Terms & Conditions

Contents:

Article 1 – Definitions
Article 2 – Identity of the contractor
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Long-term transactions
Article 13 – Payment
Article 14 – Complaint handling
Article 15 – Disputes
Article 16 – Additional or alternative provisions

Article 1 – Definitions

The following terms shall be applied in these General Conditions:
1. Time for reflection: the period during which the consumer may make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the carrying out of a profession or a business and enters into a distance contract with the contractor;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services of which the obligation to deliver and/or purchase is spread over time;
5. Sustainable data carrier: any means by which the consumer or the contractor can record his personal information in such a way as to enable its future consultation and unchanged reproduction;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Contractor: the natural or legal person offering the distance products and/or services to consumers;
8. Distance contract: an agreement whereby use is made exclusively of one or more distance communication techniques in the context of a system organized by the contractor for distance sales of products and/or services up to and including closing the agreement;
9. Remote communication technique: a means that can be used for closing an agreement without consumer and contractor meeting one another;

Article 2 – Identity of the contractor

TreeTech BV
trading under the name: Tree
Registered address:
Turfmarkt 11

Telephone number: +316-10524678

The costs of this call shall be EUR 0.25 per minute with a maximum of EUR 12.50 per call. Your provider shall make an extra charge if you call by mobile phone. These extra costs are shown on your mobile telecommunication service provider’s website.

Reachability: Monday to Friday - 09.00 till 5.00 CET
e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Chamber of Commerce registration No.: 66138272
VAT ID No.: 
NL856411140B01

 

Article 3 – Applicability

1. These General Conditions shall apply to any offer from the contractor and to any remote contract concluded between the contractor and the consumer.
2. These General Conditions shall be forwarded to the consumer before the remote contract is concluded. If this is not reasonably possible, it shall be stated, before the remote contract is concluded, that the General Conditions shall be available for consultation on the contractor’s premises and shall be forwarded as soon as possible free of charge at the consumer’s request.
3. If the remote contract is concluded electronically, in departure from the previous paragraph and prior to the remote contract being concluded, these General Conditions can be sent electronically to the consumer in such a way that the consumer is able to save these easily on a sustainable data carrier. If this is not reasonably possible, it shall be stated before the remote contract is concluded, where the General Conditions are available for consultation electronically and that these shall be forwarded to the consumer on request free of charge, electronically or otherwise,
4. If specific product or service conditions shall apply as well as these General Conditions, the second and third paragraph shall apply by analogy and the consumer may at any time, in the event of conflicting General Conditions, appeal to the respective condition that best suits his purposes.

Article 4 – The offer

1. If an offer has a limited liability or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer shall include a full and accurate description of products and/or services offered. The description shall be sufficiently described to enable the consumer to make a proper assessment of the offer. If the contractor uses illustrations, these shall be a faithful portrayal of the products and/or services offered. The contractor shall not be bound by clear miscalculations or clear errors.
3. Each offer shall contain such information as to be clear for the consumer what the rights and obligations are that are linked to accepting the offer. These shall include in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement shall be concluded and what actions this shall require;
• whether or not a right of withdrawal applies;
• the method of payment, delivery and carrying out the agreement;
• the deadline for accepting the offer or the deadline within which the contractor shall guarantee the price;
• the rates for remote communication if the costs for using the remote communication technology are calculated on another basis than the regular base rate for means of communication used;
• whether the agreement shall be archived following conclusion and if so, how this will be available for consultation by the consumer;
• the manner in which the consumer, prior to concluding the agreement can check and if necessary correct the details provided by him in the context of the agreement;
• any other languages as well as Dutch in which the agreement may be concluded;
• the codes of conduct to which the contractor is obliged and the manner in which the consumer may consult these codes of conduct electronically;
• the minimum duration of the remote contract in case of a long-term transaction.

Article 5 – The agreement

1. The agreement shall be concluded subject to paragraph 4 on acceptance of the offer by the consumer and on fulfilment of the respective conditions;
2. If the consumer has accepted the offer electronically, the contractor shall confirm acceptance of the offer electronically without delay. The consumer may dissolve the agreement as long as the contractor has not confirmed receipt of this acceptance.
3. If the agreement is concluded electronically, the contractor shall take technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. The contractor shall take the appropriate security measures if the consumer is able to pay electronically.
4. The contractor may gain information – within legal parameters – as to whether the consumer can satisfy his payment obligations as well as all the facts and factors that are of importance for responsible conclusion of the remote contract. If the contractor has good reasons not to enter into the agreement based on this research, he shall be entitled to refuse an order or request, providing reasons for this, or attach special conditions to its carrying out.
5. The contractor shall send the consumer the following information relating to the product or service, in writing or in such a manner as to enable the consumer to store this in an accessible manner on a sustainable data carrier:
a. The visiting address for the contractor’s branch where the consumer can address his complaints
b. The conditions under which and the manner in which the consumer may avail himself of his right of withdrawal or a clear announcement as to the exclusion of the right of withdrawal
c. The information as to guarantees and existing after sales service
d. The details stated in article 4, paragraph 3 of these conditions unless the contractor has forwarded these details to the contractor before carrying out the agreement
e. The requirements for terminating the agreement if the agreement is for more than one year or is for an indefinite period
6. In the case of a long-term transaction, the previous paragraph shall only apply to the first delivery.

Article 6 – Right of withdrawal

Delivery of products:

1. On purchasing products, the consumer shall have the possibility of dissolving the agreement within 14 days without stating the reasons. This cooling-off period shall commence on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and notified to the contractor.
2. The consumer shall handle the product and the packaging with care during the cooling-off period. He shall only unpack or use the product to the extent that he deems necessary in order to decide whether he wishes to keep the product. If he wishes to avail himself of his right of withdrawal, he shall return the product with all delivered accessories and if reasonably possible, in its original condition and packaging to the contractor in accordance with the reasonable and clear instructions issued by the contractor.

Delivery of services:
3. In case of delivery of services, the consumer shall have the possibility of dissolving the agreement without stating the reasons for this within at least 14 days from the date of entering into the agreement.
4. In order for the consumer to avail himself of his right of withdrawal, he shall conform to the reasonable and clear instructions issued by the contractor at the time of the offer and/or no later than delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer avails himself of his right of withdrawal, he shall at most be liable for the costs of returning the goods.
2. If the consumer has paid any amount, the contractor shall repay this amount as soon as possible but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. The contractor may exclude the consumer’s right of withdrawal as far as provided for under paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the contractor states this in the offer or at least in good time before concluding the agreement.
2. The exclusion of the right of withdrawal shall only apply for products:
a. produced by the contractor in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that can quickly perish or become obsolete;
e. of which the price is linked to fluctuations on the financial market over which the contractor has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software and of which the consumer has broken
the seal;
3. The exclusion of the right of withdrawal shall only apply for services:
a. regarding accommodation, transport, restaurant expenses or leisure activities on a certain date or during a certain period;
b. of which the delivery has begun with the express approval of the consumer before expiry of the cooling-off period;
c. regarding competitions and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products offered and/or services shall not be increased apart from price increases as a result of changes in VAT rates.
2. In departure from the previous paragraph, the contractor may offer products or services of which the prices are linked to fluctuations on the financial market over which the contractor has no influence at variable prices. This link to fluctuations and the fact that any prices stated shall be recommended prices shall be stated in the offer.
3. Price increases within three months of concluding the agreement shall only be approved if these are the result of the legal provisions or conditions.
4. Price increases from three months of approval of the agreement shall only be permitted if the contractor has stipulated this and:
a. these are the result of legal provisions or conditions;
b. the consumer is authorized to terminate the agreement with effect the day on which the price increase takes effect.
 5. The prices stated in the offer of products or services shall include VAT.

Article 10 – Conformity and guarantee

1. The contractor shall ensure that the products and /or services shall fulfil the agreement, the specifications stated in the offer, the reasonable demands of good quality and/or usability and the legal and/or other government conditions prevailing on the date of concluding the agreement. If agreed, the contractor shall also ensure that the product is suitable for other than normal use.
2. A guarantee provided by the contractor, manufacturer or importer shall not detract from the legal rights and demands that the consumer may be able to assert against the contractor based on the agreement.

Article 11 – Delivery and execution

1. The contractor shall take the greatest care in receiving and carrying out orders of products and assessing requests for the provision of services.
2. The place of delivery shall be the address stated by the consumer to the company.
3. Bearing in mind that stated in article 4 of these General Conditions, the company shall carry out accepted orders with competent speed within 30 days unless a longer period has been agreed. If the delivery is delayed or if the order cannot be carried out or only partially, the consumer shall be informed of this within 30 days of placing the order. The consumer shall in this case be entitled to dissolve the agreement at no expense as well as a right to compensation.
4. In case of dissolution in accordance with the previous paragraph, the contractor shall repay the amount paid by the consumer as quickly as possible and within 30 days of dissolution.
5. If the delivery of an ordered product is impossible, the contractor shall endeavour to provide a replacement article. It shall be stated no later than on delivery and in a clear and understandable manner that a replacement article is being delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The contractor shall bear the costs of any returns.
6. The risk of damage and/or loss of products shall rest with the contractor up to the point of delivery to the consumer or a pre-appointed representative of which the contractor has been notified beforehand unless expressly agreed otherwise.

Article 12 – Long-term transactions

1. The consumer may at any time give notice to terminate an agreement entered into for an indefinite period subject to the agreed notice rules and a notice period of up to one month.
2. An agreement entered into for a fixed period shall run for a maximum of two years. If it has been agreed that the agreement shall be remotely extended in the case of non-response by the consumer, the agreement shall be continued for an indefinite period and the period of notice following continuance of the agreement shall be a maximum of one month.

Article 13 – Payment

1. The amounts owed by the consumer shall be paid within 14 days of the start of the cooling-off period as provided for in article 6, paragraph 1 unless agreed otherwise. This period shall start after the consumer has received the confirmation of the agreement in the case of an agreement for the provision of services.
2. An advance payment or more than 50 per cent may never be demanded in the General Conditions with respect to the sale of products to consumers. Whenever advance payment is demanded, the consumer may not assert any right with respect to the carrying out of the respective order or service(s) before the demanded advance payment has taken place.
3. The consumer shall be obliged to notify the contractor without delay of any inaccuracies in the payment details provided or stated.
4. In the event of non-payment by the consumer, the contractor shall be entitled, subject to legal provisions, to charge the consumer the reasonable costs of which he has been informed in advance.

Article 14 – Complaint handling

1. The contractor shall have a complaints procedure of which all parties are sufficiently aware and shall handle all complaints according to this procedure.
2. Complaints regarding the carrying out of the agreement shall be submitted to the contractor, described in good time, completely and clearly after the consumer has noticed the defects.
3. Complaints submitted to the contractor shall be answered within 14 days from the date of receipt. If it anticipated that a complaint requires more time to process, the contractor shall receive a response within 14 days with notification of receipt and an indication as to when the consumer may expect a more detailed response.

4. If a complaint cannot be solved by mutual consultation, such dispute may be subject to dispute settlement.

Article 15 – Disputes

The agreements between the contractor and the consumer to which these General Conditions apply shall be governed exclusively by Dutch law.

Article 16 – Additional or alternative provisions

 

Additional or alternative provisions to these General Conditions shall not prejudice the consumer and shall be established in writing or in such a way that the consumer is able to store these in an accessible manner on a sustainable data carrier.

© 2016 TreeTech BV. All Rights Reserved.