Hier vind je de kleine lettertjes. Die zijn niet zo romantisch, maar toch even nodig. In verband met onze ambitie om de wereld te veroveren met liefde zijn de leveringsvoorwaarden alvast in het Engels. De disclaimer staat eronder, die is in het Nederlands.
Article 1 – Definitions
The following terms and definitions are used in these general terms and conditions:
1. Tiggle: the company Tiggle BV. Tiggle offers remote products and/or services to buyers.
2. Buyer: a natural person who enters into a remote agreement with Tiggle while not acting in pursuance of a profession or for a company
3. Remote agreement: an agreement under which exclusively one or more techniques for remote communication are used to conclude the agreement within the framework of a system organized by Tiggle for remote sales of products and/or services
4. Technique for remote communication: a means that can be used to enter into an agreement without the buyer and Tiggle having to simultaneously convene in the same room
5. Right of withdrawal: the buyer’s right to cancel the remote agreement within cooling-off period
6. Day: calendar day
7. Long-term transaction: a remote agreement relating to a series of products and/or services, the delivery and/or purchasing obligations of which are spread over a longer period of time
8. Permanent data carrier: any means that enables the buyer or Tiggle to store data that are communicated to them personally in such a way that future consultation and unaltered reproduction of the stored data is possible.
Article 2 – Tiggle data
6691 AX Gendt
CoC number: 56657528
VAT identification number: NL852241732B01
BIC NUMMER: RABONL2U
IBAN: NL11 RABO 0176969373
Article 3 - Applicability
1. These general terms and conditions apply to any remote agreement between Tiggle and the buyer. Tiggle expressly excludes the applicability of any terms, including those of delivery, dictated by the buyer, unless otherwise agreed upon in writing.
2. Before concluding a remote agreement, the text of these general terms and conditions will be made available to the buyer. If in all fairness such is not possible, it will be communicated to the buyer prior to concluding the remote agreement that the general terms and conditions can be perused at Tiggle and that they will be sent to the buyer free of charge and as soon as possible.
3. Supplements to or deviations from these general terms and conditions are valid only if they have been expressly accepted by Tiggle in writing. In such a situation, any other stipulations in these general terms and conditions shall remain fully valid.
Article 4 - Offers
1. If an offer has a limited period of validity or if certain conditions apply to the offer, such will be explicitly stated in the offer.
2. The offer will provide a complete, accurate and detailed description of the products and/or services to be provided, allowing the buyer to judge the product/service adequately. When pictures form part of an offer, they are faithful pictures of the products and/or services to be provided. Obvious mistakes or errors in an offer are not binding for Tiggle.
3. Each offer will provide the information required by the buyer to know his/her rights and duties upon accepting the offer. This particularly pertains to:
Article 5 – The agreement
1. The agreement becomes valid the moment the buyer accepts the offer and meets the terms and conditions, on condition of the stipulations in Article 5, paragraph 4.
2. If the buyer accepts the offer via electronic means, Tiggle will immediately confirm receipt of the acceptance of the offer via electronic means.
3. If the agreement is concluded via electronic means, Tiggle will take the appropriate technical and organizational measures to protect the electronic transfer of data and provide a secure web environment. If the buyer wishes to pay electronically, Tiggle will provide the appropriate security measures.
4. Within the limits of the law, Tiggle may gather information about the buyer ́s ability to fulfil his/her commitments regarding payment, and all facts and factors that are relevant to entering a remote agreement in a responsible way. If such research gives Tiggle sound reason to not enter into an agreement, Tiggle is entitled to refuse an order or request, or to impose special terms for its execution while explaining why.
5. Tiggle will send the following information to the buyer along with the product or service, in writing or in such a way that the buyer can store it on a permanent data carrier in an accessible manner:
6. If IXXI has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal upon product delivery
1. With the exception of at least those products described in Article 8 of these general terms and conditions, when purchasing products, the buyer has the right to repudiate the agreement without specifying any reasons, for a period of three days, starting the day upon receipt of the product, purchased by or on behalf of the buyer.
2. During this period, the buyer shall treat the product and packaging material carefully. He/she shall unpack or use the product only to the extent necessary to judge whether or not he/she wishes to keep the product. In the event that the buyer wishes to exercise his/her right of withdrawal, he/she shall return the product with all its delivered accessories and, as far as is possible, in the original condition and packaging, in accordance with the reasonable and clear instructions indicated by Tiggle.
Article 7 – Costs in the event of withdrawal
1. In the event the buyer exercises his/her right of withdrawal, the costs of returning products to Tiggle shall be at his/her expense.
2. In the event the buyer has made a payment, Tiggle will return this amount as soon as possible, and within 30 days upon withdrawal or product return at the latest.
Article 8 – Exclusion from the right of withdrawal
1. If the buyer does not have the right of withdrawal, Tiggle will explicitly state such in the offer, sufficiently in advance of entering into the agreement.
2. Exclusion from the right of withdrawal is possible only for products:
a) that Tiggle has produced according to the buyer’s specifications, or b) that are clearly of a personal nature, or c) that cannot be returned on account of their nature.
Article 9 – Price
1. The prices of the products and/or services offered will not be raised during the period of validity, with the exception of price modification due to changes in VAT rates.
2. In deviation from the previous paragraph, Tiggle may offer products or services with variable prices. This applies to products or services the prices of which are subject to fluctuations in the financial market that are beyond Tiggle’s realm of influence. This susceptibility to fluctuations and the fact that any prices stated are recommended prices will be stated in the offer.
3. Price increases within three months of entering into the agreement will occur only if they are the result of legal regulations or stipulations.
4. Price increases after three months of entering into the agreement will occur only if Tiggle has stipulated such and if: a) they are the result of legal regulations or stipulations, or b) the buyer is authorized to cancel the agreement before the day on which the price increase applies.
5. All prices of the offered products or services include VAT.
Article 10 - Conformity
1. Tiggle guarantees that the products and/or services will comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the provisions of the law and/or government regulations existing on the date the agreement was entered into. The buyer accepts that Tiggle’s production method may change the properties of the supplied picture(s), such as colour, contrast, clarity, focus or graphical representation.
2. The buyer declares that he/she is aware of the production process of the product and is independently responsible for supplying the required documentation sufficiently and in the correct quality, including the picture and/or photograph to be taken.
Article 11 – Intellectual property rights
1. When Tiggle carries out an agreement, such may involve the replication and/or publication of works that are protected by copyright or of pictures that are protected by intellectual property rights. Publication, replication and/or use of such pictures (for instance, photographs, paint- ings, drawings or logos) may be done only with the permission of the copyright holder.
2. The buyer guarantees that he/she is authorized to commission Tiggle to use the picture provided in the production and delivery process and indemnifies Tiggle against all possible third-party claims relating to any rights, including intellectual property right, over the products ordered by the buyer.
3. Tiggle indemnifies the buyer against claims by third parties relating to any right, including intellectual property right, concerning pictures avail- able from Tiggle’s photographic bank. This indemnity does not apply if the buyer is using the ordered product for any public use. The buyer is allowed to use Tiggle’s copyrighted materials for private use only and in the family circle. Under no circumstances may the pictures be reproduced or made public.
4. The intellectual property rights over the information displayed on Tiggle’s website, including texts, photographs, illustrations, graphical material, names/trade names and logos belong to Tiggle. Under no circumstances will any of Tiggle’s intellectual property rights pass on to persons who gain access to and/or are using Tiggle’s website.
5. The contents of Tiggle’s website may be used only for non-commercial private purposes. The user may not replicate the content of the site or forward, disseminate or make it available to third parties for financial gain without the prior written permission of Tiggle.
6. If the buyer replicates or makes public a picture falling under Tiggle’s copyrights without Tiggle’s permission, the buyer must pay an immediately payable contractual fine of 300% of the original sales price. Additionally,Tiggle retains the right to claim complete damages through legal proceedings.
Article 12 – Delivery and implementation
1. Tiggle will exercise the utmost care when receiving and executing product orders, and when assessing requests for the provision of services.
2. If through force majeure Tiggle cannot deliver in accordance with the agreement, Tiggle will inform the buyer of such as soon as possible and shall not be liable to pay any damages.
3. In the case of force majeure, Tiggle may, after consultation with the buyer, repudiate the agreement or suspend delivery until such time that the situation of force majeure ceases to exist.
4. Tiggle is not liable for any breaches of contract with the buyer if these are not attributable to Tiggle or if this is not at Tiggle’s expense by virtue of the law, the agreement or the common opinion.
5. The address provided by the buyer to Tiggle will be the place of delivery. Tiggle will not be liable for any damages the buyer may suffer through late delivery by Tiggle.
6. Unless expressly agreed otherwise, the risk of damages and/or loss of products rests with Tiggle until the moment of delivery to the buyer. If the product is damaged during transport, Tiggle’s liability is limited to the maximum compensation sum laid down by the transporter and/or the transporter’s insurer.
Article 13 – Payment
1. Unless a later date is agreed upon, the amounts payable by the buyer must be paid when ordering the product. To allow immediate payment, Tiggle offers the possibility to pay through iDeal and credit card. After Tiggle has received the amount payable, the order will be executed by Tiggle.
2. The buyer must inform Tiggle immediately of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment or default of payment on the part of the buyer, Tiggle is entitled to, unless lawful restrictions apply, charge any reasonable costs incurred to the buyer, provided that the buyer was informed of this beforehand.
Article 14 - Warranty
1. Tiggle does not guarantee that its supplied products can resist ultraviolet radiation or any other environmental factors.
2. No warranty applies to damages arising from the incorrect use or application of the products supplied.
3. The proof of purchase (the order confirmation upon payment) is the certificate of guarantee.
4. If repair or replacement is not possible, Tiggle is entitled to repudiate the agreement and to credit the buyer for the entire sum.
Article 15 – Settlement of complaints
1. Complaints about the execution of the agreement must be submitted to Tiggle within three days upon receipt of the product at the latest, fully and clearly described.
2. Complaints submitted to Tiggle will be replied to within 14 days. If a complaint requires a longer processing time, Tiggle will communicate this within 14 days by confirming receipt of the complaint and indicating when the buyer may expect a more detailed response.
Article 16 - Liability
1. Tiggle is not liable for any damages arising from Tiggle’s use of incorrect information provided by the buyer, unless Tiggle knew about the incorrectness of such information.
2. Tiggle is not liable for any damages arising from products supplied being used inappropriately.
3. Tiggle is not liable for any damages arising from products being used by the buyer, unless these damages can be attributed to Tiggle’s intent or gross negligence.
4. If Tiggle is liable for the buyer’s damages arising from a shortcoming in the execution of this agreement, Tiggle’s liability will be limited to the amount of the purchase price.
Article 17 – Applicable law and competent judge
Any disputes arising from and/or pertaining to these general terms and conditions shall be exclusively governed by Dutch law. Any disputes will only be settled by the competent judge of the Court in ’s-Hertogenbosch, Netherlands.
Tiggle respects the privacy of the users of its website and ensures that any personal details they provide are treated confidentially. We will use your details to process your orders as quickly and as easily as possible. Tiggle will not sell your personal details to third parties and will only make them available to third parties that are involved in the execution of the orders you place with us. We will make no other use of your personal details without your express permission.
Tiggle uses the personal details it gathers to:
Deze website is eigendom van Tiggle. Het is niet toegestaan om deze website of gedeelten van deze website openbaar te maken en/of te kopiëren zonder schriftelijke toestemming van Tiggle.
Aan de op deze website vermelde informatie kunnen geen rechten worden ontleend. Het is mogelijk dat informatie die op deze website wordt gepubliceerd onvolledig, gedateerd en/of onjuist is. De afbeeldingen op deze website vormen een indicatie van de producten die op deze website worden aangeboden. De daadwerkelijke producten kunnen afwijken van deze afbeeldingen.
Tiggle heeft het recht om eventuele wijzigingen met onmiddellijke ingang en zonder voorafgaande kennisgeving door te voeren. De toegang tot deze website kan altijd worden beperkt of worden onderbroken. Tiggle garandeert niet dat deze website op elk computersysteem en/of in elke webbrowser functioneert. Tiggle zal zich inspannen om de beschikbaarheid van zijn website zo groot mogelijk te doen zijn alsmede om eventuele storingen zo snel mogelijk te (doen) verhelpen. Tiggle is niet aansprakelijk voor een storing met betrekking tot de website.
Tiggle is niet aansprakelijk voor de verkrijgbaarheid van de producten die op deze site worden aangeboden. Tiggle staat niet garant voor de bruikbaarheid van deze producten voor enig specifiek doeleinde. Tiggle is niet aansprakelijk voor informatie die door derden via deze website wordt verzonden. Mogelijk wordt op deze site doorgelinkt naar andere websites. Tiggle is niet verantwoordelijk voor de inhoud van de websites van derde partijen en is niet aansprakelijk voor deze inhoud.
Het plaatsen van een link naar deze site op een andere site is toegestaan voorzover deze link naar de homepage van deze site verwijst en niet in een frame wordt vertoond. Alleen bij schriftelijke toestemming van Tiggle kan van deze bepaling worden afgeweken.
Tiggle is niet aansprakelijk voor schade die zou kunnen voortvloeien uit het bezoek van deze website of het gebruik van de op deze website aangeboden software. Wij zijn ook niet aansprakelijk voor directe of indirecte schade die het gevolg is van het gebruik van informatie die door middel van tiggle.nl is verkregen.