General terms and conditions
Article 1. Identity
- Bartogi B.V.
trading under the name(s): Tofvel
- Established business address
Street: Hanzepoort 26
Postal code: 7575 DA
City and country: Oldenzaal, the Netherlands
Phone: +31 (0)53 - 53 88 333
- Chamber of Commerce number: 06049848
- VAT number: NL006554283B01
Bartogi is a subsidiary of the Hooijer Groep Holding. Correspondence will be sent under the name of the Hooijer Groep.
Article 2. Definitions and applicability
2.1 These General Terms and Conditions apply to all offers, orders and agreements made by Bartogi (hereinafter: Tofvel), unless Tofvel has agreed to other conditions in writing. The client can derive no rights from any agreed deviation in respect of future transactions.
2.2 Acceptance of an offer or placement of an order means that you have accepted the applicability of these General Terms and Conditions.
2.3 Deviations from these General Terms and Conditions are only valid if they have been made in writing, in which case the other provisions remain in full force.
Article 3. Offers/agreements
3.1 All of Tofvel's offers are non-binding and Tofvel explicitly reserves the right to change its prices, particularly when such changes are mandatory on the grounds of statutory or other requirements.
3.2 An agreement is concluded when Tofvel accepts your order. Tofvel is entitled to refuse orders or attach certain conditions to the delivery of orders, unless explicitly stated otherwise. If an order will not be accepted, Tofvel will communicate this within two working days of receiving the order.
3.3 When an order has been placed, you will immediately receive a confirmation by email containing the total costs, including shipping costs.
Article 4. Prices and payment
4.1 All prices quoted for products and services offered are in euros and include VAT.
4.2 No extra charges are applied to any of the online payment methods.
4.3 Our website uses IP address identification for geolocation purposes, among others.
Article 5. Delivery
5.1 Delivery time is between 2 - 4 business days.
5.2 Exceeding an agreed delivery period shall not give the client the right to compensation for damages, or to dissolve the agreement or act in non-compliance with any obligation arising for said client under this or any other associated agreement.
5.3 The product should be delivered to the client no later than within 30 days of the order. If this is not the case, the client can cancel the order. The preceding does not apply if the parties have agreed a different delivery period.
5.4 Partial deliveries are allowed.
5.5 We do our best to keep the website as up-to-date as possible, however it can occur that for unforeseen reasons a product is not available. In such a case, we will get in touch with you as quickly as possible.
5.6 If you choose to give the courier permission to leave the ordered package in a safe place (e.g. a carport or backyard), Tofvel or the courier are not responsible for any missing items.
Article 6. Complaints and returns
6.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Tofvel, Hanzepoort 26, 7575 DA Oldenzaal, The Netherlands, email@example.com, +31 (0) 53 - 53 88 333) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
6.2 We will solve any problem as quickly as possible. Should the solution not meet your expectations, then you may cancel the order without any additional costs. Please note that the Return Vignette seal has not been removed. An item with a broken seal is not returnable and the right to a refund expires.
6.3 If you decide not to accept purchase of a product for any reason whatsoever, then you are entitled to return the product to Tofvel within 14 calendar days of delivery. You can't return when the Vignette Seal is broken.
6.4 The costs of return shipments are at your own expense.
6.5 For partial returns or cancellations, any quantity discount shall be cancelled. If you want to return or cancel part of an order that counts as part of the quantity discount, then the quantity discount shall be cancelled and the standard sale price shall apply to the product you want to keep.
6.6 Tofvel will refund the amount paid directly into your bank account within 7 working days.
Article 7. Liability
7.1 Tofvel, Tofvel's personnel and products shall explicitly be excluded from liability for any damages of any nature whatsoever, directly or indirectly, including trading loss, consequential damages, damages to moveable or immoveable property and/or to persons. Tofvel shall likewise be excluded from liability for damages arising from the implementation of the agreement by third parties.
7.2 Tofvel accepts no liability for any potential damages arising from the use of Tofvel's products.
7.3 In all cases the liability of Tofvel vis-à-vis the buyer shall not exceed the invoice amount that the buyer owed Tofvel under the specific agreement.
7.4 Tofvel shall not be liable for any misunderstanding, mutilation, delay or inappropriate transfer of orders or instructions arising from use of the Internet or any other means of communication in the exchange between the customer and Tofvel, and/or between Tofvel and third-party or parties insofar as pertinent to the relationship between Tofvel and the customer, unless and to the extent that Tofvel's actions were deliberate or negligent.
Article 8. Force majeure
8.1 In the case of force majeure, Tofvel is entitled to make its own choice between postponing execution of the order or dissolving the agreement without judicial intervention, to be accomplished by written notice and without Tofvel being liable for any compensation for damages, unless this would be unacceptable according to standards of reasonableness and fairness.
8.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Tofvel because it was not due to Tofvel's fault and nor can it be held accountable for said shortcoming under law, a juristic act or generally prevailing opinion.
Article 9. Privacy
9.1 All personal data shall exclusively be used for processing the order and will never be made available to third parties.
Article 10. Miscellaneous
10.1 If you inform Tofvel of an address when making an order, Tofvel is entitled to send all orders to that address, unless you notify Tofvel in writing, with an order or by email, of a different address to which your orders should be sent.
10.2 If Tofvel tacitly allows deviations from these General Terms and Conditions for a shorter or longer period, this shall be without prejudice to its right to as yet demand immediate and strict compliance with these General Terms and Conditions. You will never be able to assert any right on the grounds that Tofvel has applied these General Terms and Conditions flexibly.
10.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Tofvel should be in conflict with any applicable legal requirement, the said provision shall be null and void and will be replaced with a comparable new legally admissible provision to be determined by Tofvel.
10.4 Tofvel is authorised to use third parties when implementing your order(s).
Article 11. Applicable law and authorised court
11.1 Dutch law shall exclusively apply to these General Terms and Conditions, as well as to all rights, obligations, offers, orders and agreements under these General Terms and Conditions.
11.2 The European Commission has a platform for online dispute resolution for consumers, which can be found at http://ec.europa.eu/consumers/odr/.