Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
  2. Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur.
  3. Day: Calendar day.
  4. Ongoing Transaction: A distance agreement relating to a series of products and/or services, with the supply and/or purchase obligations spread over time.
  5. Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future reference and unchanged reproduction of the stored information.
  6. Right of Withdrawal: The option for the consumer to cancel the distance agreement within the cooling-off period.
  7. Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance.
  8. Distance Agreement: An agreement in which, under a system organized by the entrepreneur for remote selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more remote communication techniques.
  9. Remote Communication Technique: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place simultaneously.
  10. Terms and Conditions: These Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Titilow, established in Rotterdam and located at Troubadourlaan 57, Rotterdam, with email info@titilow.nl, registered in the Dutch Chamber of Commerce under 83830502, who, through the website, facilitates agreements for the supply of products from suppliers as an agent.

Article 3 – Applicability

These terms and conditions apply to every offer by the entrepreneur and every distance agreement and orders concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate that the terms and conditions are available for inspection and will be sent free of charge at the consumer's request.

If the distance agreement is concluded electronically, these terms and conditions may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not possible, it will be indicated where the terms can be accessed electronically and that they will be sent free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these terms, the second and third paragraphs apply, and the consumer may invoke the applicable provision most favorable to them in case of conflicting terms.

If any provision in these terms and conditions is null and void or annulled at any time, the agreement and these terms remain valid, and the invalid provision will be replaced in mutual consultation with a provision that approaches the original intent as closely as possible.

Situations not covered by these terms should be assessed “in the spirit” of these terms.

Any ambiguity about the interpretation or content of one or more provisions should be interpreted “in the spirit” of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

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

The offer contains a complete and accurate description of the products and/or services offered. If images are used, they represent the offered products/services truthfully. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

Images with products are a true representation, but the entrepreneur cannot guarantee that displayed colors will exactly match the actual colors.

Each offer includes information to clarify the consumer’s rights and obligations upon acceptance, including:

  • the price, excluding customs clearance and import VAT, which are the customer's responsibility and risk. Postal/courier services will apply special arrangements for goods imported into the EU destination country.
  • any shipping costs;
  • how the agreement will be concluded and the actions required;
  • the applicability of the right of withdrawal;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer or the period for which the price is guaranteed;
  • any communication costs calculated differently from the basic rate;
  • whether the agreement will be archived and accessible to the consumer;
  • the way the consumer can verify and correct any information provided for the agreement;
  • available languages for concluding the agreement besides Dutch;
  • any codes of conduct and how the consumer can access these electronically;
  • the minimum duration of the distance agreement if it involves an ongoing transaction.

Optional: available sizes, colors, and material types.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the stipulated conditions, subject to the provisions of paragraph 4.

If the consumer accepts the offer electronically, the entrepreneur confirms receipt electronically. Until receipt is confirmed, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will secure electronic data transmission and provide a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may investigate whether the consumer can meet their payment obligations and any relevant facts for a responsible distance agreement. If the entrepreneur has good reasons to refuse the agreement based on this inquiry, they may refuse an order or impose special conditions.

The entrepreneur will send the following information with the product or service, which can be stored on a durable data carrier:

  • the business address where the consumer can submit complaints;
  • terms and procedures for using the right of withdrawal;
  • information on guarantees and after-purchase services;
  • information from Article 4 paragraph 3, unless already provided;
  • the requirements for terminating the agreement if it has a term of more than one year or is indefinite.

In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the condition of sufficient availability of the products.

Article 6 – Right of Withdrawal

For product purchases, the consumer may cancel the agreement within 14 days without providing reasons. This period starts the day after the consumer or their designated representative receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully and only unpack or use it as needed to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all accessories and original packaging to the entrepreneur, following clear instructions.

If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days of receipt via written message/email. They must return the product within 14 days of this notification, proving the product was returned on time with a proof of shipment.

If the consumer has not notified or returned the product within the periods mentioned, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, return shipping costs are the consumer’s responsibility.

If the consumer has paid, the entrepreneur will refund this amount as soon as possible, no later than 14 days after withdrawal, provided the product has been returned or conclusive proof of return is provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products listed in paragraphs 2 and 3, provided this is stated in the offer or before the agreement is concluded.

Exclusion is only possible for products:

  • made to consumer specifications;
  • clearly personal;
  • that cannot be returned due to their nature;
  • that spoil or age quickly;
  • for newspapers and magazines;
  • for audio/video recordings and software if the seal is broken;
  • for hygiene products if the seal is broken.

Exclusion is only possible for services:

  • related to accommodation, transport, restaurant, or leisure activities for a set date;
  • with explicit consent before the cooling-off period expires;
  • for betting and lotteries.

    Article 9 – The Price

    During the validity period 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.

    Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any prices mentioned may be indicative will be stated in the offer.

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

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

    1. these result from statutory regulations or provisions; or
    2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

    The place of delivery is determined under Article 5, first paragraph, of the Sales Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will charge the customer for import VAT or clearance costs. Therefore, no VAT will be charged by the entrepreneur.

    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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 meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed upon, 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 affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

    Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returns of products must be made in the original packaging and in new condition.

    The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or as stated on the packaging;
    • The unsoundness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the applied materials.

    Article 11 – Delivery and Execution

    The entrepreneur will exercise the utmost care in receiving and executing orders for products.

    The place of delivery is the address that the consumer has communicated to the company.

    Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and has the right to any compensation.

    In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after termination.

    If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably indicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are for the account of 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

    Article 12 – Duration Transactions: Duration, Termination, and Renewal

    Termination

    The consumer may terminate an agreement that is entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

    The consumer may terminate an agreement that is entered into for a fixed period and which aims at the regular delivery of products (including electricity) or services at any time against the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

    The consumer can terminate the agreements mentioned in the previous paragraphs:

    • at any time and is not limited to termination at a specific time or during a specific period;
    • at least in the same manner as they were entered into by them;
    • always with the same notice period as the entrepreneur has stipulated for themselves.

    Renewal

    An agreement entered into for a fixed period that aims at the regular delivery of products (including electricity) or services may not be renewed or extended tacitly for a fixed duration.

    Notwithstanding the previous paragraph, an agreement entered into for a fixed period that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be extended tacitly for a fixed duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.

    An agreement entered into for a fixed period that aims at the regular delivery of products or services may only be renewed tacitly for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement aims at the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.

    An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will automatically end after the trial or introductory period.

    Duration

    If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination 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 an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

    The consumer is obliged to promptly report any inaccuracies in the provided or mentioned payment details to the entrepreneur.

    In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs communicated to the consumer in advance, subject to legal restrictions.

    Article 14 – Complaints Procedure

    Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

    If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.

    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, at their discretion, either replace the delivered products free of charge or repair them.

    Article 15 – Disputes

    Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.