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Terms & Conditions

Index
Article 1: Definitions
Article 2: Identity
Article 3: Applicability
Article 4: Offers and price indications
Article 5: Agreement
Article 6: Long-distance purchasing and right of withdrawal
Article 7: Payment
Article 8: Date of delivery
Article 9: Claims
Article 10: Warranty
Article 11: Liability
Article 12: Force majeure
Article 13: Retention of title
Article 14: Dissolution
Article 15: Applicable law and competent court

Article 1: Definitions
In these General Terms and Conditions will be understood as:
1. Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are being delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur
2. Cooling off period: the period within which the consumer can make use of his right of withdrawal
3. Right of withdrawal: the possibility of the consumer to abstain within the cooling off period from the distance agreement
4. Model form for withdrawal: the European model form for withdrawal included in Exhibit I of these General Terms and Conditions

Article 2: Identity
1. Name: Tgroup/Touch of Arrogance
2. Trading under the name of: Touch of Arrogance
3. Seat of business:
Warandelaan 52
5707CV Helmond
Netherlands
4. Contacting via:
email: info@touch-of-arrogance.com
phone: +31 40 4020858
mobile: +31 (0)6 41905136
5. Chamber of Commerce nr: NL17120497
6. VAT nr: NL0803.30.423.B.01

Article 3: Applicability
1. These Terms are an integral part of all Offers and Agreements and apply to all (other) legal (other) actions between Touch of Arrogance and Customer.
2. Touch of Arrogance explicitly rejects the applicability of any general or other specific terms and conditions or stipulations of the Customer.

Article 4: Offers and price indications
1. All offers and price indications are entirely free of obligation unless explicitly otherwise agreed upon in writing.
2. All offers are made upon the condition that the product being offered is in stock (at our supplier). When the ordered products are temporarily not in stock or not available anymore, buyer will be notified by email and will be offered the opportunity to wait or change product or to cancel the order. 
3. All offers and price indications are based on the prices valid at the time of the order. Price indications are inclusive of sales tax but exclusive of handling and postage.
4. Changes in factors influencing the price caused by, but not limited to, currency rates, import and export duties, and other cost payable at import or export, insurance rates, freight rates, and applicable taxes, resulting in cost for Touch of Arrogance can be considered to be transferred to the customer. Whenever applicable this will be communicated to the customer and customer will be offered, in writing, the opportunity to cancel the purchase.

Article 5: Agreement
1. An agreement can only be concluded if and insofar Touch of Arrogance accepts the order from the customer.
2. Amendments of- and additions to- any provision in an agreement and/or the terms can only be agreed upon in writing and is only applicable to the concerned agreement.

Article 6: Long-distance purchasing and right of withdrawal
1. This article shall only apply to long-distance purchasing by a consumer.
2. The customer can dissolve an agreement with regard to the purchase of a product during a cooling off period of 14 days, after the day the customer receives the goods without a statement of reasons. Touch of Arrogance may ask the customer for the reason of withdrawal, but not oblige him to statement of his reason(s).
3. To cancel the agreement, the customer must send written notification to Touch of Arrogance at the contact address.
4. In the event that Touch of Arrogance processed- and shipped the goods and/or the customer has received the goods before cancellation, the customer must send the goods back to Touch of Arrogance at the contact address at the customer’s own cost and risk. 
5. During the cooling off period the consumer shall carefully deal with the product and the packaging. He shall not unpack or use the product nor will damage the package! The customer acknowledges that he will be under a duty to take reasonable care of the goods at all times when the goods are in his possession before returning the goods to Touch of Arrogance under this clause.
6. Any sum debited to Touch of Arrogance will be credited to the customer’s account within 14 days after Touch of Arrogance has received and inspected the returned goods and has accepted the returned goods.
7. The customer will be responsible for the costs of returning the goods to the contact address, either in person or by sending them by a (recordable-)postal service with applicable insurance. 
8. The customer is not entitled to cancel the agreement or return the goods where the goods have been made (or engraved) to the customer’s personal specifications.

Article 7: Payment
1. The invoice should have been paid for within 8 working days of the date of the invoice, unless other written arrangements have been made and are explicitly agreed on. Touch of Arrogance will only execute the agreement, until a full payment of the invoice has been received, unless other written arrangements have been made and are explicitly agreed upon.
2. When the invoice is not paid for within the period of time as agreed on and after the customer has been notified in writing of his shortcomings, Touch of Arrogance is entitled to charge legal interest over the unpaid amount.
3. In the event that the customer requests a moratorium or filed for bankruptcy, or its bankruptcy is petitioned, all its outstanding invoices are immediately due.
4. All non-legal expenses incurred by Touch of Arrogance in case of non-performance, overdue performance or improper performance by the customer are fully payable by the customer.

Article 8: Date of delivery
1. The date of delivery stated by Touch of Arrogance is free of obligation and never to be considered a deadline.
2. Touch of Arrogance is never in default by the mere lapsing of the agreed delivery date. However, a written notice of default is always required.
3. Exceeding a delivery date never entitles the customer to any compensation, annulment of the agreement or any other legal action against Touch of Arrogance. This does not apply in case of gross negligence or willful intent on the part of Touch of Arrogance nor if the delivery date is exceeded by more than four weeks. In that event, the customer will be entitled to annul the agreement, however without being entitled to claim any compensation.

Article 9: Claims
1. The customer is required to verify the quantity of delivered goods and inspect the outside for visible damage.
2. Claims concerning quantities and damage and/or defects visible from the outside should be submitted by the buyer in writing as soon as possible and in any case within 12 hours after delivery. In default thereof, the quantities specified on the delivery forms, invoices or related documents will be considered correct and the goods will be considered delivered without damage visible from the outside.
3. Claims based on non-visible damage and/or defects at the time of delivery as well as other claims should be submitted in writing to Touch of Arrogance as soon as possible after delivery, and in any case within 24 hours, or, as the case may be, after any flaws have been detected or could reasonably have been detected. In default thereof, the customer will be considered as having accepted the delivery.
4. Late or wrongly filed claims have no legal effect and release Touch of Arrogance from all liability.
5. If it is observed that the delivered goods do not meet the agreed specifications, Touch of Arrogance will be allowed to a period equal to the original delivery period to replace the goods. The terms of payment as stipulated remain in full force.

Article 10: Warranty
1. Touch of Arrogance guarantees that the delivered articles comply with the customary demands and standards of these articles and that the articles are free of any defects.
2. The warranty obligation from Touch of Arrogance to the customer does not reach further than the warranty obligation of the suppliers of Touch of Arrogance. The warranty cannot be invoked when the defect came into existence due to incompetent- or improper use.
3. When the delivered articles do not comply with the customary demands and standards, Touch of Arrogance will, at their discretion, replace or take care of repairs of the articles. Replacement or repairs will take place within a reasonable period of time after the articles have been returned to Touch of Arrogance. When it is not reasonable to return the items to Touch of Arrogance, Touch of Arrogance will take care of repairs or replacement within a reasonable period of time after the customer has notified Touch of Arrogance in writing.
4. Defects of proper operation have to be reported in writing to Touch of Arrogance within 14 days of the discovery of the defect and at the latest before the termination of the warranty period.
5. Touch of Arrogance will never be obliged to execute the warranty, or at least will have the right to suspend the warranty obligation, when and as long as the customer has not fully paid the amount due.

Article 11: Liability
1. Touch of Arrogance is never liable for any indirect damages incurred by the customer or third parties, including consequential damages, intangible losses, loss of profits and environmental damages.
2. In any case, the liability of Touch of Arrogance towards the customer is limited per event (whereby a series of connected events count as one event) to the contractual amount before VAT of the concerned (partial) delivery.
3. The customer will hold Touch of Arrogance harmless against all claims of third parties, for whatever reason, regarding indemnification of damages, costs, or interests related to the products, respectively ensuing from the use of the products, or caused by or ensuing from work performed by Touch of Arrogance outside its company.

Article 12: Force majeure
1. Force majeure for Touch of Arrogance is defined as any circumstance outside the control of Touch of Arrogance, which partially or fully impedes the fulfillment of its obligations to the customer or due to which Touch of Arrogance cannot reasonably be expected to fulfill his obligations, regardless of whether that circumstance was foreseeable at the time of conclusion of the agreement. Among others, such circumstances also include: strikes and lock-outs, delays or other problems in the production by the suppliers of Touch of Arrogance and/or measures of any regulatory agency.
2. If Touch of Arrogance can only partially fulfill its obligations towards the customer due to force majeure, Touch of Arrogance has to fulfill as many obligations as is reasonably feasible.
3. If the situation of force majeure has lasted that long that one of the parties cannot reasonably be expected to respect the agreement, the concerned party has the right to dissolve the agreement in writing, entirely or partially. In the event of force majeure, the customer is not entitled to any damages, not even if Touch of Arrogance might derive any benefit from the force majeure.
4. Touch of Arrogance will inform the customer as soon as possible of a (possible) situation of force majeure.

Article 13: Retention of title
1. The right of ownership of all goods delivered by Touch of Arrogance is expressly reserved by Touch of Arrogance until payment in full has been made of all the amounts owed, including any interest and expenses under agreements for the delivery of goods and the performance of related activities.
2. The risk of loss or damage of the articles of the agreement will be at the expense and risk of the customer on the moment that the goods have been, legally and/or actually, delivered and are in the power of the customer or a third party designated by the customer.

Article 14: Dissolution
1. If the customer fails to properly, or within a stated term, or otherwise, fulfill any obligation for him that might ensue from any agreement, the customer is in default and Touch of Arrogance has the right, without any notice of default being required, to suspend the execution of that agreement until payment has been sufficiently ensured and/or to dissolve, partially or completely, that agreement, without prejudice to the other rights of Touch of Arrogance.
2. In the event of a suspension of payments or bankruptcy of the customer, all agreements with the customer will automatically be dissolved, unless Touch of Arrogance informs the customer within a reasonable term that she requires fulfillment of (a part of) the concerned agreement, in which case Touch of Arrogance has the right, without further notice of default, to suspend the execution of that agreement until payment has been sufficiently ensured.

Article 15: Applicable law and competent court
1. All offers, all agreements as well as all ensuing obligations are exclusively governed by Dutch law.
2. The Uniform Sales Act and the Vienna Sales Convention expressly do not apply to international transactions.
3. The competent court within the district of Amsterdam takes cognisance of all disputes which may arise between the parties, unless Touch of Arrogance prefers to bring the dispute before the competent court in the domicile of the customer, with the exception of those disputes that fall under the jurisdiction of the subdistrict court.
4. The choice of a Dutch court in paragraph 2 does not prejudice right of Touch of Arrogance to apply to the court that would have been competent in the absence of a jurisdiction clause.