Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period during which the consumer can exercise their right of withdrawal; Read all about the reflection period

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term Transaction: a distance contract relating to a series of products and/or services, the delivery and/or acquisition obligation of which is spread over time;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to opt out of the distance contract within the reflection period;

Model Form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance Contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, the contract is concluded exclusively using one or more techniques for distance communication;

Technique for Distance Communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Tocabi Software B.V.
Vakwerkbrug 40

6846SG Arnhem
Netherlands

Email: [email protected]
Chamber of Commerce number: 78396026
VAT number: NL861374587B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established and orders placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises, and they will be sent to the consumer as soon as possible, free of charge, upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically reviewed, and that at the consumer’s request, they will be sent electronically or otherwise free of charge.

In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs are correspondingly applicable, and in the case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be immediately replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited duration or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the rate of the distance communication technique if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the used means of communication;
whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by him in the context of the contract;
the possible other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therewith.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds to not enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visit address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving any reason during a 14-day reflection period. This reflection period commences on the day after the receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur using the model form or by another means of communication, such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of shipping.

If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

For the delivery of services:

When it comes to the delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting from the day of entering into the agreement.

To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of returning the goods will be borne by him.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received back by the web retailer, or conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seals the consumer has broken;
for hygienic products whose seals the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

regarding lodging, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has started with the consumer's express consent before the reflection period has expired;
concerning betting and lotteries.

Article 9 - The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This bond to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for use other than normal.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or are contrary to the instructions of the entrepreneur and/or treated on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.

The address provided by the consumer to the company shall be considered the place of delivery.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with competent speed but no later than 30 days unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer is not entitled to any compensation for damages.

All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer can at any time cancel a contract entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, with due observance of agreed cancellation rules and a notice period of at most one month.

The consumer can cancel a contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, with due observance of agreed cancellation rules and a notice period of at most one month.

The consumer can cancel the contracts mentioned in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period.

Contrary to the previous paragraph, a contract entered into for a definite period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a definite period of a maximum of three months, if the consumer can cancel this extended contract at the end of the extension with a notice period of at most one month.

A contract entered into for a definite period, which extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.

A contract with a limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time after a year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this term starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment information to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, within legal limits, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a complaints procedure that has been sufficiently publicized and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a receipt acknowledgment and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

For complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Presenting a dispute to this disputes committee involves costs that the consumer must pay to the committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at the entrepreneur's discretion.

Article 15 - Disputes

On contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. This applies even if the consumer resides abroad.

The Vienna Sales Convention is not applicable.

Article 16 - Additional or Differing Provisions

Additional or differing provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.