1. General
1.1 These general terms and conditions apply to all offers from Frankeershop – Toner Webshop. The conditions are accessible to everyone and are included on the Frankeershop – Toner Webshop website. We will send you a written copy upon request.
1.2 By placing an order, you indicate that you agree to the delivery and payment conditions. Toner Webshop reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Frankeershop – Toner Webshop.
1.4 Frankeershop – Toner Webshop guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer. No rights can be derived from it.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules of distance selling, Frankeershop – Toner Webshop will execute orders within 30 days at least. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be executed in part, the consumer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 Frankeershop – Toner Webshop’s delivery obligation will, unless proven otherwise, be fulfilled as soon as the items delivered by Frankeershop – Toner Webshop have been offered to the buyer once. In the case of home delivery, the carrier’s report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the terms mentioned.
3. Prices
3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO and exclude 21% VAT.
4. Inspection period/right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. This period starts at the moment that the ordered items have been delivered. If the buyer has not returned the delivered items to Toner Webshop after this period, the purchase is a fact. Before returning the items, the buyer is obliged to report this in writing to Toner Webshop within the period of 14 working days after delivery. The buyer must prove that the delivered items were returned on time, for example by means of proof of postal delivery. The items must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered or damaged in any way by the buyer, the right to cancel within the meaning of this section lapses. Taking into account the provisions of the previous sentence, Toner Webshop will ensure that the full purchase price including the calculated shipping costs will be refunded to the buyer within 30 days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of dissolution, as described in the previous paragraph, only applies to the delivered goods and will in no case apply to services, such as telephone subscriptions of the (mobile) network operators offered by Toner Webshop. The general terms and conditions of the network operators in question will apply to the latter services, where Toner Webshop only acts as an intermediary or agent. 4.3 The right of withdrawal does not apply to:
• services whose performance, with the consent of the consumer, has begun before the term of seven working days
• goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
• goods that have been manufactured according to the consumer's specifications, for example custom-made, or that have a clearly personal character
• for goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the delivery of newspapers and magazines; for betting and lottery services
5. Data management
5.1 If you place an order with Frankeershop – Toner Webshop, your details will be included in the customer database of Frankeershop – Toner Webshop. Frankeershop – Toner Webshop complies with the Personal Data Protection Act and will not provide your details to third parties. See our Privacy Policy.
5.2 Frankeershop – Toner Webshop respects the privacy of the users of the website and ensures that your personal details are treated confidentially.
5.3 Frankeershop – Toner Webshop uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty
6.1 Frankeershop – Toner Webshop guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product supplied to you.
6.2 The warranty period of Toner webshop corresponds to the manufacturer's warranty period. Frankeershop – Toner Webshop is however never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the buyer must (before returning it to Toner Webshop) immediately report these defects in writing to Toner Webshop. Any defects or incorrectly delivered goods must and can be reported in writing to Frankeershop – Toner Webshop no later than 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return. 6.4 If complaints from the purchaser are found to be justified by Frankeershop – Toner Webshop, Frankeershop – Toner Webshop will, at its discretion, either replace the delivered items free of charge or make a written arrangement with the purchaser regarding compensation, provided that the liability of Toner Webshop and therefore the amount of compensation is always limited to a maximum of the invoice amount of the items in question, or (at the discretion of Toner Webshop) to the maximum amount covered by Toner Webshop's liability insurance in the relevant case. Any liability of Toner Webshop for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 Toner Webshop is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the purchaser is in default towards Toner Webshop; B) the purchaser has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or have otherwise been treated carelessly or in conflict with the instructions of Toner Webshop and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 If the buyer accepts a non-binding offer, Toner Webshop reserves the right to revoke the offer or deviate from it within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Toner Webshop after they have been expressly confirmed in writing.
7.4 Offers from Toner Webshop do not automatically apply to repeat orders.
7.5 Toner Webshop cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between Frankeershop – Toner Webshop and a customer is concluded after an order has been assessed for feasibility by Frankeershop – Toner Webshop. 8.2 Frankeershop – Toner Webshop reserves the right to refuse orders or assignments without giving reasons or to accept them only under the condition that the shipment is made by cash on delivery or after advance payment.
9. Images and specifications
9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the Frankeershop – Toner Webshop website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Frankeershop – Toner Webshop is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance that cannot reasonably be considered to be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in the electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Toner Webshop as well as of assistants, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 In the event of force majeure, Frankeershop – Toner Webshop reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. In no event is Toner Webshop obliged to pay any fine or compensation. 10.4 If Frankeershop – Toner Webshop has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the buyer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.
11. Liability
11.1 Frankeershop – Toner Webshop is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all items sold and delivered by Frankeershop – Toner Webshop to the buyer remains with Frankeershop – Toner Webshop as long as the buyer has not paid the claims of Toner Webshop under the agreement or previous or later similar agreements, as long as the buyer has not yet paid the work performed or yet to be performed under this or similar agreements and as long as the buyer has not yet paid the claims of Toner Webshop due to failure to comply with such obligations, including claims for fines, interest and costs, all as referred to in article 3:92 BW. 12.2 The items delivered by Toner Webshop that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorised to pledge the items that fall under the retention of title or to encumber them in any other way.
12.4 The buyer hereby gives unconditional and irrevocable permission to Toner Webshop or a third party to be appointed by Toner Webshop to enter all places where its property is located and to take those items with them in all cases in which Toner Webshop wishes to exercise its property rights.
12.5 If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the buyer is obliged to inform Toner Webshop of this as soon as may reasonably be expected. 12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by Toner Webshop upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Toner Webshop and the buyer that cannot be resolved by mutual agreement will be heard by the competent court within the district of Breda, unless Toner Webshop prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.