General conditions Titan Europe B.V.

Titan Europe B.V.
Zeewoldestraat 21 5036 XB in Tilburg
Chamber of Commerce number: 75490978

Table of contents
Article 1 - Definitions
Article 2 - Applicability
Article 3 - The offer
Article 4 - The agreement
Article 5 - Right of withdrawal and costs of right of withdrawal
Article 6 - The price and payment
Article 7 - Delivery, performance and guarantees
Article 8 - Retention of title
Article 9 - Liability
Article 10 - Duration transactions
Article 11 - Complaints, disputes and applicable law

Article 1 - Definitions
Customer: any natural or legal person who uses the products and / or services of Titan Europe B.V .;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Right of withdrawal: the possibility for the buyer to cancel the distance agreement within the cooling-off period;
Entrepreneur: Titan Europe B.V. and / or a company affiliated with it;
Distance agreement: an agreement that is concluded between the buyer and the entrepreneur within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication.
Business buyer: every buyer who is not a consumer and acts for purposes related to his trade, business, craft or professional activity.

Article 2 - Applicability
These general terms and conditions apply to all quotations from the entrepreneur, any offer from the entrepreneur, any distance agreement concluded and orders between the entrepreneur and the customer, to all assignments, as well as all obligations arising therefrom, of any nature whatsoever.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the customer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the buyer electronically in such a way that they can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed and consulted and that they will be sent free of charge electronically or otherwise at the request of the customer.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that as much as possible of the original.
Situations that are not regulated in these terms and conditions must be assessed "in the spirit" of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of the general conditions must be explained "in the spirit" of these general conditions.

Article 3 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.

Article 4 - The agreement
The agreement is concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the corresponding conditions.
If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the buyer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 5 - Right of withdrawal and costs of right of withdrawal
When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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 make use of his right of withdrawal, he is obliged to make this known to the entrepreneur in writing within 14 days of receiving the product. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If, at the end of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal, the product has not been returned to the entrepreneur, the purchase is a fact.
If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. The condition is that the product has already been returned by the entrepreneur or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer.
In the event of damage to the product due to improper handling by the customer, the customer is liable for any depreciation of the product.
Entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 9. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with specifications of the customer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature.

Article 6 - The price and payment
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
The prices stated in the range of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the customer has the authority to cancel the agreement on the day on which the price increase takes effect.
Unless otherwise agreed, the amounts owed by the customer must be paid in advance.
Customer has the duty to immediately report inaccuracies in payment data provided or specified to entrepreneur.
If payment has not been made or has not been made in full within the agreed period, the customer will be in default by operation of law. With effect from the day following the expiration of the payment term, the buyer will owe the entrepreneur an interest payment of 2% per month, including part of the month, over the outstanding amount, without prejudice to any notice of default being required right to statutory (commercial) interest.
All costs arising as a result of judicial or extrajudicial collection of the claim are for the account of the customer, also insofar as these costs exceed the legal costs. The extrajudicial costs are set at least 15% of the amount to be claimed, with a minimum of € 150.00.
If this has been agreed in writing between the parties in advance, the entrepreneur can jointly invoice the business customer on every last day of the month for all purchases made in the month in question. Business customers must pay these invoices within 14 days after the date on the account number specified by the entrepreneur.
Entrepreneur has the right to carry out a credit check with business buyer in advance. If a negative assessment follows, the entrepreneur is entitled to demand payment in advance from the business customer, failing which the entrepreneur will not proceed to delivery. With such an advance payment, the delivery time will start the moment the payment is received by the entrepreneur.
The business buyer is never entitled to set off what he owes to the entrepreneur.
Objections to the amount of an invoice do not suspend the payment obligation.

Article 7 - Delivery, performance and guarantees
Entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
All delivery times are indicative. The buyer cannot derive any rights from any specified periods. Exceeding a term does not entitle the customer to compensation.
Entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or existing legal provisions on the date of the conclusion of the agreement. government regulations.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery and is only possible if the product is in new condition, unprocessed and not exposed to abnormal circumstances.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

Article 8 - Retention of title
All goods delivered by the entrepreneur within the framework of the agreement remain the property of the entrepreneur until the buyer has properly fulfilled all obligations arising from the agreement (s) concluded with the entrepreneur, including the purchase price, any surcharges, interest due under these conditions or the agreement, taxes, costs and compensation.
The customer must always do everything that can reasonably be expected of him to safeguard the proprietary rights of the entrepreneur.
If third parties seize the goods delivered under retention of title, or wish to establish or enforce rights thereon, then the buyer is obliged to immediately inform the entrepreneur thereof.
In the event that the entrepreneur wishes to exercise his ownership rights as referred to in this article, the customer gives unconditional and irrevocable permission in advance to the entrepreneur and third parties to be designated by the entrepreneur to enter all those places where the entrepreneur's property is located and to take back those goods .

Article 9 - Liability
Entrepreneur is only liable for direct damage. Liability for indirect damage, including lost profit, consequential damage, loss of money, missed savings and damage due to business interruption, is explicitly excluded. The condition for liability is furthermore that the buyer immediately informs the entrepreneur in writing after discovery of the shortcoming and informs the entrepreneur a reasonable term. to correct the shortcoming.
Direct damage is exclusively understood to mean the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred due to the poor performance of the entrepreneur in the agreement. to have it answered, insofar as these can be attributed to the entrepreneur and reasonable costs incurred to prevent or limit direct damage as referred to in these general terms and conditions.
Any liability for direct damage of the entrepreneur to the buyer, for whatever reason, is limited per event (in which a coherent series of events is considered to be one event) to the actual invoice amount paid by the buyer to the entrepreneur in the month in which the damage occurred, including shipping costs.
Entrepreneur is not liable for damage of whatever nature caused by the fact that the entrepreneur relied on incorrect and / or incomplete data provided by or on behalf of the customer.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the entrepreneur or his subordinates.
Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation expires in any case 12 months after the event or omission from which the damage arises directly or indirectly and for which the entrepreneur is liable, but in any case after five years from the date of the last invoice.
The customer is obliged to indemnify or compensate the entrepreneur in the context of all claims from third parties in connection with or arising from the agreement / transaction.

Article 10 - Duration transactions
The customer can at all times cancel an agreement that has been entered into for a definite period and that extends to the regular delivery of products (or services) with due observance of the agreed termination rules and a notice period of at most one month.

Article 11 - Complaints, disputes and applicable law
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the customer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
Disputes arising from agreements between the entrepreneur and buyer to which these general terms and conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded. All disputes arising from the implementation of the agreement will be exclusively submitted to the Oost-Brabant court.