Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Business customer: the legal entity or natural person acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication;
- Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
Article 2 – Identity of the entrepreneur
Triangle Flex
Ambachtweg 40
5731 AG, Mierlo
Phone number: +316 428 444 03
Email address: info@triangleflex.nl
Chamber of Commerce number: 90335236
VAT identification number:
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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 the contract is concluded electronically, the terms may be provided electronically in a way that allows easy storage on a durable data carrier.
- If additional product or service conditions apply, the most favorable provision for the consumer shall prevail in case of conflict.
Article 4 – The offer
- If an offer has a limited validity or conditions, this will be explicitly stated.
- The offer contains a complete and accurate description of the products and/or services.
- The offer includes clear information about rights and obligations, including:
- price including taxes;
- delivery costs;
- method of contract formation;
- applicability of withdrawal rights;
- payment, delivery, and execution methods;
- validity period of the offer;
- costs of communication methods if applicable;
- whether the contract is archived;
- how data can be checked and corrected;
- available languages;
- applicable codes of conduct;
- minimum duration for long-term contracts.
Article 5 – The contract
- The contract is concluded upon acceptance of the offer and compliance with its conditions.
- Electronic acceptance will be confirmed immediately.
- Appropriate security measures are taken for electronic transactions.
- The entrepreneur may assess whether the consumer can meet payment obligations.
- The entrepreneur will provide the consumer with relevant information, including:
- business address for complaints;
- withdrawal conditions;
- after-sales service information;
- details mentioned in Article 4.
Article 6 – Right of withdrawal
- Consumers may withdraw from a purchase within 14 days without giving reasons.
- The product must be handled carefully and returned in original condition.
- Withdrawal must be communicated within 14 days and returned within 14 days thereafter.
- Business customers do not have a right of withdrawal.
Article 7 – Costs in case of withdrawal
- Return shipping costs are borne by the consumer.
- Refunds will be processed within 14 days.
- Custom-made products may only be returned under strict conditions:
- Return by shipping: €70 incl. VAT
- Return in person: €35 incl. VAT
Returns are only valid after written approval.
Article 8 – Exclusion of withdrawal
- The right of withdrawal may be excluded if conditions are not met.
- Business customers have no right of withdrawal.
- Custom-made products are excluded, including:
- Tile profiles (cut to size).
Article 9 – Price
- Prices remain unchanged during the validity period unless VAT changes apply.
- Variable pricing may apply to market-dependent products.
- Price increases within 3 months are only allowed if legally required.
- After 3 months, increases are allowed under certain conditions.
- All prices include VAT.
Article 10 – Conformity and Warranty
- Products/services meet the agreement and legal requirements.
- Guarantees do not affect statutory rights.
Article 11 – Delivery and execution
- Orders are handled with care.
- Delivery is made to the provided address.
- Orders are executed within 30 days unless agreed otherwise.
- Refunds follow cancellation.
- Replacement products may be offered if necessary.
- Risk transfers upon delivery.
Article 12 – Duration transactions
Termination
Consumers may terminate contracts with a notice period of up to one month.
Extension
Contracts cannot be automatically extended for a fixed term, except in specific cases.
Duration
Contracts longer than one year may be terminated after one year with one month’s notice.
Article 13 – Payment
- Payment must be made within 7 working days.
- Advance payments cannot exceed 50%.
- Errors in payment details must be reported immediately.
- Collection costs may apply in case of non-payment.
Article 14 – Complaints procedure
- The entrepreneur has a complaints procedure.
- Complaints must be submitted within 7 days.
- Complaints are handled within 14 days.
- Disputes may arise if unresolved.
- Consumers can contact WebwinkelKeur or the EU ODR platform.
- Complaints do not suspend obligations.
- Valid complaints result in repair or replacement.
Article 15 – Disputes
- Dutch law applies.
- Disputes may be submitted to WebwinkelKeur or a dispute committee.
Article 16 – Additional provisions
Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or storable on a durable data carrier.