Terms & Conditions
Article 1 – Definitions
In these terms and conditions, the following terms are defined as:
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
- Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: Calendar day;
- Continuing performance contract: A distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over time;
- Durable medium: Any medium that enables the consumer or entrepreneur to store information addressed to them in a way that allows for future consultation and unchanged reproduction of the stored information;
- Right of withdrawal: The ability for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers;
- Distance contract: A contract concluded within a system organized for distance sales of products and/or services, using one or more means of remote communication up to and including the conclusion of the contract;
- Means of remote communication: A method used to conclude a contract without the consumer and entrepreneur being present in the same location;
- Terms and Conditions: These Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
ToolSpark
Arno's E-commerce
Frederikhendrik Street 14
4586AB Lamswaarde
Email: info@toolspark.uk
Company Registration Number (KvK): 94870500
VAT Number: NL005114876B61
Article 3 – Applicability
These terms and conditions apply to every offer by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions can be provided electronically to the consumer in a way that allows them to be stored on a durable medium.
In cases where specific product or service terms also apply, the consumer may invoke the provision most favorable to them in case of conflicting terms.
If one or more provisions of these terms and conditions are found to be invalid or void, the remainder of the agreement and terms will remain in effect. Issues not covered by these terms should be assessed in light of the spirit of these 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 is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered.
All images, specifications, and details in the offer are indicative and cannot serve as grounds for compensation or contract cancellation.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set forth.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay.
The entrepreneur may check whether the consumer can meet their payment obligations.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days.
During the cooling-off period, the consumer will handle the product and packaging with care.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
The entrepreneur will refund the paid amount as soon as possible, but no later than 14 days after withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products, such as:
- Custom-made products;
- Products that are likely to spoil quickly;
- Products with hygienic protection (e.g., underwear, swimwear, or other items whose packaging has been opened).
Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
The prices in the offer are inclusive of VAT, unless stated otherwise.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement and meet reasonable standards of quality and/or usability.
Any defects or incorrect products must be reported to the entrepreneur in writing within 14 days after delivery.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest care in receiving and fulfilling product orders.
The entrepreneur will execute accepted orders with due speed, but no later than 30 days.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Extension
The consumer may terminate an agreement entered into for an indefinite period at any time.
An agreement entered into for a specific period can be terminated at the end of the agreed period.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the cooling-off period begins.
In the event of non-payment, the entrepreneur is entitled to charge reasonable costs.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be fully and clearly submitted to the entrepreneur within 7 days.
Complaints will be answered within 14 days.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer.
Article 16 – Responsibility for VAT and Customs Duties
Product Origin
Our products are shipped from Asia. Please note that when importing goods to the UK or other EU countries, customs duties and/or VAT may apply, depending on the destination country.
Customer Responsibility
As a customer, you are responsible for paying applicable import duties and VAT upon delivery. We, the seller, are not liable for any additional costs arising from the importation of goods, including but not limited to customs duties, VAT, and other taxes that may be levied by your destination country.
VAT Exemption
Our company is exempt from VAT on sales of products to other countries within the EU, provided the goods are shipped to these countries. This means the prices we list exclude VAT, and the customer is responsible for paying the import VAT and other applicable taxes.
Delivery and Shipping
The products are shipped directly from a third country (Asia). We do not handle the importation of goods into the UK. The shipping is directly carried out by the supplier in the third country. The customer is responsible for paying customs duties and VAT upon receipt of the goods, as well as for any delays or additional costs that may arise during the import process.
Risk of Delay or Additional Costs
Delays or additional costs, such as customs charges, may occur when importing goods. These costs and risks are entirely the responsibility of the customer. We recommend that you check with your local authorities regarding potential import costs in your country.
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