Terms and Conditions
Name: Tomatenzaadjes.nl / Edranza B.V.
Adsress: De Tongelreep 105
5684 PZ Best (NL) (geen afhaal of bezoekadres)
return address: Postbus 348, 5680 AH Best (NL)
General Terms and Conditions of Tomatenzaadjes.nl
1.1 These general terms and conditions apply to all offers from Tomatenzaadjes.nl. The conditions are accessible to everyone and included on the website of Tomatenzaadjes.nl. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Tomatenzaadjes.nl reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Tomatenzaadjes.nl.
1.4 Tomatenzaadjes.nl guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, Tomatenzaadjes.nl will execute orders within 14 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order. order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Tomatenzaadjes.nl will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Tomatenzaadjes.nl have been offered to the customer once. For home delivery, the carrier’s report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EURO’s and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to Tomatenzaadjes.nl after this period has expired, the purchase is a fact. Before proceeding to return the customer, the customer is obliged to notify Tomatenzaadjes.nl in writing within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been determined in the previous sentence, Tomatenzaadjes.nl will ensure that the full purchase amount, excluding the calculated shipping costs, is refunded to the customer within 14 days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services provided by Tomatenzaadjes.nl.
4.3 The right of withdrawal does not apply to:
- services whose performance, with the consent of the consumer, has started for the period of seven working days
- goods or services whose price depends on fluctuations in the financial market, on which the supplier has no influence
- goods that are manufactured according to the consumer’s specifications, for example custom work, or that have a clearly personal character
- for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly
- Delivered materials of which the consumer has broken the seal
5. Data management
5.2 Tomatenzaadjes.nl respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
5.3 Tomatenzaadjes.nl in some cases uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6.1 Tomatenzaadjes.nl guarantees that the products supplied by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer’s warranty of the product delivered to you.
6.2 The warranty period of Tomatenzaadjes.nl corresponds to the factory warranty period. However, Tomatenzaadjes.nl is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to Tomatenzaadjes.nl) must immediately report these defects in writing to Tomatenzaadjes.nl. Any defects or incorrectly delivered goods must and can be reported in writing to Tomatenzaadjes.nl no later than 2 weeks after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by Tomatenzaadjes.nl, Tomatenzaadjes.nl will, at its discretion, either replace the goods delivered free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of Tomatenzaadjes.nl if the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the discretion of Tomatenzaadjes.nl) to the maximum amount covered by the liability insurance of Tomatenzaadjes.nl in the relevant case. Any liability of Tomatenzaadjes.nl for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
6.5 Tomatenzaadjes.nl is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards Tomatenzaadjes.nl; B) the customer has repaired and / or processed the delivered goods himself or has them repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated contrary to the instructions of Tomatenzaadjes.nl and / or instructions for use; D) the defect is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Tomatenzaadjes.nl reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Tomatenzaadjes.nl after they have been explicitly confirmed in writing.
7.4 Offers from Tomatenzaadjes.nl do not automatically apply to repeat orders.
7.5 Tomatenzaadjes.nl cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Tomatenzaadjes.nl and a customer is established after an order assignment by Tomatenzaadjes.nl has been assessed for feasibility.
8.2 Tomatenzaadjes.nl reserves the right not to accept orders or assignments without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc .; Among other things, data concerning weights, dimensions, colors, images of labels, etc. on the website of Tomatenzaadjes.nl are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Tomatenzaadjes.nl is not liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Tomatenzaadjes.nl as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 Tomatenzaadjes.nl reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Tomatenzaadjes.nl obliged to pay any fine or compensation.
10.4 If Tomatenzaadjes.nl has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Tomatenzaadjes.nl is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Tomatenzaadjes.nl to the customer remains with Tomatenzaadjes.nl as long as the customer has not paid the claims of Tomatenzaadjes.nl under the agreement or earlier or later similar agreements, as long as the customer has carried out or work still to be performed from this or similar agreements has not yet paid and as long as the customer has not yet paid the claims of Tomatenzaadjes.nl due to failure to comply with such obligations, including claims with regard to fines, interest and costs, a and other as referred to in Article 3:92 BW.
12.2 The goods delivered by Tomatenzaadjes.nl that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber in any other way the goods falling under the retention of title.
12.4 The customer gives unconditional and irrevocable permission to Tomatenzaadjes.nl or a third party to be appointed by Tomatenzaadjes.nl to enter all those places where its properties will be located in all cases in which Tomatenzaadjes.nl wishes to exercise its property rights. and to take those things there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Tomatenzaadjes.nl of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Tomatenzaadjes.nl on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Tomatenzaadjes.nl and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court in the district of Eindhoven, unless Tomatenzaadjes.nl prefers the difference to the competent court of subject the buyer’s domicile, and with the exception of those disputes that fall within the competence of the subdistrict court.