TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Article 1 – Definitions  

  1. Tracy Appiah, established in Almere, Chamber of Commerce no. 87539608
  2. Customer: the party which Tracy Appiah has entered into an agreement with.
  3. Parties: Tracy Appiah and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Article 2 – Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries on services or products by or on behalf of Tracy Appiah.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer of third parties.

Article 3 – Prices

  1. All prices used by Tracy Appiah are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Tracy Appiah is entitled to adjust all prices for its products or services, shown it in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Tracy Appiah could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Article 4 – Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the samples or model.

Article 5 – Payments, payment terms and consequences of late payment

  1. Tracy Appiah may, at the conclusion of the agreement, require a full payment through the web shop. In special occasions when it comes to reservations, Tracy Appiah may require a down payment. In that case, the customer will receive a proof of payment.
  2. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, is legally in default, without Tracy Appiah having to send the customer a reminder or put him in default.
  3. Tracy Appiah reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
  4. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Tracy Appiah
  5. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  6. If the customer does not pay on time, Tracy Appiah may suspend its obligations until the customer has met his payment obligation.
  7. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Tracy Appiah on the customer are immediately due and payable.
  8. If the customer refuses to cooperate with the performance of the agreement by Tracy Appiah, he is still obliged to pay the agreed price to Tracy Appiah.

Article 6 – Right of recovery goods

  1. As soon as the customer is in default, Tracy Appiah is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Tracy Appiah invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right or recovery, the customer must immediately return the products concerned to Tracy Appiah, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of products are at the expense of the customer.

Article 7 – Right of withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 without giving any reason, provided that:
  2. The product has not been used
  3. The product is not specially tailored for the consumer or adapted to its special needs
  4. The consumer his not renounced his right of withdrawal
  • The cooling-off period of 14 days referred to in paragraph 1 commences on the day the consumer has received the product.
  • The consumer can notify his right of withdrawal via info@tracyappiah.com, if desired by using the withdrawal form that can be downloaded via the website of Tracy Appiah, www.tracyappiah.com.
  • The consumer is obliged to return the product to Tracy Appiah within 14 days after the notification of his right of withdrawal, after which period is his right of withdrawal will lapse.

Article 8 – Retention of title

  1. Tracy Appiah remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Tracy Appiah under whatever agreement with Tracy Appiah including of claims regarding the shortcomings in the performance.
  2. Until then, Tracy Appiah can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Tracy Appiah invokes its retention of title, the agreement will be dissolved and Tracy Appiah has the right to claim compensation, lost profits and interest.

Article 9 – Delivery

  1. Delivery takes place while stocks last.
  2. Delivery of products ordered online takes place at the address indicated by the customer.
  3. If the agreed price is not paid on time, Tracy Appiah has the right to suspend its obligations until the agreed price is fully paid.
  4. In the event of late payment, the customer is automatically in default, and hereby cannot object to late delivery by Tracy Appiah

Article 10 – Delivery period

  1. Any delivery period specified by Tracy Appiah is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Tracy Appiah.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or right to terminate the contract, unless Tracy Appiah cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Article 11 – Transports costs

Transport costs are paid by the customer, unless the parties have agreed upon on otherwise.

Article 12 – Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Tracy Appiah may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Tracy Appiah, failing which Tracy Appiah cannot be held liable for any damage.

Article 13 – Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the event of normal tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Article 14 – Indemnity

The customer indemnifies Tracy Appiah against all third-party claims that are related to the products and/or services supplied by Tracy Appiah

Article 15 – Complaints and giving notice

  1. The customer must examine a product or service provided by Tracy Appiah as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Tracy Appiah of this as soon as possible but in any case, within 2 weeks after the discovery of the shortcomings.
  3. The customer gives a detailed description as possible of the shortcomings, so that Tracy Appiah is able to respond adequately,
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.
  5. If the complaint relates to ongoing work, this can in any case not lead to Tracy Appiah being forced to perform other work than has been agreed.
  6. The customer must provide any notice of default to Tracy Appiah in writing.
  7. It is the responsibility of the customer that a notice of default actually reaches Tracy Appiah in time.

Article 16 – Intellectual property rights

  1. Tracy Appiah retains all intellectual property rights (including copyright, patent law, drawing, model law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models etc., unless the parties have agreed otherwise in writing.
  2. The customer may not copy and show to third parties and/or make available or otherwise use said intellectual property rights without the prior written consent of Tracy Appiah

Article 17 – Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Tracy Appiah to third parties without the prior written consent of Tracy Appiah.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Article 18 – Changes in general terms and conditions

  1. Tracy Appiah is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Tracy Appiah with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Article 19 – Law and competent court

  1. Dutch law is exclusively applicable to all agreements between parties.
  2. The Dutch court in the district where Tracy Appiah is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Article 20 – Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl)