Terms and Conditions
GENERAL TERMS AND CONDITIONS
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
TUSH: Based in Amsterdam and registered with the Chamber of Commerce under file number 34350386, trading as TUSH.
Website: The Website of TUSH, to be found on tushbrushes.com and all of its subdomains.
Client: The natural person not acting in the performance of a profession or business who enters into an agreement with TUSH and/or is registered on the Website.
Agreement: Any arrangement or agreement between TUSH and the Client of which the General Terms and Conditions are an integral part.
General Terms and Conditions: These General Terms and Conditions.
Applicability of the General Terms and Conditions
The General Terms and Conditions apply to all offers, agreements and deliveries of TUSH, unless explicitly agreed otherwise in writing.
If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon TUSH if and in so far as TUSH has accepted them in writing.
In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the Client can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Prices and information
All prices posted on the Website and in other materials originating from TUSH include taxes and other levies imposed by the government, unless stated differently.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
The content of the Website is composed with the greatest care. TUSH cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from TUSH are subject to obvious programming and typing errors.
TUSH cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Conclusion of the Agreement
The Agreement will be deemed to be concluded at the moment the Client accepts the offer of TUSH subject to the conditions laid down by TUSH.
If the Client has accepted the offer by electronic means, TUSH will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, TUSH will have the right to demand fulfilment of the Client’s obligations until the correct data is received.
TUSH has the right to refuse orders from clients that act in the exercise of their profession or business.
To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
The Client must keep its login credentials, user name and password strictly confidential. TUSH cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change it’s password as soon as possible and/or to notify TUSH accordingly so as to allow TUSH to take appropriate measures.
Execution of the Agreement
As soon as TUSH has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
TUSH is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
If TUSH is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
TUSH advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
If the ordered product can no longer be supplied, TUSH is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
Right of withdrawal
1. The Client will have the right to dissolve the distance Agreement with TUSH within 14 calendar days after receiving the product, free of charge and without stating reasons. This commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
– if the delivery of a product involves different deliveries or parts: the day on which the Client, or a third party designated by the Client, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which the Client, or a third party designated by the Client, received the last product;
- if the Client has ordered several products: the day on which the Client, or a third party designated by the Client, received the last product.
Only the direct costs incurred for the return shipment are for the Client’s account. This means that the Client will have to pay the costs of returning the product. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. The Client is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in.
The Client can dissolve the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in order form) to TUSH, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If TUSH makes it possible for the Client to declare his withdrawal via electronic/digital means, then after receiving such a declaration, TUSH sends immediate confirmation of receipt. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the Client shall return the product, or hand it over to (a representative of) TUSH. The Client can send the product directly to TUSH without a notice of withdrawal in advance within the period as mentioned in paragraph 1 the Client must in this case, include a written notice of withdrawal, such as the model return form. Products can be returned to the following address:
1074 HB, Amsterdam
Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 14 days after dissolution of the Agreement. If the Client chose an expensive method of delivery in preference to the cheapest standard delivery, TUSH does not have to refund the additional costs of the more expensive method.
Except in cases in which TUSH has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the Client proves he has returned the product, depending on which occurs earlier.
Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
The Client shall pay the amounts due to TUSH in accordance with the ordering procedure and any payment methods indicated on the Website. TUSH is free to offer any payment method of its choice and may change these methods at any time.
By accepting the terms and conditions and clicking the ‘place order’ button in the checkout procedure, you commit to a legally binding contract to purchase the item(s) in your order.
Warranties and conformity
TUSH warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, TUSH will also warrant that the product is suitable for purposes other than its normal use.
Any warranties offered by TUSH, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.
If the delivered product fails to satisfy the Agreement, the Client can notify TUSH accordingly within a reasonable period of time after discovering the defect.
If TUSH deems the complaint to be well-founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. The refund cannot exceed the price paid for the product by the Client. This article will not preclude the Client’s right to claim damages, if applicable.
Complaints handling procedure
If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of TUSH’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
TUSH will respond to the complaint as soon as possible, and in any case within 2-5 business days after having received it. If it is not yet possible for TUSH to formulate a substantive reaction to the complaint by that time, TUSH will confirm receipt of the complaint within 2-5 business days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
TUSH will process the Client’s personal details in accordance with the privacy statement published on the Website.
This agreement is governed by the laws of the country of establisment of the webshop.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where TUSH has its registered office.
If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
1074 HB Amsterdam
Chamber of Commerce 34350386