General Terms and Conditions
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who does not act in the course of a profession or business and enters into a distance contract with a trader.
- Day: A calendar day.
- Long-term transaction: A distance contract that relates to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
- Durable medium: Any means that allows the consumer or trader to store information addressed to them personally in a way that enables future access and reproduction without alteration.
- Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Trader: A natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: A contract in which, as part of a system organized by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the time at which the contract is concluded.
- Techniques for distance communication: Means that can be used for concluding a contract without the consumer and trader being together in the same space simultaneously.
- General terms and conditions: The present general terms and conditions of the trader.
Article 2 - The Trader's Identity
- **STV Ecommerce**
- Enschotestraat 111-03, 5014 DD, Tilburg, Netherlands
- Email address: info@tacksi-sverige.com
- Chamber of Commerce number: 82237220
- VAT identification number: NL002406928B52
Article 3 - Applicability
These general terms and conditions apply to every offer from the trader and to every distance contract and orders between the trader and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's premises and will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions, contrary to the previous paragraph and before the distance contract is concluded, can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of a conflict between the general terms and conditions and those specific product or service terms and conditions.
If one or more provisions in these general terms and conditions at any time are wholly or partially invalid or voided, the contract and these terms and conditions will remain in effect, and the provision in question will be replaced by a provision that, as much as possible, reflects the original provision's intent by mutual agreement without delay.
Situations not regulated by these general terms and conditions will be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions should be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the trader uses images, they should be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. However, the trader cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:
- The price, excluding any customs clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services in relation to imports. This regulation applies if the goods are imported into the EU destination country, which is the case here. The postal and/or courier company will collect the VAT (whether combined with the customs clearance fee or not) from the recipient of the goods;
- Any transportation costs;
- The manner in which the agreement will be concluded and which actions are required for this;
- Whether or not the right of withdrawal is applicable;
- The method of payment, delivery, and execution of the contract;
- The period for accepting the offer, or the period within which the trader guarantees the price;
- The amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a different basis than the regular base rate for the used communication method;
- Whether the agreement will be archived after it has been concluded, and if so, how it can be accessed by the consumer;
- The manner in which the consumer can check and, if necessary, correct the information provided by them before concluding the contract;
- Any other languages besides Dutch in which the agreement can be concluded;
- The codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically;
- The minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colors, and materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and the conditions attached to it are fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within legal frameworks, investigate whether the consumer 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, based on this investigation, the trader has sound reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the implementation.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- The address of the trader's business location where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information on guarantees and existing after-sales services;
- The data referred to in Article 4.3 of these terms and conditions, unless the trader has already provided this data to the consumer before the execution of the contract;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period commences the day after the consumer or a representative designated by the consumer and the trader has received the product.
During the cooling-off period, the consumer must handle the product and packaging with care. They should only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, to the trader in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they are required to inform the trader within 14 days of receiving the product. The consumer must inform the trader in writing/via email. After the consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of posting.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not communicated their wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is a fact.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they will bear the cost of returning the products.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the trader has already received the product or conclusive proof of complete return can be
provided.
Article 8 - Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- That the trader has created according to the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- Whose price is subject to fluctuations in the financial market that the trader cannot influence;
- Individual newspapers and magazines;
- Audio and video recordings and computer software, the seal of which the consumer has broken.
- Hygiene products, the seal of which the consumer has broken.
Exclusion of the right of withdrawal is only possible for the following services:
- Accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
- That have started with the consumer's explicit consent before the expiration of the cooling-off period;
- Betting and lotteries.
Article 9 - Price
The prices of the products and/or services offered will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial markets that are beyond the trader's control. This link to fluctuations and the fact that any prices stated are target prices must be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the trader has stipulated this and:
- They are the result of statutory regulations or provisions, or
- The consumer is authorized to terminate the agreement on the day on which the price increase takes effect.
Pursuant to Section 5.1 of the 1968 Turnover Tax Act, the place of delivery is the country where transport begins. In this case, delivery takes place outside the EU. The postal or courier company will therefore charge the customer VAT and/or customs clearance costs upon import. Therefore, the trader does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period is the same as the manufacturer's warranty period. The trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or have been treated improperly;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The trader will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In case of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement product. The delivery of a replacement product will be notified clearly and understandably no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The trader will bear the cost of any return shipment.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and communicated representative, unless expressly agreed otherwise.
Article 12 - Long-term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at the end of the fixed term at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time, without being limited to termination at a specific time or during a specific period;
- At least in the same way as they were concluded;
- Always with the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, a fixed-term agreement that has been concluded for the regular delivery of daily newspapers, weeklies, or periodicals may be tacitly renewed for a fixed term of up to three months, provided that the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
A fixed-term agreement that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement concerns the regular delivery of daily, news, and weekly newspapers and periodicals, but less frequently than once a month.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and periodicals for trial purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed period would be unreasonable and unfair.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the cooling-off period referred to in Article 6.1 has commenced. In the case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.
The consumer has an obligation to immediately report any inaccuracies in payment details provided or stated to the trader.
If the consumer fails to meet their payment obligation(s) on time, the trader is entitled to charge reasonable extrajudicial collection costs, provided that the consumer has been informed of this in advance.
Article 14 - Complaints
Complaints about the execution of the agreement must be fully and clearly described and submitted to the trader within seven days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution procedures.
A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.
If the trader finds a complaint justified, the trader will, at their discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.