1. In General
• These general terms and conditions apply to all offers, orders and agreements of Twisterbeads. Twisterbeads has its office on Prins van Oranjestraat 2, 5821 BM Vierlingsbeek (NL). Twisterbeads is registered at the chamber of commerce under number 56739370 and VAT number NL147818916B01. "Website" the website of Twisterbeads where the range of products of Twisterbeads is shown and private persons and companies can place their orders. "Product" the product that has to be delivered to the buyer, within an agreed time period, and for which the buyer pays an agreed price. "Buyer" the customer that concludes an agreement with Twisterbeads. The general terms and conditions are accessible to everyone and can be consulted on the website twisterbeads.nl. We can send a printed copy, on your request.
• Placing an order implicitly means you accept the terms of delivery and payment. Twisterbeads reserves the right to change the terms of delivery and payment once the agreed time has elapsed and reserves the right to change the content of the website.
• Twisterbeads guarantees that the delivered product is in compliance with the agreement and the specifications, as stipulated on the website.
• The specifications in these general terms and conditions can only be modified when explicitly agreed upon in writing and in which case the remaining specifications of these general terms and conditions still apply.
• Products will be delivered as long as stock lasts.
• The duration of delivery mounts to 2-4 working days, if the product is available in stock, and unless it is stipulated otherwise on the Twisterbeads website. The suggested duration of delivery should be considered as an indication, and not as a fatal term.
• The durations mentioned on the website are to be used as an indication. No rights can be acquiered fom the durations mentioned.
• When the agreed term of delivery has been exceeded by Twisterbeads , on what grounds whatsoever, Twisterbeads will immediately notify the buyer in writing (via e-mail). In that case, the buyer holds the right to end, in writing (via fax, letter or email), the agreement with Twisterbeads.
• Any payments that have already been made by the buyer will be refunded into the buyers bank or Giro bank account as soon as possible, but in any case within fourteen (14) working days after the day Twisterbeads has received the request for dissolution, mentioned in the article above (article 2.4).
• Twisterbeads reserves the right to split up the order of the buyer, so that the order is divided in two or more shipments.
• All prices mentioned on the website are in euro and include taxes (VAT). For each offer, a contribution to the transaction and shipments costs will be taken into account, as stated in the "payment" section at Twisterbeads.nl, unless stipulated otherwise or agreed upon in writing.
• Prices will not be increased within the duration of the offer, unless legal measures necessitate this or the manufacturer increases his prices meanwhile.
• All prices mentioned on the website are subject to typing errors and misprints. Twisterbeads is not liable for the consequences of typing errors and misprints.
4 Cooling-off period
• After the buyer has received his or her ordered product, the buyer has the jurisdiction to dissolve the agreement with Twisterbeads within seven (8) working days after receiving this product. The buyer has to notify Twisterbeads in writing before sending back the product.
• If the buyer wishes to dissolve the agreement in accordance with article 4 of these general terms and conditions, the buyer has to notify Twisterbeads in writing (via e-mail, letter or fax). The buyer has to send the product, after consideration with Twisterbeads , to a fixed return address, stipulated by Twisterbeads . In this case, the buyer himself is responsible for the shipment costs and the risks that come with the shipment.
• Any payments that have already been made by the buyer, at the moment the buyer dissolves the agreement with Twisterbeads in accordance with article 4 of these general terms and conditions, will be refunded to the buyer by Twisterbeads within fourteen (14) working days after Twisterbeads has received the product, returned by the buyer. The shipping costs made by Twisterbeads for sending the product to you, will be deducted. So you will receive your payment minus the shipping costs.
• Twisterbeads reserves the right to refuse products that have been returned, and reserves the right to decide to refund only part of the payment made, when Twisterbeads suspects that the product has already been opened or used or when the product has been damaged by the buyer (through no fault of Twisterbeads or the deliverer of the product).
• Twisterbeads judges that a returned product has been damaged, due to an act of or negligence by the buyer, or as a result from a risk for which the buyer has to account for, Twisterbeads shall notify the buyer of this in writing (via e-mail). Twisterbeads reserves the right to deduct the depreciation of the product as a result of this damage from the amount that has to be refunded.
5 Data Management
• If you place an order with Twisterbeads , your personal information is registered in the list of customers of Twisterbeads . Twisterbeads complies with the law relating to the registration of personal data and will not give your personal data to third parties.
• Twisterbeads respects the privacy of the websites users and guarantees your personal data will be dealt with confidentially.
• Twisterbeads guarantees that the delivered products are in compliance with the agreement and the specifications mentioned in the offer, and accepts responsibility for the manufacturers guarantee of the product delivered to you.
• The warranty period issued by Twisterbeads corresponds with the warranty period issued by the factory. This guarantee is not valid in case the deficiency is a result of 1. negligent treatment or 2. intentional damages or 3. inadvertence.
• The guarantee claim expires if repair and other services than stipulated by the manufacturer carry out repairs and other activities to the product.
• An agreement between Twisterbeads and a buyer is reached after the feasibility of an order or assignment has been assessed by Twisterbeads.
• Twisterbeads reserves the right to be allowed not to accept any order or assignment without having to specify a reason, or not to accept unless the payment is made before the shipment.
8 Images and specfications
• All images, photographs, drawings, etc. and (technical) specifications, like data concerning weights, measurements, colours, information, etc. on the website of Twisterbeads are indicative and cannot be used as a reason to claim damages or to dissolve the agreement.
9 Force Majeure
• Twisterbeads cannot be held liable, in case Twisterbeads can't fulfill its commitments due to force majeure.
• Force majeure comprises every strange cause, as well as every circumstance, that a risk does not enclose in reasonable circumstances. Delay because of or default of our supply company, transport difficulties, work strikes, governmental measures, delivery delays, negligence of supply companies and/or manufacturers of Twisterbeads , as well sick personnel, and deficiencies in resources and means of transportation are explicitly specified as forces majeure.
• Twisterbeads reserves the right to dissolve its obligations in case of force majeure and also reserves the right to dissolve the agreement, entirely of partially, or demand that the content of the agreement is modified so that the realization of the agreement remains feasible. In none of the above forces majeure, Twisterbeads has to pay any fine or claim for damages.
• Twisterbeads can't be held liable in any way for misunderstandings, damages, delays or the fact that orders and announcements did not come through entirely clear as a result from the use of internet or any other mean of communication in the communication between the buyer and Twisterbeads , as well as between Twisterbeads and third parties as long as that communication concerns the relation between the buyer and Twisterbeads.
• All complaints concerning the delivery, quality or state of the product or any other complaint, will be dealt with seriously by Twisterbeads.
• Twisterbeads will try to solve the complaint within ten (10) working days after receiving the complaint. Twisterbeads will keep the buyer informed in writing (via e-mail).
12. Different steps for exchanging and returning
• The product that the buyer wishes to return, is to be returned undamaged to Twisterbeads in the original packaging. The buyer is responsible for the shipping costs to return the product. In case of dissolution, Twisterbeads will refund the payments made within fourteen (14) days after the vzw has received the returned product. The shipping costs made by Twisterbeads for sending the product to you, will be deducted. So you will receive your payment minus the shipping costs.
• How to return a product?
Step 1: You notify our customer service that you wish to return a product. You can send your request to: firstname.lastname@example.org
Step 2: You receive an e-mail in which we confirm the registration of your request and stipulate the different steps to return your product to us. The shipping costs to return the product are at your expense.
Step 3: After Twisterbeads has received your product, we send you a confirmation e-mail.
Step 4: After we have well received and carefully inspected your product, we exchange it, as long as it is available in stock, or give a refund for the purchase price within 14 days.
13 Personal data
• The personal data that have been entered by the buyer, will be registered in a data base. These data will be used to meet the buyers order. These data will not be distributed to third parties.
• The personal data of the buyer will be entered in a central data base of Twisterbeads, unless the buyer has stipulated that the buyer does not want this. These data will be used to keep the buyer up-to-date regarding the affairs and services by Twisterbeads . These data will be handled in compliance with the applicable laws and regulations.
• If he wants to, the buyer can look into the data about the buyer Twisterbeads has entered in the Twisterbeads file. The buyer reserves the right to ask to modify the data, if these are incorrect.
14 Intellectual and industrial rights of ownership
• The buyer complies himself to respect all intellectual and industrial rights of ownership that arise from Twisterbeads.
· All information and photos are property of Twisterbeads and it's not allowed to use photos, text or other information from this site without explicit approval from Twisterbeads.
• Twisterbeads does not guarantee that the
products, delivered to the buyer, do not infringe any intellectual and
industrial right of ownership of a third party, and does not accept any
liability in case a third party lays claim based upon the statement that with a
product delivered by Twisterbeads , any rights of a third party are violated.
• If the buyer informs Twisterbeads in writing of an address, Twisterbeads reserves the right to send all orders to that stipulated address, until the buyer gives notice of a new address.
• Twisterbeads reserves the right to make an appeal to a third party to meet the buyers order(s).
16 Applicable law and regulation in case of dispute
• The Dutch law applies to all offers, orders and agreements of Twisterbeads.
• Disputes, resulting from an agreement between Twisterbeads and the buyer, that cannot be solved amongst themselves, fall under the jurisdiction of the authorized judge within the district of ´s Hertogenbosch, unless Twisterbeads prefers to present the dispute to the authorized judge of the city of the buyer, with the exception of the disputes that fall under the competence of the cantonal judge.