GENERAL TERMS & CONDITIONS
Please read the following Terms & Conditions carefully before using the Website.
By accessing any part of the Website, you shall be deemed to have accepted these Terms & Conditions in full.
We may revise these Terms & Conditions at any time by posting an update on the website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms & Conditions and they shall be binding on you. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were updated in December 2022
Article 1. Identity of the company TOOOLbox V.O.F.
Chamber of Commerce nr: 08164630
Article 2. Applicability
2.1 accepting an offer or placing an order implies the applicability of these conditions.
2.2 the provisions in these conditions may be waived only in writing, in which case the remaining provisions remain in force.
2.3 all rights and claims, as in these conditions and any further agreements for TOOOLbox are stipulated, are also stipulated for by TOOOLbox intermediaries and other third parties.
Article 3. Offers/agreements
3.1 agreements between you and TOOOLbox are made after written or oral acceptance by TOOOLbox. Whether or not to send an order confirmation from TOOOLbox affects the existence of the agreement.
3.2 all offers are without engagement and TOOOLbox has the right to change prices, especially when under (legal) regulations.
3.3 after the agreement has been concluded via the website, TOOOLbox will immediately send the customer a confirmation via e-mail. This confirmation e-mail contains the order number and other details of the customer's order. If the customer has not received a confirmation e-mail from TOOOLbox, the customer must contact TOOOLbox. As long as the customer has not received a confirmation e-mail, the customer can dissolve the agreement
an agreement only comes after acceptance of your order by TOOOLbox. TOOOLbox is entitled to refuse orders or add special conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, TOOOLbox will communicate this within ten (10) working days after receipt of the order.
Article 4. Prices and payments
4.1 the prices for the offered products and services are in euro, exclusive of VAT and exclusive of handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. All trend and forecast products, surfaces and other customized products, TOOOLbox uses a high VAT rate of 21%.
4.2 the costs of the products will be paid in advance. After payment the product will be sent within 5 working days (unless otherwise agreed)
4.3 payment can be made on (one of) the ways indicated during the ordering process.
4.4 final Shipping options and prices will be updated during checkout. Shipping costs are incl. VAT.
Article 5. Delivery, Shipping and Returns
5.1 supply by TOOOLbox takes place with due speed but at least within thirty (30) days after order, unless otherwise specified by TOOOLbox. If delivery takes place in time, you will receive within one week after placing the order message and you have at the time of delivery the right to dissolve the agreement free of charge by written communication to TOOOLbox. Exceeding the delivery period does not entitle you to compensation.
5.2 supply takes place at the time that the product you receive by (or on behalf of) is taken.
5.3 delivery shall be made at home or PO box by the PostNL/UPS or other delivery company. From the moment of delivery, the risk is for the client. If TOOOLbox can demonstrate that the product is sent to the client, TOOOLbox has met its obligation to deliver.
5.4 the delivery times publicized by TOOOLbox are always approximate and are never firm dates.
5.4 delivery in the form of unique surface swatches, digital PDF-links or custom made products can never be returned or exchanged. At return TOOOLbox is not required to refund the purchase price to the client.
5.5 unsealed trend & forecast books can never be returned. At return TOOOLbox is not required to refund the purchase price to the client.
Article 6. Complaints and liability
6.1 you have the obligation to inspect the products immediately upon receipt. Any defects must be notified within three (3) days after discovery in writing to TOOOLbox.
6.2 if a products does not meet the agreement, TOOOLbox can choose a products to replace it.
6.3 returns are only accepted if the product is undamaged and after agreement of TOOOLbox. Received payment by TOOOLbox shall be refunded within thirty (30) days.
6.4 TOOOLbox is not liable for loss of any kind suffered by you or any third party, either directly or indirectly, due to the fact that it is delivered by TOOOLbox violates and/or is not suitable for what you intended, except in the case of intent or gross neglect on the part TOOOLbox.
Article 7. Force Majeure
7.1 without prejudice to the other rights due to his TOOOLbox in cases of force majeure, has the right to, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, to communicate this in writing by you and this without being held to any compensation TOOOLbox, unless in the circumstances according to the standards of reasonableness and fairness would be unacceptable.
7.2 force majeure means any shortcoming which can be allocated to TOOOLbox, not because he is not due to his fault and not under the law, legal act or generally accepted on his behalf.
8. Property rights & copyrights
8.1 in terms of the use of Website Content, all intellectual property rights of TOOOlbox design materials are reserved by TOOOLbox.
8.2 you agree that in using TOOOLbox materials you shall (except where agreed in writing with TOOOLbox) use them only in accordance with the following permitted uses:
viewing them on a computer screen and printing not more than one copy of them (and not further copying them): where and to the extent (only) that permission to download and store them is granted in the relevant of TOOOLbox.
Downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it.
For the avoidance of doubt, you agree not to distribute, reproduce or modify, store, transfer or in any way us any of the TOOOLbox material others than as set out above.
Not create a database (electronic or otherwise) that includes any TOOOLbox material and not disseminate on the Website or use TOOOLbox material.
8.3 all images, colours or products shown in the book or on the website are approximate and are only by way of indication of the product in question.
The product/surfaces delivered to the customer is made by hand) and can (for this reason) deviate to a certain extent from the images or specifications (for example, colour difference) which does not result in that the product does not comply with the agreement. Minor deviations cannot be ruled out for handmade products.
8.4 the colours in the trendbook are printed with care but are a reference. TOOOLbox will not be responsible for misprints or dissimilarity, so check them careful.
Article 9. Miscellaneous
9.1 if one or more of the provisions of these terms and conditions or any other agreement with TOOOLbox in violation with any applicable legal provision, the relevant provision will lapse and will be replaced by a new fix TOOOLbox similar provision.
Article 10. Applicable law and competent court
10.1 all rights, obligations, offers, orders and agreements to which these conditions apply, as well as to those conditions, is exclusively Dutch law is applicable.
10.2 All disputes between parties will be submitted to the competent court in Netherlands.
If you have any questions or suggestions about our Terms & Conditions, do not hesitate to contact us: firstname.lastname@example.org