General Terms and Conditions
Terms and Conditions
- Tiszi : Tiszi VOF, established in Egmond aan Zee under KvK no. 88503232.
- Customer: the one with whom Tiszi has entered into an agreement with.
- Parties: Tiszi and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Tiszi.
- The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices that Tiszi are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- All prices that Tiszi uses for its products, on its website or otherwise made known, can Tiszi change at any time.
- Increases in the cost prices of products or parts thereof, which Tiszi could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment term
- Tiszi may, upon entering into the agreement, require a down payment of up to 50% of the agreed amount.
- The costumer has 7 days to pay the order.
- Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Tiszi the customer has to send a reminder or declare it in default.
- Tiszi reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
If the customer does not pay on time, Tiszi suspend its obligations until the customer has fulfilled his payment obligation.
Right of withdrawal
1. A customer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product specially tailored or modified for the customer
2. The cooling-off period of 14 days commences on the day after the customer has received the last product or part of 1 order.
3. The customer can make his appeal to the right of withdrawal via email@example.com.
4. The customer is obliged to return the product within 14 days after expressing his right of withdrawal to Tiszi, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
The customer acknowledges that they will only receive back the value of the returned item, not the postage costs
Reimbursement of return costs
If the customer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the customer.
Right of suspension
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- Tiszi can invoke its right of retention and in that case keep products of the customer until the customer has settled all outstanding accounts with regard to Tiszi has paid.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments Tiszi.
- Tiszi is never liable for any damage that the customer may suffer as a result of using his right of retention.
Retention of title
- Tiszi remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations with regard to Tiszi on the basis of what for Tiszi any contract entered into, including claims for failure to perform.
- Until then you can Tiszi invoke his retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
- In the event that Tiszi invokes his retention of title, the agreement is deemed to have been dissolved and has Tiszi the right to claim damages, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, Tiszi the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is creditor default, with the result that the customer cannot pay for a late delivery. Tiszi can object.
- The door Tiszi specified delivery times are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from Tiszi and the order was paid.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Tiszi cannot deliver within 14 days after receiving a written demand to do so or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by she/him can take place in time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarding agent or delivery person before receiving the product, failing which Tiszi cannot be held liable for any damage.
- If the customer arranges for the transport of a product her/himself, she/he must report any visible damage to the products or the packaging prior to the transport to Tiszi, failing which Tiszi cannot be held liable for any damage.
- If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
- The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.
- Exchanging purchased items is only possible if the following conditions are met:
- exchange takes place inside 7 days after purchase against presentation of the original invoice
- the product is returned in its original state and the product has not yet been used
- Discounted items, custom-made items or items specially adapted for the customer and costum orderd cannot be exchanged.
The customer indemnifies Tiszi against all claims of third parties related to the by Tiszi delivered products and/or services.
- The customer submits a door Tiszi to examine the delivered product or service as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer is obliged to contact Tiszi as soon as possible, but in any case within 1 week after the discovery of the shortcomings.
- The customer provides a description of the shortcoming that is as detailed as possible, so that Tiszi is able to respond appropriately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to that Tiszi may be required to perform other work than has been agreed.
Notice of default
- The customer must notify notice of default in writing to Tiszi.
- It is the responsibility of the customer that a notice of default Tiszi actually achieved (on time).
Joint and several liability customer
If Tiszi enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they pay under that agreement Tiszi to owe.
- Tiszi is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- In the event that Tiszi is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
- Tiszi is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- In the event that Tiszi is liable, this liability is limited to the (part of the) invoice amount to which the liability relates has.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Tiszi in any case expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement when Tiszi imputably fails to fulfill its obligations, unless this shortcoming does not justify dissolution in view of its special nature or minor significance.
- Is the fulfillment of the obligations by Tiszi not permanent or temporarily impossible, dissolution can only take place after Tiszi is in default.
- Tiszi has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Tiszi has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
Change of the agreement
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of general terms and conditions
- Tiszi is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes Tiszi discuss with the customer as much as possible in advance.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Customer’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Tiszi.
- This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what is Tiszi had in mind when drafting the conditions on that point.
Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- The Dutch court in the district where Tiszi is established/ has a practice/ has an office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise
Drawn up 31 december 2022.