Terms and Conditions of Trukado, located in Amersfoort, The Netherlands Version 1.0 valid from August 10, 2013 1. General 1.1 These terms and conditions apply to all Trukado offers. The terms are accessible to everyone and recorded on Trukado's internet site. On request we will send you a written copy. 1.2 By placing an order, you will know that you agree with the delivery and payment terms. Trukado reserves the right to change its delivery and / or payment terms after the expiration of the term. 1.3 Unless otherwise agreed in writing, the general or specific terms or terms of third parties are not recognized by Trukado. 1.4 Trukado warrants that the delivered product complies with the agreement and complies with the specifications specified. 2. Delivery 2.1 Delivery takes place while stocks last. 2.2 Within the framework of the remote purchase rules, Trukado will make orders within at least 5 days. If this is not possible (because the order is not in stock or is no longer available), or if there is delay for other reasons, or an order can not be or only partially, the consumer will receive within 1 day after placing the Order message and in that case he has the right to cancel the order without charge and notice. 2.3 The delivery obligation of Trukado will be fulfilled, except in case of counter-notification, as soon as the goods delivered by Trukado have been offered to the customer once. In the case of delivery at home, the carrier's report, including the refusal of acceptance, extends to full proof of supply to delivery. 2.4 All terms stated on the internet site are indicative. Consequently, no rights can be derived from the aforementioned periods.
3. Prices 3.1 Prices are not increased within the term of the offer unless legal measures make this necessary or if the manufacturer makes 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 pressure and error errors. 3.3 All prices on the site are in Euros and include 21% VAT. 4. Deadline / withdrawal right 4.1 If there is a consumer purchase, in accordance with the Distance Sales Act (Article 7: 5 of the Dutch Civil Code), the customer has the right to return the goods (part of) the goods delivered within a period of 7 working days without giving reason. This period begins at the time the ordered items have been delivered. If the customer has not returned to Trukado after the expiry of this period, the purchase is a fact. The customer is obliged to report to Trukado within 10 working days after delivery before returning. The customer must prove that the goods delivered have been returned in time, for example by post delivery proof. Return of the goods must be done in the original packaging (including accessories and accompanying documentation) and in new state. If the goods have been used by the buyer, have been damaged or in any way damaged, the right to dissolve within the meaning of this paragraph shall expire. Trukado will ensure that within 30 days of receiving the return shipment, the full purchase amount including the calculated shipping costs is refunded to the customer. 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, relates only to the delivered 4.3 The right of withdrawal does not apply to: · Services whose implementation, with the agreement of the consumer, has begun for the ten-day period · Goods that are manufactured according to consumer specifications, for example custom made, or which have a clear personal character · For goods or services that can not be returned by their nature, for example i.v.m. Hygiene or spoilage or aging
6.4 If Trukado's complaints are found to be well-founded by Trukado, Trukado will, at its discretion or delivered items, replace the customer with a written settlement of compensation, with the understanding that the liability of Trukado and, consequently, the amount of damages Is limited to the amount of the invoice in question or, at the option of Trukado, to the maximum amount covered by the liability insurance of Trukado in the case in question. Any liability of Trukado for any other form of damage is excluded, including additional damages in any form, compensation for indirect damage or consequential damages or damage due to loss of profits. 6.5 Trukado is not liable for damage caused by intentional or similarly reckless recklessness of non-executive personnel. 6.6 This warranty does not apply if: A) and as long as the customer is in default of Trukado; B) the customer has prepared and / or edited the goods delivered or has been repaired or edited by third parties. C) the goods delivered have been exposed to or otherwise treated with care or have been treated in accordance with the instructions of Trukado and / or instructions for use on the packaging; D) the invalidity is wholly or partly the result of regulations or statements made by the government as to the nature or quality of the materials used; 7. Offers 7.1 Offers are free of charge, unless stated otherwise. 7.2 Upon acceptance of a non-binding offer by Buyer, Trukado reserves the right to revoke or waive the Offer within 3 working days of receipt of such acceptance. 7.3 Oral commitments will only bind Trukado after it has been confirmed in writing and in writing. 7.4 Trukado offers do not automatically apply for rescheduling. 7.5 Trukado can not be held to its offer if the customer had to understand that the offer, or any part thereof, contained a manifest error or write-off.
7.6 Supplements, amendments and / or further arrangements are only valid if agreed in writing. 8. Agreement 8.1 An agreement between Trukado and a customer is established after an order has been assessed by Trukado on feasibility. 8.2 Trukado reserves the right not to accept or accept only orders or orders without the condition that the shipment is made after payment. 9. Images and specifications 9.1 All images; Pictures, drawings etc .; Including data on weights, dimensions, colors, images of labels, etc. on the Trukado Internet site are only approximate, are indicative and can not give rise to compensation or termination of the agreement. 10. Force majeure 10.1 Trukado is not liable if and insofar as its commitments can not be met as a result of force majeure. 10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at risk to her. Delay in or malfunctioning by our suppliers, Internet malfunctions, malfunctions in the electricity, malfunctions in email traffic and malfunctions or changes in third party technology, transport difficulties, workstations, government measures, delay in landing, supplier failures, and / Or Trukado manufacturers, as well as auxiliary personnel, staff illness, defects in auxiliary or transport equipment are expressly considered as force majeure. 10.3 Trukado 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 claim that the content of the agreement is amended in such a way that execution remains possible. In no case is Trukado obliged to pay any penalty or damages. 10.4 If Trukado has already partially fulfilled its obligations or has been able to fulfill its obligations only partially, it is entitled to invoice the delivered or separately delivered item and the customer is obliged to comply with this invoice as per the A separate contract. However, this does not apply if the already delivered or available portion has no independent value. 11. Liability 11.1 Trukado is not liable for damage caused to vehicles or other objects resulting from improper 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 Trukado sold and delivered goods to Trukado remains with Trukado as long as the customer has not fulfilled Trukado's claims under the agreement or prior or subsequent similar agreements as long as the customer performs the work done or still to be performed from this Or similar agreements have not yet been fulfilled and as long as the customer has not yet fulfilled Trukado's claims for failure to comply with such commitments, including fines, interest rates and charges as set out in Article 3: 92 BW. 12.2 The goods delivered by Trukado which are subject to the retention of title may only be resold in the ordinary course of business and shall never be used as a means of payment. 12.3 The Customer is not authorized to object to or subject to any other objection to the matters under title. 12.4 The customer already gives unconditional and irrevocable consent to Trukado or a third party appointed by Trukado, in all cases where Trukado wishes to exercise its proprietary rights, to enter all those places where its property will be located and to deal with it take. 12.5 If third parties attach confiscation to the goods delivered or to be entitled to settle or apply rights thereon, the buyer is obliged to notify Trukado as soon as reasonably expected. 12.6 The customer undertakes to ensure the goods delivered under title reservation and to be insured against fire, explosion and water damage as well as theft and policy of this insurance at the first request for access to Trukado. 13. Applicable law / competent court 13.1 All agreements are governed by Dutch law. 13.2 Disputes arising from an agreement between Trukado and Buyer, which can not be resolved by mutual agreement, the competent court shall notify, in the Utrecht district, unless Trukado is preferred to give a difference to the competent court of the domicile of the Subject to such disputes as belong to the jurisdiction of the district court judge.