Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the course of business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous contract: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;

Durable medium: any medium that enables the consumer or entrepreneur to store information personally directed to him in a way that allows for future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract in the context of a system organized by the entrepreneur for the sale at a distance of products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used;

Means of distance communication: a tool that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business Name: TAN & CO

Chamber of Commerce Number: 92988148

Trade Name: TAN & CO

VAT Number: 866239947B01

Customer Service Email: info@tan-co.com

Business Address: Brugstraat 20, Vianen

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated, before the conclusion of the distance contract, that the general terms and conditions can be viewed at the entrepreneur’s location and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium.

If it is reasonably not possible, it will be indicated before the distance contract is concluded where the consumer can view the general terms and conditions electronically, and that these will be sent to the consumer upon request either electronically or in another way, free of charge.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly. In the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled, the contract and these terms and conditions will remain in effect, and the relevant provision will be replaced promptly by an agreement that closely approximates the original intention.

Situations not regulated in these general terms and conditions will be assessed "in the spirit" of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur has the right to amend and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and may not be a basis for compensation or contract dissolution.

Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer includes information that clearly indicates what the consumer's rights and obligations are upon acceptance of the offer. This includes, in particular:

• The price, excluding clearance charges and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use a special arrangement for postal and courier services concerning imports in the EU destination country, which is also applicable here. The postal and/or courier service collects the VAT (with or without clearance charges) from the recipient of the goods.

• Any shipping costs;

• The way in which the contract will be concluded and the actions required for this;

• Whether the right of withdrawal applies;

• The method of payment, delivery, and performance of the contract;

• The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;

• The rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the standard rate for the used communication method;

• Whether the contract will be archived after conclusion, and if so, how the consumer can access it;

• How the consumer can verify and, if desired, correct the data provided by them before the contract is concluded;

• Other languages in which the contract can be concluded besides Dutch;

• The codes of conduct to which the entrepreneur adheres and how the consumer can view these codes of conduct electronically;

• The minimum duration of the distance contract in the case of a continuous contract.

Optional: available sizes, colors, and types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal limits – inform themselves about whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in a manner that can be stored by the consumer on a durable medium:

• The address of the entrepreneur's establishment where the consumer can submit complaints;

• The conditions under which the consumer can exercise the right of withdrawal, or a clear notification that the right of withdrawal is excluded;

• Information about warranties and after-sales services;

• The data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;

• The requirements for cancellation of the contract if the contract lasts longer than one year or is of indefinite duration.

In the case of a continuous contract, the provision in the previous paragraph only applies to the first delivery.

Each contract is concluded under the suspensive condition of the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason within 30 days. This cooling-off period starts the day after the consumer has received the product, or a representative designated by the consumer who is known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. The product will only be unpacked or used to the extent necessary to assess whether the consumer wants to keep the product. If the consumer wishes to exercise the right of withdrawal, they must return the product, with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The notification should be made in writing or by email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must provide evidence that the goods were returned in time. This can also be directly to our supplier in China. The customer can do this, for example, by providing proof of shipment.

If the customer does not notify their intention to exercise their right of withdrawal within the timeframes mentioned in paragraphs 2 and 3 or does not return the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are entirely the responsibility of the consumer. Bear in mind that this includes the cost of returning the product to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the product has already been received by the online retailer or conclusive evidence of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, at least in a timely manner before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• That have been created by the entrepreneur in accordance with the consumer's specifications;

• That are clearly personal in nature;

• That, due to their nature, cannot be returned;

• That are likely to deteriorate or expire rapidly;

• Whose price is tied to fluctuations on the financial market that the entrepreneur cannot control;

• For loose newspapers and magazines;

• For audio and video recordings and computer software where the consumer has broken the seal;

• For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• Concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;

• Where delivery has started with the express consent of the consumer before the cooling-off period has expired;

• Concerning betting and lotteries.

Article 9 – The Price

The prices of the offered products and/or services will not be increased during the validity period of the offer, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations on the financial market, which the entrepreneur cannot control, at variable prices. This tie to fluctuations and the fact that any listed prices are indicative prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

• They result from legal regulations or provisions; or

• The consumer has the right to cancel the contract as of the day the price increase takes effect.

The place of delivery, based on Article 5, first paragraph, of the VAT Act 1968, is the country where the transportation begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and clearance fees from the consumer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to typographical and printing errors. The entrepreneur does not accept liability for the consequences of typographical or printing errors. In the case of typographical or printing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force on the date the contract is concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert based on the contract against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice concerning the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

• The delivered products have been exposed to abnormal circumstances or have been treated carelessly, or if they have been used contrary to the entrepreneur's instructions or packaging;

• The defect is entirely or partly the result of regulations imposed by the government concerning the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

Taking into account the provisions in Article 4 of these terms, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed or if an order cannot be or is only partially executed, the consumer will be informed within 30 days of placing the order. In such a case, the consumer has the right to dissolve the contract without any costs and to claim compensation.

In the event of dissolution as described in the previous paragraph, the entrepreneur will reimburse the amount the consumer has paid as soon as possible, but no later than 30 days after the dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute product. At the time of delivery, it will be clearly and understandably stated that a substitute product is being delivered. For substitute products, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate a contract concluded for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination conditions and a notice period of up to one month.

The consumer may terminate a contract concluded for a definite period that involves the regular delivery of products (including electricity) or services at any time, at the end of the specified term, subject to the agreed termination conditions and a notice period of up to one month.

The consumer can terminate the contracts mentioned in the previous paragraphs:

• At any time, without being restricted to termination at a specific time or within a specific period;

• At least in the same manner in which they were concluded;

• Always with the same notice period that the entrepreneur has agreed for themselves.

Extension

A contract concluded for a definite period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specified period.

In deviation from the previous paragraph, a contract concluded for a definite period that involves the regular delivery of daily, weekly, and other periodicals and magazines may be automatically extended for a maximum period of three months, provided that the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a maximum notice period of three months in the case of contracts concerning the regular, but less than once a month, delivery of daily, weekly, or other periodicals and magazines.

A contract with a limited duration for the regular trial delivery of daily, weekly, and periodical magazines (trial or introductory subscription) will not be automatically renewed and will terminate at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the principles of reasonableness and fairness would prevent termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service contract, this period starts once the consumer has received confirmation of the contract.

The consumer is obligated to immediately report any inaccuracies in the provided or specified payment details to the entrepreneur.

In the case of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute will arise, which is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur explicitly states otherwise in writing.

If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.