Terms and conditions

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Long-term transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Supplementary or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of their right of withdrawal; Read all about the cooling-off period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur provides and which a consumer can fill in when they want to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
10. Means of distance communication: a method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

AKG/AGF Industrie B.V. h.o.d.n. TummyTub
18 Nickel Street
1411 AK Naarden
The Netherlands

T (035) 694-5545
E info@tummytuboriginal.com
KVK 32072590
VAT number NL807854992B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
3. If the distance contract is concluded electronically, the text of these terms may, in deviation from the previous paragraph and before the contract is concluded, be provided electronically in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be consulted electronically and that they will be sent free of charge upon request.
4. If specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in case of conflicting terms, the consumer may always rely on the provision most favorable to them.
5. If one or more provisions are null and void or annulled, the agreement and the remaining provisions will remain in force and the relevant provision will be replaced in mutual consultation with one that approximates the original intent as closely as possible.
6. Situations not covered by these terms must be assessed “in the spirit” of these terms.
7. Ambiguities regarding interpretation shall also be explained “in the spirit” of these terms.

Article 4 – The offer

1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow proper assessment by the consumer. If images are used, they are a true representation of the products/services. Obvious mistakes or errors are not binding.
4. All images and specifications are indicative and cannot give rise to compensation or dissolution.
5. Images of products are a true representation, but colors may differ from reality.
6. Each offer contains sufficient information so that the consumer understands the rights and obligations, including:

price including taxes;
possible shipping costs;
how the agreement will be concluded;
whether the right of withdrawal applies;
payment, delivery and execution method;
acceptance period or price guarantee period;
communication costs (if different from standard rates);
whether the agreement is archived and accessible;
how the consumer can check and correct their data;
available languages;
applicable codes of conduct;
minimum duration in case of a long-term transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, on the basis of this investigation, has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
5. The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

1. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
2. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In case of delivery of products:

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by means of another communication method such as e-mail. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur after expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

In case of delivery of services:

1. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons during at least 14 days, commencing on the day of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop or conclusive proof of complete return shipment can be provided. Repayment shall be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product when not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:
  - - concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
  - - of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
  - - concerning betting and lotteries.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes as a result of changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement as from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect.
4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is, however, never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed of this at the latest 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and understandable manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. 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 made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal

Termination

1. The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer may at any time terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the fixed duration, with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal

1. An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
2. In deviation from the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of at most one month.
3. An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery for introductory purposes of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of non-payment by the consumer, the entrepreneur has, subject to legal limitations, the right to charge the reasonable costs made known in advance to the consumer.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), this will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the ruling of this is binding and both entrepreneur and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Supplementary or deviating provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.