Terms and Conditions of TinyTronics, established in Eindhoven with Chamber of Commerce number: 59700629.
Version valid from 11-10-2019.
Note: This english version of the Terms and Conditions is a translation from the original Terms and Conditions in Dutch. In all cases the Dutch Terms and Conditions are leading.
1.1 These Terms and Conditions are applicable to all offers from TinyTronics. They are accessible to everyone and included on the website of TinyTronics. A Written copy can be sent to you upon request.
1.2 By placing and order you acknowledge and agree to the delivery and payment terms. TinyTronics 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 of specific conditions of stipulations of third parties are not recognized by TinyTronics.
1.4 TinyTronics guarantees that the delivered product meets the agreement and the specifications stated in the offer.
1.5 This version of the Terms and Conditions is a translation. The Dutch Terms and conditions are leading in all cases. TinyTronics is not liable for errors in this translated version of the Terms and Conditions.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, TinyTronics will execute orders at least within 30 days. If this is not possible (because the orderd goods are not in stock or can no longer be delivered), if there is a delay for some other reason or if the order can not (or partialy) be delivered, then the consumer will receive a message within 1 month after placement of the order. In this case the consumer will have the right to cancel the order without any costs or notice of default.
2.3 The delivery obligation of TinyTronics shall, subject to proof to the contrary, be met as soon as the goods delivered by TinyTronics have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. Therefore no rights can be derived from the terms mentioned.
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes 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 include 21% VAT.
4. Visibility period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Section 7:5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the goods delivered to TinyTronics after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify TinyTronics within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, TinyTronics will ensure that within 30 days after good receipt of the return shipment, the full purchase price including the calculated shipping costs will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case refer to services, such as telephone subscriptions of the (mobile) network operators offered by TinyTronics. On the latter services, where TinyTronics only acts as an intermediary or agent, the general terms and conditions of the aforementioned network operators will apply.
4.3 The right of withdrawal does not apply to:
5. Data management
5.1 If you place an order with TinyTronics, your data will be included in the TinyTronics customer base. TinyTronics complies with the law General Data Protection Regulation (GDPR).
5.2 TinyTronics respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 TinyTronics uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 TinyTronics 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 is therefore responsible for the factory guarantee of the product delivered to you.
6.2 The warranty period of TinyTronics corresponds to the manufacturer's warranty period. TinyTronics is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to TinyTronics) must report these defects to TinyTronics immediately in writing. Any defects or incorrectly delivered goods must and can be reported to TinyTronics in writing up to a maximum of 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Usage after detection of failure, damage arising after detection of failure, encumbrance and/or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the buyer are found to be well-founded by TinyTronics, TinyTronics will, at its option or the goods delivered, replace it free of charge or make a written arrangement regarding the compensation with the customer, on the understanding that the liability of TinyTronics and therefore the amount of the compensation always limited is up to the invoice amount of the relevant items, or (at the option of TinyTronics) up to the maximum amount covered by the TinyTronics liability insurance in the relevant case. Any liability of TinyTronics for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 TinyTronics is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) as long as the customer is in default towards TinyTronics; B) the customer has repaired the delivered goods himself and/or processed or has third parties repaired and/or edited. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of TinyTronics and/or instructions on the package have been treated; D) the defect is wholly or partially the result of regulations that the government has or will make regarding the nature or the quality of the materials used;
7.1 Offers are without engagement, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, TinyTronics reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind TinyTronics after they have been explicitly confirmed in writing.
7.4 TinyTronics offers do not automatically apply to repeat orders.
7.5 TinyTronics can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8.1 An agreement between TinyTronics and a customer comes about after an order by TinyTronics has been assessed for feasibility.
8.2 TinyTronics reserves the right to refuse orders or orders without giving any reason or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings etc. e.g. data concerning weights, dimensions, colors, images of labels on the internet site of TinyTronics are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.
10. Force Majeure
10.1 TinyTronics is not liable if and insofar as its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should in reason not come at its own risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of TinyTronics as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, TinyTronics 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 amended in such a way that implementation remains possible. In no case is TinyTronics liable to pay any penalty or compensation.
10.4 If TinyTronics has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.
11.1 TinyTronics is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered by TinyTronics to the buyer remains with TinyTronics as long as the customer has not paid the claims of TinyTronics pursuant to the agreement or earlier or later similar agreements, as long as the customer has carried out the activities performed or to be performed from this or similar agreements have not yet been fulfilled and as long as the customer has not yet paid TinyTronics's claims due to shortcomings in the performance of such commitments, including claims in respect of fines, interest and costs, as referred to in article 3:92 Dutch Civil Code.
12.2 The goods delivered by TinyTronics that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title nor encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable consent to TinyTronics or a third party to be appointed by TinyTronics, in all cases in which TinyTronics wishes to exercise its ownership rights, to enter all those places where its properties will be located and to take these items with them.
12.5 If third parties seize goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to inform TinyTronics as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to TinyTronics on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between TinyTronics and buyer, which can not be resolved by mutual agreement, shall be heard by the competent court within the district of Eindhoven, unless TinyTronics prefers the difference to the competent court of the buyer's place of residence to submit, and with the exception of those disputes that are part of the jurisdiction of the subdistrict court.