Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Supplementary Agreement: An agreement in which the consumer receives products related to a remote agreement, with these items, digital content, and/or services being provided by the entrepreneur or by a third party based on an arrangement between the third party and the entrepreneur.
- Cooling-Off Period: The time frame within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.
- Day: Calendar day.
- Digital Content: Data produced and delivered in digital form.
- Continuous Performance Contract: An agreement aimed at the regular delivery of goods over a specific period.
- Durable Medium: Any tool that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future consultation or use for a period aligned with the purpose for which the information is intended and allows unaltered reproduction of the stored information.
- Right of Withdrawal: The consumer’s option to withdraw from the remote agreement within the cooling-off period.
- Entrepreneur: The natural or legal person offering products to consumers remotely.
- Remote Agreement: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, using one or more means of distance communication up to and including the moment of concluding the agreement.
- Model Withdrawal Form: The European model withdrawal form included in Annex I of these conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding their order.
- Means of Distance Communication: Methods that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously in the same space.
Article 2 – Timerub Identity
Timerub
Email: info@timerub.com
KvK number: 93323697
VAT identification number: 866355054
Utrechtseweg 112B
6862AP Oosterbeek
Article 3 – Applicability
- These general terms and conditions apply to every offer from Timerub and to every remote agreement concluded between Timerub and you.
- These general terms and conditions are made available to you on www.timerub.com before you conclude the remote agreement. If this is not reasonably possible, we will indicate how you can review the general terms and conditions before concluding the remote agreement. We will send the general terms and conditions to you free of charge if you request them.
- If the remote agreement is concluded electronically, the text of these general terms and conditions can be made available to you electronically in a way that allows you to store them easily on a durable medium. If this is not possible, we will indicate how you can review the general terms and conditions electronically and that they will be sent to you electronically or otherwise free of charge upon request.
- If specific product or service conditions apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 also apply to those specific conditions. If there are conflicting general conditions, you may invoke the applicable provision that is most favorable to you.
Article 4 – The Offer
Before you conclude a purchase, we provide you with information to properly assess the offer, such as a description and images of the product that correspond to reality. You will also receive clear information about your rights and obligations, such as:
- The total price to be paid, including delivery costs;
- The way the agreement will be concluded;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, or execution of the agreement;
- The period that the price or the possibility to accept the offer will remain valid;
- The rates you must pay to contact us if different from the basic rate;
- How you can rectify input errors before the agreement is concluded;
- How you can access your stored data in accordance with GDPR.
Article 5 – The Agreement
- When you accept the offer electronically, Timerub will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Timerub, you may dissolve the agreement.
- If the agreement is concluded electronically, we will secure the exchanged data as well as the online environment and any digital payment information.
- Timerub may, within legal frameworks, investigate whether you can meet your payment obligations and other facts relevant to responsibly concluding the remote agreement.
- If Timerub has good reasons based on this investigation not to conclude the agreement, Timerub is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
- Timerub will provide you, at the latest upon delivery of the product, the following information in writing or in another durable form:
- Safety instructions (note: Timerub’s liability may be voided if you do not fully follow these instructions);
- The conditions under which and the manner in which you can use the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
- Information on guarantees and existing after-purchase services;
- The price, including all taxes, of the product, service, or digital content; the delivery costs; and the method of payment, delivery, or execution of the remote agreement;
- In the case of a continuous performance contract, the provision in the previous item only applies to the first delivery.
Article 6 – Right of Withdrawal
For Products:
- You can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. Timerub may ask for the reason for withdrawal but cannot oblige you to provide it.
- The cooling-off period mentioned in paragraph 1 starts the day after you, or a third party designated by you, who is not the carrier, has received the product.
- During the cooling-off period, you may dissolve the agreement.
- If you exercise your right of withdrawal, you will bear the cost of returning the product.
- It is not possible to return a shipment under Cash on Delivery.
- We will refund any other costs you have paid as soon as possible, but no later than 14 days from the day we receive your withdrawal notification.
- If we do not collect the product ourselves, we may wait to refund you until we have received the product.
Article 7 – Your Obligations During the Cooling-Off Period
- During the cooling-off period, you should handle the product and packaging with care. You may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that you may handle and inspect the product as you would be allowed to do in a shop.
- You are only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
- You are not liable for any diminished value of the product if Timerub did not provide you with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercising the Right of Withdrawal by the Consumer and Its Costs
- If you exercise your right of withdrawal, you must notify Timerub within the cooling-off period using the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, you must return the product or hand it over to (a representative of) Timerub. This is not required if Timerub has offered to collect the product themselves. You have complied with the return period if you return the product before the cooling-off period has expired.
- You must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and according to Timerub’s reasonable and clear instructions.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with you.
- You bear the direct costs of returning the product.
- If you exercise your right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 – Timerub’s Obligations in the Event of Withdrawal
- If Timerub makes the electronic notification of withdrawal possible, they will immediately send an acknowledgment of receipt upon receiving this notification.
- Timerub will reimburse all payments from you, including any delivery costs, within 14 days from the day of receipt of the withdrawal.
- Timerub will use the same payment method for reimbursement that you used unless you agree to a different method. The reimbursement will be free of charge for you.
Article 10 – 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.
- Contrary to the previous paragraph, Timerub may offer products or services with variable prices, subject to fluctuations in the financial market that Timerub cannot influence. This binding to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months of concluding the agreement are only allowed if they result from statutory regulations or provisions.
- Price increases from 3 months after concluding the agreement are only allowed if Timerub has stipulated this and:
- They result from statutory regulations or provisions; or
- You have the authority to terminate the agreement from the day the price increase takes effect.
- The prices mentioned in the offer of products include VAT but exclude shipping costs unless otherwise indicated.
Article 11 – Fulfillment of Agreement and Extra Guarantee
- Timerub guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing at the date of the agreement. Timerub does not guarantee that