Terms of service

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Artikel 4 - The offer
Article 5 - The agreement
Artikel 6 - Right of withdrawal
Artikel 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Artikel 16 - Additional or divergent provisions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise 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 trader;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
Sustainable data carrier: any means that enables the consumer or trader to store information addressed to them personally in a way that allows 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;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: an agreement whereby, in the context of a system organized by the trader for the remote sale of products and/or services, only one or more techniques for remote communication are used up to and including the conclusion of the agreement;
Technology for remote communication: means that can be used to conclude a contract, without the consumer and the entrepreneur having met in the same room at the same time.
General Terms and Conditions: the applicable General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Trelyz;
Bovendijk 153
3045 PD Rotterdam

Phone number: 0619327797
Email address: info@trelyz.nl
Chamber of Commerce number: 75012359
VAT identification number: NL001616743B65

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, and notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the case of conflicting general terms and conditions the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be promptly replaced by a provision that approximates the intent of the original as closely as possible, by mutual consultation.
Situations not covered by these general terms and conditions must be assessed in the 'spirit' of these general terms and conditions.
Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions shall be interpreted in the "spirit" of these general terms and conditions.

Artikel 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 entrepreneur is entitled to modify and adjust 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 make a proper assessment of the offer. If the trader 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 the trader.
All images and specification data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a faithful representation of the items offered. The seller cannot guarantee that the displayed colors exactly match the true colors of the products.
Each offer includes sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;
any potential shipping costs;
the manner in which the agreement will be formed and which actions are required for that;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period during which the trader guarantees the price;
the amount of the fee for remote communication where the costs of using the technology for remote communication are charged on a different basis than the regular base rate for the communication method used;
whether the contract is archived after its conclusion, and if so where it can be accessed by the consumer;
the manner in which the consumer can review and, if desired, correct the data he has provided in the context of the agreement before concluding the contract;
the possible other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the agreement resulting from this acceptance, the consumer may rescind the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur may — within legal frameworks — ascertain whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The trader shall provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's branch 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 notice regarding the exclusion of the right of withdrawal;
the information about warranties and existing post-purchase service;
the information listed in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.
All agreements are concluded subject to the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product with all supplied accessories and — where reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must make this notification using the model form or by another means of communication such as e‑mail. After the consumer has indicated they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of dispatch.
If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the sale is final.

Upon delivery of services:

Upon delivery of services, the consumer has the option to rescind the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they will be liable for at most the cost of return shipment.
If the consumer has paid an amount, the entrepreneur will refund that amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received by the webshop or conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
Bij beschadiging van het product door onzorgvuldige omgang door de consument zelf is de consument aansprakelijk voor eventuele waardevermindering van het product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the sales contract.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

that have been made by the entrepreneur in accordance with the consumer's specifications;
that are clearly of a personal nature;
those which by their nature cannot be returned;
that can spoil or age quickly;
waarvan de prijs is linked to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

regarding accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
where delivery has begun with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 - The price

During the validity period 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This linkage to fluctuations and the fact that any prices stated may be indicative prices are indicated in the offer.
Prijs increases within 3 months after the formation of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the formation of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

The prices listed for products or services are inclusive of 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 entrepreneur is not obliged to deliver the product at the incorrect price.

Artikel 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
Een warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The warranty does not apply if:

de consument heeft the supplied products repaired and/or modified themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are used contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
that the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

De entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when evaluating requests for the provision of services.
As the place of delivery, the address that the consumer has provided to the company shall apply.
Subject to the provisions of paragraph 4 of this article, the company will carry out accepted orders with reasonable dispatch but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated timeframes. Exceeding a timeframe does not entitle the consumer to compensation.
In the event of rescission in accordance with paragraph 3 of this article, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery it will be clearly and understandably communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return costs will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a previously designated and entrepreneur-known representative, unless explicitly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and renewal

Cancellation

The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract entered into for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to any agreed termination rules and a notice period of no more than one month.
De consument kan de in de vorige leden genoemde overeenkomsten:

terminate at any time and not be limited to termination at a specific moment or within a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Extention

A contract concluded for a fixed term that is intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
Contrary to the previous paragraph, a contract concluded for a fixed term that provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a specific period of up to three months, provided that the consumer can terminate this extended contract before the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in the event the agreement provides for the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
A limited-duration agreement for the occasional delivery of daily, news and weekly papers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically terminate at the end of the trial or introductory period.

Duration

If an agreement has a term 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 reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Voor zover not otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
The consumer is obliged to promptly report any inaccuracies in provided or listed payment details to the merchant.
In the event of the consumer's default, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader within 2 months, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a reasonably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer must first contact the entrepreneur. If the web shop is affiliated with WebwinkelKeur and the complaint cannot be resolved through mutual consultation, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), this party will mediate for free. Check whether this webstore has an active membership via https://www.webwinkelkeur.nl/ledenlijst/If no solution has been reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to be bound by this decision. Submitting a dispute to this committee involves costs that must be paid by the consumer to the committee in question.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

law exclusively governs agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Aan supplementing or otherwise deviating provisions from these general terms and conditions shall not be to the detriment of the consumer 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 data carrier.

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