com) to the maximum amount covered in that case by the liability insurance of Twirling.com. Any liability of Twirling.com for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
 
6.5 Twirling.com is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
 
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Twirling.com; B) the buyer has repaired and / or modified the delivered goods himself or had them repaired or modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of Twirling.com and / or instructions on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used;
 
7. Offers
 
7.1 Offers are without obligation, unless otherwise stated in the offer.
 
7.2 Upon acceptance of a non-binding offer by buyer, Twirling.com reserves the right to withdraw the offer or to deviate from it within the period of 3 working days after receipt of that acceptance.
 
7.3 Verbal commitments only bind Twirling.com after they have been confirmed explicitly and in writing.
 
7.4 Offers from Twirling.com do not automatically apply to repeat orders.
 
7.5 Twirling.com cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
 
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
 
8. Agreement
 
8.1 An agreement between Twirling.com and a customer is established after an order assignment by Twirling.com has been assessed for feasibility.
 
8.2 Twirling.com reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.
 
9. Images and specifications
 
9.1 All images; photos, drawings etc .; Data on weights, dimensions, colors, images of labels, etc. on the Twirling.com website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
 
10. Force majeure
 
10.1 Twirling.com is not liable if and insofar as its commitments cannot be met due to force majeure.
 
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Twirling.com as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force majeure.
 
10.3 In the event of force majeure, Twirling.com reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. In no case is Twirling.com obliged to pay any fine or compensation.
 
10.4 If at the commencement of the force majeure Twirling.com has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the already delivered or the deliverable part and the customer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
 
11. Liability
 
11.1 Twirling.com is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the package and / or consult our website before use.
 
12. Retention of title
 
12.1 Twirling.com retains ownership of all goods sold and delivered to the customer by Twirling.com as long as the customer has not paid the claims of Twirling.com under the agreement or previous or later similar agreements, as long as the customer does work still to be performed from these or similar agreements has not yet been paid and as long as the customer has not yet paid the claims of Twirling.com for failing to fulfill such obligations, including claims regarding fines, interest and costs, a and others as referred to in Section 3:92 of the Dutch Civil Code.
 
12.2 The goods delivered by Twirling.com that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
 
12.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
 
12.4 The customer already gives unconditional and irrevocable permission to Twirling.com or a third party to be appointed by Twirling.com to, in all cases in which Twirling.com wishes to exercise its ownership rights, to enter all those places where its property will be located. and to take those things there.
 
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Twirling.com of this as soon as can reasonably be expected.
 
12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to provide the insurance policy for inspection on request to Twirling.com.
 
13. Applicable law / competent court
 
13.1 Dutch law applies to all agreements.
 
13.2 The competent court within the Rotterdam district will take cognizance of disputes arising from an agreement between Twirling.com and the buyer, which cannot be resolved in mutual consultation, unless Twirling.com prefers the difference to the competent court of submit the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.

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