Terms and conditions
E-mail: info@The T-box.com
Website: The T-box.com
Drawn up on 01 February 2023
1. The T-box: a product of Robbert Dirksen B.V., established in Hillegom under Chamber of Commerce no. 61561169. Hereinafter referred to as 'The T-box'
2. Customer: the person with whom The T-box has entered into an agreement.
3. Parties: The T-box and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The T-box.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by The T-box are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices used by The T-box for its products, on its website or otherwise made known, The T-box can change at any time.
3. Increases in the cost prices of products or parts thereof, which The T-box could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment term
1. The T-box may, upon entering into the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must make payments afterwards within 14 days after delivery.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than on the last day of the payment term, he is legally in default and in default, without The T-box having to send the customer a reminder or to give notice of default. .
4. The T-box reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
1. If the customer does not pay within the agreed term, The T-box is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the the customer is in default, whereby part of a month is counted as a whole month.
2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to The T-box.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, The T-box may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of The T-box against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by The T-box, he is still obliged to pay the agreed price to The T-box.
Right of advertising
1. As soon as the customer is in default, The T-box is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. The T-box invokes the right of recovery by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to The T-box, unless the parties make other agreements about this.
4. The costs for bringing back or returning the products will be borne by the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
· the product has not been used
· it is not a product that can spoil quickly, such as food or flowers
· it is not a product specially tailored or modified for the consumer
· it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
· the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
· the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
· the product is not a loose magazine or newspaper
· the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via info@The T-box.com, if desired using the withdrawal form that can be downloaded from The T-box's website, The T-box.com.
4. The consumer is obliged to return the product to The T-box within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to The T-box on time, The T-box will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete refund the returned order to the consumer.
2. The costs for delivery are only for the account of The T-box insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. The T-box can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to The T-box, unless the customer has sufficient security for those costs. has stated.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to The T-box.
3. The T-box is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to The T-box against a claim against The T-box.
Retention of title
1. The T-box remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards The T-box under whatever agreement concluded with The T-box, including claims regarding the failure to comply.
2. Until then, The T-box can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If The T-box invokes its retention of title, the agreement is deemed to have been dissolved and The T-box has the right to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery of products ordered online will take place at the address indicated by the customer.
3. If the agreed amounts are not paid or not paid on time, The T-box has the right to suspend its obligations until the agreed part has been paid.
4. In the event of late payment, there is creditor default, with the result that the customer cannot object to The T-box for a late delivery.
1. The delivery times stated by The T-box are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from The T-box.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless The T-box cannot deliver within 14 days after being demanded to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
1. If the packaging 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, failing which The T-box cannot be held liable. held for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to The T-box prior to transport, failing which The T-box cannot be held liable for any damage .
1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
The customer indemnifies The T-box against all third-party claims related to the products and/or services supplied by The T-box.
1. The customer must examine a product or service provided by The T-box as soon as possible for any 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 The T-box of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. to set.
3. Consumers must inform The T-box of this within 2 months after the discovery of the shortcomings.
4. The customer provides a description of the shortcoming that is as detailed as possible, so that The T-box is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to The T-box being forced to perform other work than has been agreed.
Notice of default
1. The customer must notify The T-box of notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches The T-box (in time).
Liability The T-box
1. The T-box is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If The T-box is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. The T-box is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If The T-box is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to (part of) the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from The T-box expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if The T-box imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by The T-box is not permanently or temporarily impossible, dissolution can only take place after The T-box is in default.
3. The T-box has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if The T-box has become aware of circumstances that give it good grounds to to fear that the customer will not be able to properly fulfill his obligations.
1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of The T-box in the fulfillment of any obligation towards the customer cannot be attributed to The T-box in any of the will of The T-box independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from The T-box.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs as a result of which The T-box cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until The T-box can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. The T-box does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Change of general terms and conditions
1. The T-box is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major substantive changes will be discussed by The T-box 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.
Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of The T-box.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.
Consequences nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what The T-box had in mind when drawing up the conditions on that point.
Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where The T-box has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.