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Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. cooling-off period ‘ means the period within which the consumer can exercise his right of withdrawal;
  2. consumer ‘ means a natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader
  3. Day: calendar day;
  4. duration transaction ‘ means a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. durable medium ‘ means any means enabling the consumer or business operator to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;
  7. Model form: the model withdrawal form provided by the trader for consumers to fill in when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. distance contract ‘ means a contract under which one or more means of distance communication are used exclusively until the conclusion of the contract within the framework of a system organized by the entrepreneur for the distance marketing of products and/or services;
  10. Remote communication technology: means that can be used to conclude contracts without the consumer and the trader being in the same room at the same time.
  11. General conditions: the current general conditions of the entrepreneur.

Article 2 – Identity of the trader

We are just an online shop, unfortunately we currently have no showroom.

TRUUSK.com is part of EcomVillage BV
Chamber of Commerce: 87846454
VAT NO: NL864424723B01

Keurenplein 41
Box A3524
1069CD Amsterdam
North Holland
Netherlands

Contact@truusk.se
+31 85 060 5471

If the operator’s activity is subject to a relevant licensing scheme: the information on the supervisory authority:

If the entrepreneur is practicing a regulated profession:

  • the professional association or organization to which he is affiliated;
  • the professional title, the place in the EU or European Economic Area where it was awarded
  • a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.

Article 3 – Application

  1. These general terms and conditions apply to each offer made by the trader and to all distance contracts and orders concluded between the trader and the consumer.
  2. Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be consulted at the trader’s premises and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer electronically in such a way that it can be read by the consumer. easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. Where specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If at any time one or more provisions of these General Terms and Conditions are wholly or partially invalid or are repealed, the remainder of the Agreement and these Terms and Conditions will remain in force and the provision in question will be replaced immediately in mutual consultation by a provision as close as possible to the original one.
  6. Situations not regulated in these General Conditions must be assessed “in the spirit” of these General Conditions.
  7. Any uncertainty regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
  3. The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies to
    in particular:
  • the price including taxes;
  • any shipping costs;
  • the way in which the contract will be concluded and the steps required for this;
  • whether or not the right of withdrawal applies;
  • payment methods, delivery and performance of the contract;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the ordinary basic tariff for the means of communication used;
  • whether the contract is archived after it is concluded, and if so, how it can be consulted by the consumer;
  • the means by which the consumer may, before the conclusion of the contract, verify the information provided under the contract and, if he so wishes, rectify it;
  • any other language in which the contract can be concluded, except Dutch;
  • the codes of conduct to which the trader has subscribed and the way in which the consumer can read these codes of conduct electronically; and
  • the minimum duration of the distance contract in a long-term transaction.
  • Optional: available sizes, colors, type of material.

Article 5 – The Agreement

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and complies with the conditions set out.
  2. If the consumer has accepted the offer electronically, the trader immediately acknowledges receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can terminate the contract.
  3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader will take appropriate security measures.
  4. The trader may – within the legal framework – obtain information on the consumer’s ability to meet his payment obligations, as well as all the facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this information, the trader has good reason not to conclude the contract, he has the right to refuse an order or request with justification or to attach specific conditions to the performance.
  5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:
  6. the address of the trader’s branch where the consumer can lodge a complaint;
  7. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
  8. information on guarantees and existing after-sales services;
  9. the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  11. In the case of a sale of goods, the provision in the previous subparagraph applies only to the first delivery.
  12. Each contract is concluded under the conditions of sufficient supply of the products in question.

Article 6 – Right of withdrawal

When delivering products:

  1. When buying products, the consumer has the possibility to terminate the contract without giving reasons within 14 days. 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 notified to the trader.
  2. During the withdrawal 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 wants to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all accompanying accessories and – if reasonably possible – in its original condition and packaging, in accordance with reasonable and clear instructions from the trader.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receipt of the product. The consumer must notify this using the model form. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered product has been returned on time, for example by means of proof of delivery.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is deemed to have been made.

When you provide services:

  1. In the case of the provision of services, the consumer has the possibility to terminate the contract without giving reasons for at least 14 days from the date of conclusion of the contract.
  2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the maximum cost of the return will be borne by him.
  2. If the consumer has paid an amount, the trader will reimburse this amount as soon as possible, but at the latest within 14 days of the termination. This is on the condition that the product has already been received back by the online retailer or that conclusive proof of full return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.
  3. If the goods are damaged due to negligent handling by the consumer, the consumer is liable for any loss of value of the product.
  4. The consumer cannot be held responsible for the loss of value of the product if the trader has not provided all the statutory information on the right of withdrawal, this must be done before the conclusion of the sales contract.

Article 8 – Exclusion of right of withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly indicated this in the offer, at least in time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. created by the trader in accordance with the consumer’s specifications;
  4. which are clearly personal in nature;
  5. which by their nature cannot be returned;
  6. which can spoil or age quickly;
  7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  8. for individual newspapers and magazines;
  9. for sound and image recordings and computer programs of which the consumer has broken the seal.
  10. for hygiene products where the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
  13. whose delivery has begun with the consumer’s express consent before the withdrawal period has expired;
  14. concerning betting and lotteries.

Article 9 – The price

  1. During the period of validity of the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no control. This responsibility for fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only allowed if they result from legal or regulatory provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has provided for this and:
  5. these are the result of legal provisions or regulations; or
  6. the consumer has the right to cancel the contract with effect from the day the price increase takes effect.
  7. The prices indicated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the goods at the incorrect price.

Article 10 – Compliance and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications set out in the offer, reasonable requirements for reliability and/or usability and the legal provisions in force on the date of conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
  3. Any defects or incorrectly delivered products must be reported in writing to the trader within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. 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 each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
  • the products supplied have been subjected to abnormal conditions or have otherwise been treated negligently or contrary to the instructions of the trader and/or on the packaging
  • The defect is wholly or partly due to regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address given to the company by the consumer.
  3. Taking into account what is stated in paragraph 4 of this article, the company will carry out accepted orders promptly, but within 30 days at the latest, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this within 30 days of placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
  4. Average delivery time for our products is 2-3 working days. We cooperate with different suppliers (dropshipping), therefore delivery times may differ per product.
  5. In order to deliver the product to the consumer, the webshop shares the address details with the supplier.
  6. All delivery times are indicative. The consumer cannot derive any rights from any periods indicated. Exceeding a term does not entitle the consumer to compensation.
  7. In the event of dissolution in accordance with paragraph 3 of this Article, the trader will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
  8. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement product available. At the latest upon delivery, it will be indicated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping are borne by the entrepreneur.
  9. The risk of damage and/or loss of products remains with the trader until the moment of delivery to the consumer or a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.

Article 12 – Duration of transactions: duration, cancellation and extension

Dismissal

  1. The consumer can terminate a contract concluded for an indefinite period and extending to the regular supply of products (including electricity) or services at any time, subject to agreed cancellation rules and a maximum notice period of one month.
  2. The consumer may terminate a contract concluded for a fixed term and extending to the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed cancellation rules and a minimum notice period not exceeding one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:
  • cancel at any time and not be limited to cancellation at a specific time or during a specific period;
  • at least cancel in the same way as they were concluded by him;
  • always give the same notice period as the entrepreneur has agreed for himself.

Extension

  1. A contract concluded for a fixed period and extending to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the preceding subparagraph, a fixed-term contract for the regular supply of daily and weekly newspapers and periodicals may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this extended contract and may terminate the extension by giving not more than one month’s notice.
  3. A fixed-term contract for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time by giving not more than one month’s notice and not more than three months’ notice if the contract covers the regular, but less than monthly, supply of daily, news and weekly newspapers and periodicals.
  4. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not implicitly continued and automatically terminates after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year by giving a maximum of one month’s notice, unless fairness and reasonableness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the beginning of the reflection period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  2. The consumer is obliged to immediately report any inaccuracies in payment details provided or disclosed to the trader.
  3. In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge the reasonable costs notified to the consumer in advance.

Article 14 – Complaints procedure

  1. The trader has an adequately published complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the deficiencies.
  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer handling time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
  5. In the event of a complaint, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur ( webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been found, the consumer has the option of having his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute board involves costs that the consumer must pay to the relevant board. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at its option, replace or repair the products supplied free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Confidentiality

  1. Of course, TRUUSK handles your data with care.
  2. By accepting our terms and conditions, you agree that we can add your email address to our mailing list. Of course, we do not send spam and only provide relevant emails. Below each email is a link to unsubscribe from the newsletter.

Article 17 – Supplementary or derogating provisions

Any additional or different provisions to these general terms and conditions shall not be to the detriment of the consumer and shall be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable medium.

Last updated: February 23, 2024 10:40

For further inquiries:

Address: Keurenplein 41, Box A3524, 1069CD Amsterdam, North Holland, Netherlands
Telephone: +31 85 060 5471
E-mail: kundservice@truusk.se

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