Terms & Conditions
MEDIATION CONDITIONS
COMPANY CONSTRUCTION
The offer of movable property on the Website is not sold by the Website Holder, but by the Seller. For this reason, a contract is concluded between the Buyer and the Seller for the purchase of goods. The Website Holder is therefore not itself a party to this contract of sale. For the sake of convenience, the general terms and conditions applicable between the Seller and the Buyer are included in this document. Please note that these General Terms and Conditions apply between the Buyer and the Seller and cannot therefore be invoked against the Website Holder.
If the Seller has its registered office in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive will apply. This Directive includes the following rights and guarantees:
- The Seller must provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract.
- The Buyer shall receive the order within 30 days, unless a different period has been agreed with the Seller. If the goods in question are not or no longer available, the Seller must inform the Buyer accordingly. Any payments or deposits must be refunded within 30 days, unless the Seller delivers a similar movable item.
- The Buyer shall have a right of revocation, which means that the Buyer may reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
For the purposes of these mediation conditions:
Website: made available platform accessible via www.tiveaux.com, including all associated sub-domains.
Website holder: the company Start Online which is established at Telderslaan 23 in Utrecht, the Netherlands, and registered with the Chamber of Commerce under number 71986758.
Buyer: the party making a purchase on the aforementioned website.
Seller: a company that, either as a producer or as a trader, sells movable goods to the Buyer.
`
ARTICLE 2 - PURCHASER'S RIGHTS
If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and guarantees:
The Seller must provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract.
The Buyer shall receive the order within 30 days, unless a different period has been agreed with the Seller. If the goods in question are not or no longer available, the Seller must inform the Buyer accordingly. Any payments or deposits must be refunded within 30 days, unless the Seller delivers a similar movable item.
The Buyer shall have a right of revocation, which means that the Buyer may reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any payments or deposits must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable property on the Website is not sold by the Website Holder, but by the Seller. For this reason, a contract is concluded between the Buyer and the Seller for the purchase of goods. The Website Holder is therefore not itself a party to this contract of sale.
Certain goods are purchased via the Website from third parties, whether or not established in the European Union.
The service provided by the Website Holder is a mediation service provided to a third party. When an item of movable property is ordered via the Website, the Website Holder is authorised to act as intermediary, in the name of the Buyer and on behalf of the Buyer, and to order the movable property from the actual Seller of the movable property in question.
If the actual Seller has its registered office outside the Netherlands and as a result the movable property in question has to be imported, this will take place in the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs shall be borne by the Buyer.
ARTICLE 4 - PAYMENT
Payment for the purchased product is made via Website Holder. The Website Holder is also responsible for (re)payment to the actual Seller.
It is possible that the prices stated on the Website differ from the amounts that the Website Holder (re)pays to the actual Seller. The Seller may be given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. In such cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller shall be regarded as compensation to the third party for the mediation service provided by the Website Holder.
ARTICLE 5 - COMPLAINTS PROCEDURE
In the event that the Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be notified to the Website Holder via the contact details stated on the Website. Every notification made by the Buyer will be dealt with by the Website Holder with the greatest care and as soon as possible. The Website Holder will provide the Buyer with a substantive response no more than fourteen days after receipt of the report.
In the event that the Buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, the Buyer may apply to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
For the purposes of these terms and conditions:
Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data that are produced and delivered in digital form;
Duration Transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible, including e-mail.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be filled in by the consumer when he wants to make use of his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;
Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Start Online
Headquarters: Louis Couperusplein 2
2514 HP The Hague (no visiting or return address)
71986758
NL002369248B60
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed by the entrepreneur, in what way they can be viewed and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
In the event that one or more stipulations in these general terms and conditions are wholly or partially nullified or nullified at any time, these general terms and conditions will remain in force for the rest and the relevant nullified or nullified stipulation will, in mutual consultation, immediately be replaced by a stipulation that approximates the purport of the original as closely as possible.
Situations which are not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer is valid for a limited period of time or subject to conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
The offer of the entrepreneur is without obligation. The entrepreneur is entitled to change and adjust the offer.
The entrepreneur's offer contains a description of the products and/or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable the consumer to assess the offer properly. Should the entrepreneur make use of any images that imply that these images show the offered product, then these are a true representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer can not bind the entrepreneur.
Images of products are a faithful representation of the offered products. However, the entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
Special:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
whether or not the level of the rate of distance communication is charged if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
the minimum duration of the distance contract in the case of an enduring transaction.
application of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
ARTICLE 5 - THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.
In the event that the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of 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 agreement.
If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself within the legal framework whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur shall provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with it, at the latest upon delivery of the product or service or the digital content:
The visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information about guarantees and existing service after purchase;
the price, including taxes, of the product, service or digital content;
the cost of delivery, where applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision of the previous paragraph shall apply only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days.
This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and announced to the entrepreneur.
If:
the consumer has ordered several products in the same order, the reflection period shall commence on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
The delivery of a product consists of several shipments or parts, the reflection period shall commence on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
if the purpose of the agreement is the regular delivery of products during a given period, the cooling-off period shall commence on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
Where a service contract or a contract for the supply of digital content is not supplied on a tangible medium, the consumer may terminate the contract for a period of fourteen days without giving any reason. These fourteen days start on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content which are not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the client must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
ARTICLE 7 - COSTS EXERCISING THE RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, he shall bear no more than the costs of returning the goods.
The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same way as used by the consumer. Receipt by the merchant or conclusive proof of complete return is required.
Any reduction in value of the product caused by careless handling shall be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This has to be done before concluding the purchase agreement.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement, and if it concerns one of the products listed in sections 2 and 3.
Exclusion is only possible for the following products:
The specifications of the consumer that have been made by the entrepreneur;
which are clearly of a personal nature;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
For individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion is only possible for the following services:
concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
the supply of which has been started with the express consent of the consumer before the expiration of the cooling-off period;
concerning betting and lotteries
ARTICLE 9 - PRICE
During the period of validity 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, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this:
These are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.
ARTICLE 10 - WARRANTY AND CONFORMITY
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. This is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obligated in case he has failed in the fulfillment of his part of the contract.
Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The unsoundness is wholly or partially the result of prescriptions made or to be made by the government with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address which the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. By the time of delivery at the latest, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall 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 appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
Termination
The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to agreed termination rules and a maximum notice period of one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they have been entered into by the consumer;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a period of notice that does not exceed one month.
A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time on one month's notice, with a maximum of three months' notice, where the contract is for the regular supply of daily newspapers, newspapers, magazines and periodicals, but less than once a month.
A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and periodicals for acquaintance (trial subscription or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial period or introductory subscription.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.
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 an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur completely and clearly described within a reasonable time after the consumer has discovered 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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute will arise which is subject to the dispute resolution procedure.
ARTICLE 15 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
ARTICLE 16 - ADDITIONAL OR DEVIATING STIPULATIONS
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.