Article 1 – Information By Trinitea
By Trinitea B.V.
Monacostraat 96
1363 CG Almere
The Netherlands
Telephone number: +31 624 21 22 49
E-mail address: info@by-trinitea.com
Chamber of Commerce number: 72129964
VAT identification number: NL858997502B01
Article 2 – Applicability
These conditions apply to every offer, quotation and / or agreement between www.by-trinitea.com (“By Trinitea”), and a counterparty (the “Counterparty”).
The applicability of any (general) conditions of the Other Party is explicitly rejected.
The (total or partial) invalidity or ineffectiveness of one or more provisions of these general terms and conditions does not affect the validity or binding nature of the other provisions. In that case, the parties will replace the invalid or non-binding provisions as much as possible by valid and binding provisions whose effect is as similar as possible to that of the invalid or non-binding provisions.
By Trinitea reserves the right to change the general terms and conditions in the interim. Such changed general terms and conditions will be handed over to the Other Party, whereby the Other Party has 1 month after receipt of the amended general terms and conditions to cancel the agreement entered into with By Trinitea in accordance with Article 8.1 of these general terms and conditions.
Article 3 – The offer
All quotations and offers from By Trinitea are without obligation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available.
By Trinitea can not be held to its quotes or offers if the Counterparty can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error. The Other Party is not entitled to a complaint in the event that (the images of) the products do not correspond with (the appearance of) the delivered products, unless they are materially different products.
If the acceptance deviates (whether or not on minor points) from the offer included in the quotation or offer, FWL is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance.
Article 4 – The contract
The agreement is concluded at the moment of acceptance by the Other Party of the offer and the fulfillment of the corresponding conditions.
If the Other Party has accepted the offer electronically, By Trinitea will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by By Trinitea, the Other Party can terminate the agreement.
By Trinitea can – within statutory frameworks – inform itself whether the Other Party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If By Trinitea, based on this investigation, has good reasons not to enter into the agreement, By Trinitea is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
The Other Party is obliged to carefully read and observe the instructions for use and warning of the delivered products before use.
The Other Party is not entitled to resell the products sold by FWL.
By Trinitea has the right to have certain work done by third parties.
If By Trinitea requires information from the Other Party for the execution of the agreement, the execution period shall not commence earlier than after the Other Party has made it available to By Trinitea correctly and completely.
Article 5 – Right of withdrawal
When purchasing products, the Other Party has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period commences on the day after receipt of the product by the Other Party.
If the Other Party exercises his right of withdrawal, he shall return the product with all delivered accessories in the original condition and packaging, unopened to By Trinitea, in accordance with the reasonable and clear instructions provided by By Trinitea.
The costs for return will be borne by the Consumer.
By Trinitea will reimburse the amount paid by the Other Party in this respect within 30 days of receipt of the return.
By Trinitea excludes the right of withdrawal insofar as it concerns products that can spoil or age quickly.
Article 6 – The price and payment
By Trinitea is entitled to implement price increases after 3 months of the conclusion of the agreement, insofar as such price increase is not unreasonably onerous for the Other Party
The amounts owed by the Counterparty are paid through an online payment (iDeal, PayPal or transfer) to By Trinitea.
Article 7 – Delivery and execution
The place of delivery is the address that the Other Party has made known to By Trinitea. By Trinitea only delivers addresses where her product can be received (and not to postal addresses).
Consumer is responsible for the correct delivery of delivery address or delivery address changes.
By Trinitea is not liable for damage resulting from inaccurate and / or incomplete (address) data provided by or on behalf of the Other Party.
The transfer of the ownership of the products will only be transferred to the Other Party after the Other Party has complied with (i) all its claims regarding the consideration which the Other Party has delivered or will deliver to By Trinitea on the basis of an agreement, as well as (ii) ) in respect of claims for failure to comply with these agreements.
Article 8 – Duration transactions: duration, cancellation and extension
The Other Party may terminate an agreement that has been concluded for an indefinite period by e-mail by the end of the month, whereby the cancellation must be received by By Trinitea no later than the last day of the month, with due observance of a notice period of 1 month
A contract that has been entered into for a definite period ends automatically after the expiry of the term.
In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment – if and insofar as the attachment is not lifted within three months – at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party no longer freely In order to be able to dispose of its assets, By Trinitea is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnity. The claims of By Trinitea on the Other Party are immediately due and payable in that case.
If the Other Party cancels an ordered order in whole or in part, the ordered or prepared items, plus any delivery and delivery costs thereof and the labor time reserved for the execution of the agreement, will be charged in full to the Other Party. .
Article 9 – Force majeure
By Trinitea is not obliged to fulfill any obligation vis-à-vis the Counterparty if it is prevented from doing so as a result of a circumstance that is not due to fault and is not for the account of the law, a legal act or generally accepted beliefs. (force majeure).
Force majeure includes: (i) force majeure of suppliers of By Trinitea, (ii) failure to properly fulfill obligations of suppliers of FWL, (iii) defect in goods, equipment, software or materials of third parties, (iv) government measures , (v) power failure, (vi) internet failure, computer network or telecommunication facilities, (vii) war, (viii) workforce, (ix) strike, and (x) general transport problems.
By Trinitea can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then By Trinitea is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.
Article 10 – Complaints procedure
Complaints submitted to By Trinitea will be answered within 24 hours from the time of receipt. If a complaint requires a foreseeable longer processing time, By Trinitea will respond within 24 hours with a notice of receipt and an indication when the Other Party can expect a more detailed answer.
Article 11 – Disputes
For agreements between By Trinitea and the Other Party to which these general terms and conditions apply, only Dutch law applies.