TOV Essentials B.V. — EU Version
These are the General Terms and Conditions of TOV Essentials B.V. They apply whenever you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
If you are a consumer, nothing in these General Terms and Conditions limits or excludes any rights you have under the mandatory consumer protection laws of the country in which you live. Where any provision of these General Terms and Conditions conflicts with those mandatory rights, your statutory rights prevail.
1.1. TOV Essentials B.V. (“TOV Essentials”, “we”, “us”): the private limited company established in Groningen, the Netherlands, registered with the Dutch Chamber of Commerce under number 85800716.
1.2. Website: the website of TOV Essentials B.V., available at tovessentials.com and all of its subdomains.
1.3. Customer: the natural person or legal entity who enters into an Agreement with TOV Essentials B.V. and/or is registered on the Website.
1.4. Consumer: a Customer who is a natural person acting for purposes which are outside his or her trade, business, craft or profession.
1.5. Agreement: any arrangement or agreement between TOV Essentials B.V. and the Customer, of which these General Terms and Conditions form an integral part.
2.1. These General Terms and Conditions apply to all offers, Agreements and deliveries of TOV Essentials B.V.
2.2. Deviations from, or additions to, these General Terms and Conditions apply only if agreed between TOV Essentials B.V. and the Customer. Commitments, arrangements and statements made by TOV Essentials B.V. or its representatives, including those made verbally or by email, are binding on TOV Essentials B.V. without any requirement of written confirmation.
2.3. Where specific product- or service-related terms apply in addition to these General Terms and Conditions, the Customer may always invoke the provision that is most favourable to him or her in the event of any inconsistency.
3.1. All prices shown on the Website and in other materials originating from TOV Essentials B.V. include VAT and other government-imposed levies, unless stated otherwise on the Website.
3.2. If shipping costs are charged, these will be clearly stated in good time before the Agreement is concluded. They will also be displayed separately during the ordering process.
3.3. TOV Essentials reserves the right to adjust sales prices at any time as a result of daily market fluctuations in the price of gold. Price adjustments apply exclusively to future orders and are never retroactive. The price stated at the time the Customer completes an order is binding on both TOV Essentials and the Customer.
3.4. The content of the Website is composed with the greatest care. TOV Essentials B.V. is nevertheless not bound by manifest errors, such as obvious programming or typing mistakes in a price which a reasonable Customer could recognise as an error. If TOV Essentials B.V. discovers such an error after an order has been placed, it will contact the Customer as soon as possible; the Customer may then cancel the order free of charge.
3.5. Minor colour deviations may occur as a result of screen settings and display quality. This does not affect the Customer’s statutory rights in respect of conformity of the product.
4.1. The Agreement is concluded at the moment the Customer accepts the offer of TOV Essentials B.V. and meets the conditions set out with that offer.
4.2. If the Customer has accepted the offer by electronic means, TOV Essentials B.V. will confirm receipt of the acceptance by electronic means without delay. Until receipt of the acceptance has been confirmed, the Customer may terminate the Agreement.
4.3. If it transpires that the Customer provided incorrect data when accepting or otherwise entering into the Agreement, TOV Essentials B.V. is entitled to postpone performance of the Agreement until the correct data has been received.
5.1. To make optimal use of the Website, the Customer can register using the registration form or the account sign-in option on the Website.
5.2. During registration, the Customer will be asked to choose a username and password. The Customer is responsible for choosing a sufficiently secure password.
5.3. The Customer must keep his or her login credentials strictly confidential. The Customer is responsible for actions and transactions performed via his or her account to the extent that these are attributable to the Customer. The Customer is not liable for unauthorised use of the account that is not attributable to him or her, or that occurs after the Customer has notified TOV Essentials B.V. in accordance with Article 5.4.
5.4. If the Customer knows, or has reason to suspect, that his or her login details have become available to unauthorised parties, the Customer must change the password as soon as possible and/or notify TOV Essentials B.V., so that appropriate measures can be taken.
6.1. As soon as TOV Essentials B.V. has received the order, it will send the products to the Customer without undue delay, with due regard for paragraph 3 of this article.
6.2. TOV Essentials B.V. is entitled to engage third parties in the performance of its obligations under the Agreement.
6.3. In good time before the Agreement is concluded, information will be made available on the Website clearly describing the manner in which, and the term within which, the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered no later than 30 days after the order.
6.4. If TOV Essentials B.V. is unable to deliver the products within the agreed term, it will notify the Customer. In that case, the Customer may either agree to a new delivery date or terminate the Agreement free of charge, in which case any amounts already paid will be refunded without undue delay.
6.5. TOV Essentials B.V. recommends that the Customer inspects the products upon delivery. The Customer’s statutory rights in respect of non-conformity remain fully unaffected and apply regardless of whether, and when, the Customer reports a defect.
6.6. The risk associated with the products passes to the Customer as soon as the Customer, or a third party designated by the Customer (other than the carrier), has acquired physical possession of the products at the agreed delivery address.
6.7. If an ordered product can no longer be supplied, TOV Essentials B.V. will contact the Customer. The Customer may then choose to wait for delivery, to terminate the Agreement free of charge, or, entirely voluntarily, to accept an alternative product offered by TOV Essentials B.V. If the Customer terminates the Agreement, any payments already made will be refunded without undue delay, and any product already delivered may be returned free of charge.
7.1. This article applies only if the Customer is a Consumer. Business Customers have no right of withdrawal under this article.
7.2. The Customer has the right to withdraw from the distance Agreement with TOV Essentials B.V. within 30 days after receiving the product, free of charge and without stating reasons. This voluntarily extends the statutory minimum withdrawal period of 14 days.
7.3. The withdrawal period starts on the day after the product was received by the Customer, or by a third party designated by the Customer who is not the carrier, or:
7.4. Only the direct costs of the return shipment are borne by the Customer. Standard shipping costs paid by the Customer and the purchase price paid for the product will be refunded if the entire order is returned; if only part of the order is returned, the purchase price of the returned products will be refunded.
7.5. During the withdrawal period, the Customer will handle the product and its packaging with care. The Customer may inspect the product in the same way he or she would be able to do in a shop, in order to establish the nature, characteristics and functioning of the product.
7.6. The Customer is only liable for any diminished value of the product resulting from handling that goes beyond what is necessary to establish its nature, characteristics and functioning.
7.7. The Customer can withdraw from the Agreement by notifying TOV Essentials B.V. (digitally or in another form) within the withdrawal period, using the model withdrawal form or in another unequivocal manner. If TOV Essentials B.V. enables the Customer to declare the withdrawal electronically, TOV Essentials B.V. will send a confirmation of receipt without delay after receiving such a declaration.
7.8. As soon as possible, and no later than 14 days after the day of the notification referred to in Article 7.7, the Customer shall return the product or hand it over to (a representative of) TOV Essentials B.V. The Customer may also return the product directly within the withdrawal period without prior notice of withdrawal, provided that a written notice of withdrawal, such as the model form, is enclosed. Products can be returned to: Duinkerkenstraat 40, 9723 BT Groningen, the Netherlands.
7.9. Any amounts already paid by the Customer will be refunded as soon as possible, and in any event within 14 days after withdrawal from the Agreement, using the same means of payment the Customer used, unless the Customer expressly agrees otherwise. If the Customer chose a more expensive method of delivery than the cheapest standard delivery, TOV Essentials B.V. is not obliged to refund the additional costs of the more expensive method. TOV Essentials B.V. may withhold the refund until it has received the product back, or until the Customer has supplied evidence of having sent the product back, whichever occurs first, unless TOV Essentials B.V. has offered to collect the product itself.
7.10. Information about the applicability or non-applicability of the right of withdrawal, and any required procedure, will be published clearly on the Website, in good time before the Agreement is concluded.
8.1. The Customer shall pay the amounts due to TOV Essentials B.V. in accordance with the ordering procedure and the payment methods indicated on the Website. The payment methods offered at the time of ordering apply to that order; any changes to the available payment methods apply only to future orders. In the case of payment after delivery, the Customer is given a payment term of 14 days, starting on the day after delivery.
9.1. This article applies only if the Customer is a Consumer. If TOV Essentials B.V. grants a separate commercial warranty on the products, that warranty applies, without prejudice to the foregoing, to all types of Customers in accordance with its terms.
9.2. TOV Essentials B.V. warrants that the products conform to the Agreement, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions and government regulations in force on the date the Agreement was concluded. If specifically agreed, TOV Essentials B.V. also warrants that the product is suitable for use other than normal use.
9.3. If a delivered product does not conform to the Agreement, the Consumer is entitled to the remedies provided by the mandatory law of his or her country of residence, including repair, replacement, an appropriate price reduction or termination of the Agreement, free of charge. The statutory conformity period is at least two years from delivery; where the law of the Consumer’s country of residence provides for a longer period or more extensive rights, that longer period or those rights apply.
9.4. The Consumer’s statutory rights are not conditional upon the Consumer notifying TOV Essentials B.V. of a defect within any particular period. Reporting a defect promptly is welcomed, as it enables faster resolution, but late notification never reduces or excludes the Consumer’s statutory rights.
9.5. Any additional commercial warranty offered by TOV Essentials B.V., the manufacturer or the importer never affects the statutory rights and claims that the Consumer may enforce under the Agreement and applicable law.
10.1. Nothing in these General Terms and Conditions excludes or limits the liability of TOV Essentials B.V. for: (a) death or personal injury; (b) damage caused by intent or gross negligence of TOV Essentials B.V. or its senior management; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under applicable mandatory law, including liability under product liability legislation.
10.2. Subject to Article 10.1, and in respect of Customers who are not Consumers, the liability of TOV Essentials B.V. for damage caused by slight negligence is limited to the foreseeable damage that is typical for this type of Agreement, up to a maximum of the purchase price paid for the product concerned.
10.3. In respect of Consumers, the statutory rules on liability of the country of the Consumer’s habitual residence remain unaffected.
11.1. If the Customer has a complaint about a product or about any other aspect of the service of TOV Essentials B.V., the complaint can be submitted by telephone, by email or by post, using the contact details at the end of these General Terms and Conditions.
11.2. TOV Essentials B.V. will respond to the complaint as soon as possible, and in any event within 14 days of receipt. If TOV Essentials B.V. is not able to give a substantive response within that period, it will confirm receipt within 14 days and indicate the term within which a substantive or final response can be expected.
11.3. If the Customer is a Consumer, he or she may also submit the dispute to a competent consumer alternative dispute resolution body in his or her country of residence. An overview of dispute resolution bodies in the EU Member States is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.
12.1. TOV Essentials B.V. processes the Customer’s personal data in accordance with its privacy statement, available at tovessentials.com/privacy.
13.1. The Agreement is governed by Dutch law. If the Customer is a Consumer, this choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has his or her habitual residence (Article 6 of Regulation (EC) No 593/2008, “Rome I”). The Consumer can therefore always rely on the mandatory consumer protection rules of his or her own country.
13.2. A Consumer may bring proceedings against TOV Essentials B.V. either before the courts of the EU Member State in which the Consumer is domiciled, or before the competent Dutch courts. TOV Essentials B.V. will bring proceedings against a Consumer only before the courts of the Member State in which the Consumer is domiciled, in accordance with Article 18(2) of Regulation (EU) No 1215/2012 (“Brussels I bis”).
13.3. If any provision of these General Terms and Conditions proves to be invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision is replaced by the applicable statutory provision.
13.4. The term “written” or “in writing” in these General Terms and Conditions also includes communication by email, provided that the identity of the sender and the integrity of the message are sufficiently established. A requirement of written form is never a condition for the validity of commitments made by TOV Essentials B.V. towards the Customer (see Article 2.2).
If you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
TOV Essentials B.V.
Duinkerkenstraat 40, 9723 BT Groningen, the Netherlands
Tel.: 0031 (0)85 303 96 91
Email: service@tovessentials.com
Chamber of Commerce: 85800716
VAT: NL863746640B01
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