Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off Period: The period within which the consumer can exercise their right of withdrawal;
- Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: Calendar day;
- Continuous Transaction: A distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time;
- Durable Medium: Any means that enable the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
- Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and/or services, exclusively using one or more means of distance communication up to and including the moment of the conclusion of the contract;
- Means of Distance Communication: A means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time;
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
## Article 2 - Identity of the Entrepreneur
Tenace Supply
Vennenpad 15 a, 8072PX Nunspeet
Email: contact@tenacesupply.com
KvK Number: 94770549
VAT: NL005108270B54
## Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general 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 general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approaches the purpose of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
## Article 4 - The Offer
1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the means for distance communication are calculated on a different basis than the regular base rate for the used communication means;
- whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the information provided by them within the framework of the agreement before the conclusion of the agreement;
- any other languages besides Dutch in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected themselves and the way the consumer can consult these codes of conduct electronically.
## Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer 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 consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales services;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
## Article 6 - Right of Withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative pre-designated by the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered 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.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known via a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If the customer has not made known after the expiry of the terms referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
## Article 7 - Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
## Article 8 - Exclusion of Right of Withdrawal
1. The entrepreneur can 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 stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
- that have been created by