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Terms and Conditions
Table of contents
|Article||Identity of the entrepreneur|
|Article||Right of Withdrawal|
|Article||Obligations of the consumer during the cooling-off period|
|Article||Exercising the right of withdrawal by the consumer and costs thereof|
|Article||Obligations of the trader in case of withdrawal|
|Article||Delivery and implementation|
|Article||Additional or deviating provisions|
Article 1 - Definitions
In these terms and conditions shall apply:
- Supplementary agreementMeans an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third and the entrepreneur;
- Reflection time: The period within which the consumer can exercise his right of withdrawal;
- Consumerthe natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: Calendar;
- Digital Content: Data generated in digital form and are supplied;
- Durable medium: any device - including e-mail - that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
- Right of Withdrawal: The ability of the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contractMeans an agreement concluded under an organized distance sales of goods, digital content and / or services, which are exclusively or partly used until the conclusion of the agreement between the trader and a consumer or more means of distance communication;
- Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: Means that can be used to conclude a contract, without the consumer and trader need to be met in the same room.
Article 2 - Identity of the entrepreneur
M&T Global Horizon BVBA
St. Amandsstraat 214
1853 Strombeek Bever
E-mail: info @ tomybazaar.com
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the contract is concluded remotely, indicate the manner in which the terms and conditions of the entrepreneur are identified and that they are sent free of charge at the request of the consumer as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him. .
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- 5. The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
- The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
- If the consumer has a right of withdrawal, the model form for revocation.
- In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
- if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
- if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
- in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
For services and digital content which is not supplied on a tangible medium:
- The consumer may dissolve a service agreement and a non-material delivery delivery agreement for at least 14 days without redeeming reasons. The entrepreneur may ask the consumer for the reason for revocation, but do not oblige them to state their reasons.
- The term referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal, the term of office expires 14 days after the date on which the consumer has received that information.
Article 7 - Obligations of the consumer during the reflection
- During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
- The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
- The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.
- If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
The costs for the return are borne by the customer. The consumer can submit a return request via his account. After approval of the Tomybazaar.com customer service, the consumer will receive notification of this. A return slip can then be printed from the account / returns, after which the consumer can return the item at his or her own expense.
Different types of goods are exempt from return. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care articles
To complete your return, we require a receipt or proof of purchase.
Do not return your purchase to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
* Book with clear signs of use
* CD, DVD, VHS tape, software, video game, cassette tape or vinyl record that has been opened
* Any item that is not in its original condition is damaged or missing parts for reasons not due to our fault
* Any item that is returned more than 14 days after delivery.
If you're shipping an item over $ 75, consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.
The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
he has not acknowledged that he has lost his right of withdrawal when giving his permission; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.
Article 9 - Obligations of the trader in case of withdrawal
- If the vendor makes the notification possible by electronic means, the vendor will send a receipt of receipt immediately upon receipt of this notification.
- The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
Article 10 - Delivery and implementation
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has notified to the entrepreneur.
- Subject to the provisions of Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders at an expeditious speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 11 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
- The consumer must give the entrepreneur at least 4 weeks the time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 12 - Disputes
- Contracts between the entrepreneur and the consumer covered by these terms and conditions shall be governed by Dutch law.
Article 13 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner