Definitions

• Tinytime: Tinytime, established in Hengelo, Chamber of Commerce no. 81553552.
• Customer: the party which Tinytime has entered into an agreement with.
• Parties: Tinytime and customer together.
• Consumer: a customer who is an individual acting for private purposes.

Applicability

• These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Tinytime.
• Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
• The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

• All prices used by Tinytime are in euros, are inclusive of VAT.
• Tinytime is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
• Increases in the cost prices of products or parts thereof, which Tinytime could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
• The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Payments and payment term

• The customer must have paid the full amount when ordering the product.
• Tinytime reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of withdrawal

• A consumer may cancel an online purchase during a cooling-off period of 30 days without giving any reason, provided that the product has not been used
• the product is not specially adapted to its special needs
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of withdrawal
• The cooling-off period of 7 days as referred to in paragraph 1 commences:
  • on the day after the consumer has received the last product or part of 1 order
• The consumer can notify his right of withdrawal via info@tinytime.nl

Reimbursement of return costs

• If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Delivery

• Delivery takes place while stocks last, which is presented in the webshop.
• Delivery takes place at Tinytime unless the parties have agreed upon otherwise.
• Delivery of products ordered online takes place at the address indicated by the customer.
• In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Tinytime.

Delivery period

• Any delivery period specified by Tinytime is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
• The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Tinytime.
• Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Tinytime cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Packaging and shipping

• If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Tinytime may not be held liable for any damage.
• If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Tinytime, failing which Tinytime cannot be held liable for any damage.

Insurance

Storage

• If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
• Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

• The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
• The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
• The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

Exchange is only possible if the following conditions are met:

• Exchange takes place within 30 days after purchase upon presentation of the original invoice.
• The product is returned in the original packaging.
• The product has not been used longer than 1 day.
• Discounted items or specially adapted articles for the customer cannot be exchanged.

Indemnity

The customer indemnifies Tinytime against all third-party claims that are related to the products and/or services supplied by Tinytime.

Complaints

• The customer must examine a product or service provided by Tinytime as soon as possible for possible shortcomings.
• If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Tinytime of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
• Consumers must inform Tinytime of this within two months after detection of the shortcomings.
• The customer gives a detailed description as possible of the shortcomings, so that Tinytime is able to respond adequately.
• The customer must demonstrate that the complaint relates to an agreement between the parties.
• If a complaint relates to ongoing work, this can in any case not lead to Tinytime being forced to perform other work than has been agreed.

Giving notice

• The customer must provide any notice of default to Tinytime in writing.
• It is the responsibility of the customer that a notice of default actually reaches Tinytime (in time).

Joint and several Client liabilities

• If Tinytime enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Tinytime under that agreement.

Liability of Tinytime

• Tinytime is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
• All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative (unless stated otgherwise) and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

• Every right of the customer to compensation from Tinytime shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

• The customer has the right to dissolve the agreement if Tinytime imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
• If the fulfillment of the obligations by Tinytime is not permanent or temporarily impossible, dissolution can only take place after Tinytime is in default.
• Tinytime has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Tinytime good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

• In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Tinytime in the fulfillment of any obligation to the customer cannot be attributed to Tinytime in any situation independent of the will of Tinytime, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Tinytime .
• The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
• If a situation of force majeure arises as a result of which Tinytime cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Tinytime can comply with it.
• From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
• Tinytime does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

• If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

• Tinytime is entitled to amend or supplement these general terms and conditions.
• Changes of minor importance can be made at any time.
• Major changes in content will be discussed by Tinytime with the customer in advance as much as possible.
• Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

• The customer cannot transfer its rights deferring from an agreement with Tinytime to third parties without the prior written consent of Tinytime .
• This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

• If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
• A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Tinytime had in mind when drafting the conditions on that issue.

Applicable law and competent court

• Dutch law is exclusively applicable to all agreements between the parties.
• The Dutch court in the district where Tinytime is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 18-10-21 .