General terms and conditions

article 1 - Definitions

In these terms and conditions, the following is understood:

1. Cooling-off periodThe period within which the purchasing party can exercise its right of withdrawal.
2. ConsumerThe natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
3. Daycalendar day
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
5. Durable data carrier;: any means that enables the purchasing party or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawalthe possibility for the purchasing party to withdraw from the distance contract within the consideration period;
7. Model formthe model form for withdrawal provided by the entrepreneur that the purchasing party can complete when he wishes to exercise his right of withdrawal.
8. Entrepreneurthe natural or legal person who offers products and/or services at a distance to purchasing parties.
9. Distance contractan agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusively one or more techniques for remote communication are used up to the conclusion of the agreement.
10. Technique for remote communicationmeans that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together simultaneously in the same space.
11. Terms and Conditionsthese General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Traditech B.V. / Tralert
Ratio 39
6921 RW Duiven
T: 0316 372 346
E-mailadres: info@tralert.nl
KvK-nummer: 24383216
Btw-identificatienummer: NL8149.08.226.B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the purchasing party.
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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's and will be sent to the purchasing party free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the purchasing party electronically in such a way that it can be easily stored by the purchasing party on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically accessed and that they will be sent to the purchasing party free of charge electronically or by other means upon request.
4. 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 apply mutatis mutandis, and the purchasing party can, in case of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are null and void in whole or in part at any time or are annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced promptly by mutual agreement with a provision that approximates the purport of the original as much as possible.
6. Situations not governed by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt 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 the purchasing party to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains information in such a way that it is clear to the purchasing party what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
   • the price excluding taxes;
   • the possible shipping costs;
   • the manner in which the agreement will be concluded and which actions are necessary for that;
   • the applicability or not 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 within which the entrepreneur guarantees the price;
   • the amount of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication tool used;
   • whether the agreement is archived after its conclusion, and if so, in what manner it can be consulted by the purchasing party;
   • the way in which the purchasing party, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
   • the possible other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has submitted 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 a durable transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the purchasing party of the offer and compliance with the conditions stated therein.
2. If the purchasing party has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the purchasing party can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the purchasing party can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur can – within legal frameworks – inquire whether the purchasing party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will include the following information with the product or service to the purchasing party, either in writing or in such a way that it can be stored by the purchasing party on a durable data carrier in an accessible manner:
   1. the visiting address of the establishment of the entrepreneur where the purchasing party can address complaints;
   2. the conditions under which and the manner in which the purchasing party can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   3. information about warranties and existing post-purchase services;
   4. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the purchasing party before the execution of the agreement;
   5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. In the case of a durable transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of withdrawal

In case of delivery of products:

1. In the purchase of products, the purchasing party has the option to terminate the agreement without stating reasons within 14 days. This cooling-off period starts the day after the product is received by the purchasing party or a representative designated in advance by the purchasing party and made known to the entrepreneur.
2. During the cooling-off period, the purchasing party will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the purchasing party wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made by the purchasing party using the model form. After the purchasing party has indicated that they want to exercise their right of withdrawal, the customer must return the product within 14 days. The purchasing party must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
4. If the customer has not notified the intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

In case of the provision of services:

1. In case of the provision of services, the purchasing party has the option to terminate the agreement without stating reasons for at least 14 days, starting from the day of entering into the agreement.
2. To exercise their right of withdrawal, the purchasing party will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.

Article 7 – Costs in case of withdrawal

1. If the purchasing party exercises their right of withdrawal, at most, the costs of return shipping are borne by them.
2. If the purchasing party has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the right of withdrawal for the purchasing party 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, at least in a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been created by the entrepreneur in accordance with the consumer's specifications;
   2. that are clearly of a personal nature;
   3. that, by their nature, cannot be returned;
   4. that can quickly spoil or age;
   5. whose price is linked to fluctuations in the financial market over which the entrepreneur has no control;
   6. for loose newspapers and magazines;
   7. for audio and video recordings and computer software whose sealing has been broken by the purchasing party.
   8. for hygiene products whose sealing has been broken by the purchasing party.
3. Exclusion of the right of withdrawal is only possible for services:
   1. related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   2. for which the delivery has started with the explicit consent of the purchasing party before the withdrawal period has expired;
   3. related to bets and lotteries.

Article 9 – The price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices, the prices of which are tied to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   1. they are the result of legal regulations or provisions; or
   2. the purchasing party has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days of delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the purchasing party, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The purchasing party 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 otherwise handled negligently or contrary to the instructions of the entrepreneur and/or those indicated on the packaging;
   • The defectiveness is wholly or partially 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

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the purchasing party has provided to the company.
3. In accordance with what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed, or only partially, the purchasing party will be notified of this no later than 30 days after placing the order. In such a case, the purchasing party has the right to dissolve the agreement at no cost.
4. In case of dissolution in accordance with the previous clause, the entrepreneur will refund the amount paid by the purchasing party as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the purchasing party or a representative designated and made known to the entrepreneur in advance, unless expressly agreed otherwise.

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

Termination

1. The buying party can terminate an agreement entered into for an indefinite period and which pertains to the regular delivery of products (including electricity) or services at any time, observing the agreed-upon termination rules and a notice period of up to one month.
2. The buying party can terminate an agreement entered into for a specified period and which pertains to the regular delivery of products (including electricity) or services at any time by the end of the specified duration, observing the agreed-upon termination rules and a notice period of up to one month.
3. The buying party can terminate the agreements mentioned in the preceding paragraphs:
   • terminate at any time and not be limited to termination at a specific time or during a specific period;
   • at least terminate in the same manner as they were entered into by them;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a specified period and which pertains to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration.
2. Notwithstanding the preceding paragraph, an agreement entered into for a specified period and which pertains to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified duration of up to three months, provided that the buying party can terminate this extended agreement at the end of the extension with a notice period of up to one month.
3. An agreement entered into for a specified period and which pertains to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the buying party can terminate at any time with a notice period of up to one month and a notice period of up to three months in case the agreement pertains to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends upon the expiration of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the buying party may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed-upon duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts due from the buying party must be paid within 7 working days after the start of the reconsideration period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the buying party has received confirmation of the agreement.
2. The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of default by the buying party, the entrepreneur has, subject to legal limitations, the right to charge the reasonable costs communicated to the buying party in advance.

Article 14 - Complaints Procedure

1. The entrepreneur 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 the entrepreneur within 7 days, fully and clearly described, after the buying party has observed the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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 response.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to dispute resolution.
5. Complaints that cannot be resolved through mutual consultation should be addressed by the buying party to the WebwinkelKeur Foundation. (www.webwinkelkeur.nl), this organization will mediate for free. If a resolution is still not reached, the buying party has the option to have their complaint handled by the GeschilOnline Foundation; the ruling of which is binding, and both the entrepreneur and buying party agree to this binding decision. There are costs associated with submitting a dispute to this arbitration committee, which must be paid by the buying party to the relevant committee.
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. For agreements between the entrepreneur and the buying party to which these general terms and conditions apply, only Dutch law applies, even if the buying party resides abroad.
2. The Vienna Sales Convention is not applicable.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions must not be to the detriment of the buying party and must be recorded in writing or in such a way that the buying party can store them in an accessible manner on a durable data carrier.