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TaptoConnect Terms and Conditions

 

Table of contents:

Article 1 - Definitions

Article 2 - Identity of TaptoConnect

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of revocation

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

For the purposes of these terms and conditions:

 

  1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with TaptoConnect;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model revocation form: the model revocation form that TaptoConnect makes available that a consumer can fill in when he wants to exercise his right of revocation.
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: an agreement whereby, within the framework of a system organized by TaptoCon-nect for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur simultaneously in the same room have come together.
  11. General Terms and Conditions: these General Terms and Conditions of TaptoConnect.

 

Article 2 - TaptoConnect

 

Business address: Munstraat 18 Tegelen

Telephone number: +31 6 21620641

E-mail address: info@taptoconnect.nl

Chamber of Commerce number: 77661850

VAT identification number: 861085966

 

 

Article 3 - Applicability

  1. These terms and conditions apply to any offer of TaptoConnect and any distance contract and orders between TaptoConnect and consumers.
  2. Before the 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be viewed at TaptoConnect and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
  4. If one or more provisions of these terms and conditions at any time in whole or in part null and void or nullified, then the contract and these terms and conditions for the rest remain in force and will be replaced by a provision in mutual consultation immediately by a provision that approximates the purport of the original as closely as possible.
  5. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  6. 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. TaptoConnect is entitled to change and modify 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 a proper assessment of the offer by the consumer. If TaptoConnect uses images, these are a true representation of the products and / or services offered. Obvious mistakes or apparent errors in the offer do not bind TaptoConnect.
  4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown correspond exactly with the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

special:

- the price including taxes;

- any shipping costs;

- the manner in which the agreement will be concluded and what actions are required for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and performance of the contract;

- the period for acceptance of the offer, or the period within which Tapto-Connect guarantees the price;

- whether the agreement is archived after the conclusion, and if so at which we- she can be consulted by the consumer;

- the way in which the consumer, before the conclusion of the agreement, the data provided by him under the agreement can be checked and if you wish to repair;

- any other languages in which, in addition to Dutch, the agreement can be concluded;

- available sizes, colours and specifications;

- the codes of conduct to which TaptoConnect is subject and the way in which the consumer can consult these codes of conduct electronically; and

- the minimum duration of the distance contract in the case of an endurance transaction.

 

 

 

Article 5 - The Agreement

  1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, TaptoConnect will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by TaptoConnect, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, TaptoConnect will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, TaptoConnect will observe appropriate security measures.
  4. TaptoConnect may - within legal frameworks - inform itself whether the consumer can fulfill 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, TaptoConnect has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.
  5. TaptoConnect will accompany the product or service to the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the visiting address of the TaptoConnect establishment to which the consumer can turn with complaints;
  7. the conditions under which and the manner in which the Consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the data included in article 4 paragraph 3 of these terms and conditions, unless TaptoConnect has already provided these data to the Consumer prior to the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and disclosed to TaptoConnect.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to TaptoConnect, in accordance with the reasonable and clear instructions provided by TaptoConnect.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify TaptoConnect 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 known to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to TaptoConnect, the purchase is a fact.

In case of delivery of services:

  1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for a period of at least 14 days, commencing on the day of entering into the agreement.
  2. In order to exercise his right of withdrawal, the consumer will refer to the reasonable and clear instructions provided by Tap-toConnect 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 his right of withdrawal, he shall bear at most the costs of returning the goods.
  2. If the consumer has paid an amount, TaptoConnect will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is on the condition that the product has already been received back by TaptoConnect or conclusive proof of complete return can be provided.

 

Article 8 - vacant

 

 

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 due to changes in VAT rates.
  2. Price increases from 3 months after the conclusion of the agreement are only permitted if TaptoConnect has stipulated this and:
  3. they are the result of statutory regulations or provisions; or
  4. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, TaptoConnect is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

  1. TaptoConnect guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the agreement. If agreed, TaptoConnect also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by TaptoConnect, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against TaptoCon-nect under the agreement.
  3. Any defects or incorrectly delivered products must be reported to TaptoConnect in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  4. TaptoConnect's warranty period corresponds to the manufacturer's warranty period. However, TaptoConnect 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.
  5. The warranty does not apply if:

- The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

- The products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to Tapto-Connect's instructions and/or have been treated on the packaging;

- The defects are wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  1. TaptoConnect will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, TaptoConnect will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery delay does not occur, or if an order cannot or only partially be carried out, the consumer will be informed of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
  5. In case of termination in accordance with paragraph 3 of this article, TaptoConnect will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination.
  6. If delivery of an ordered product turns out to be impossible, TaptoConnect will make every effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return will be borne by TaptoConnect.
  7. The risk of damage and/or loss of products rests with TaptoConnect until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination and prolongation (if you want to offer long term tracking)

 

Termination

  1. The consumer may conclude a contract of indefinite duration

 

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report any inaccuracies in the payment details provided or stated to TaptoConnect without delay.
  3. In case of non-payment by the consumer, TaptoConnect has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

  1. TaptoConnect has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to TaptoConnect completely and clearly described within 7 days after the consumer has dated the defects.
  3. Complaints submitted to TaptoConnect will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, TaptoConnect will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to dispute resolution.
  5. In case of complaints, a consumer should first turn to TaptoConnect. If the web shop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If there is not yet a solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the verdict is binding and both entrepreneur and consumer agree to this binding decision. At the submission of a dispute to this dispute committee are costs verbon-den by the consumer to be paid to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of TaptoConnect, unless TaptoConnect indicates otherwise in writing.
  7. If a complaint is found to be justified by TaptoConnect, TaptoConnect will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. Agreements between TaptoConnect and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.