Article 1. General
1.1. These conditions apply to all offers of Trashious and to every agreement at distance between Trashious and the consumer. These general terms and conditions will be made available at first request;
1.2. Trashious. Herinafter referred Trashious, with registered office and place of business at Valkenswaard, KvK number 76379116.
1.3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
1.4. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they have been made;
1.5. The rights and obligations under agreements between Trashious and consumers can not be transferred to third parties, except with the written permission of Trashious;
1.6. Other terms and conditions will not be accepted by Trashious, unless otherwise agreed in writing and confirmed by Trashious.
Article 2. Quotations
2.1. All quotations are completely non-binding and are valid as long as the stock lasts. A quotation containing a time limit may nevertheless be revoked by Trashious, even after receiving the order, provided within 5 working days of receipt of that order;
2.2. On the Internet (website) displayed quantities, weights, sizes, prices and the like are strictly informative. Although the main characteristics of products are displayed as accurately as possible, they have the character of an approximate indication and do not bind Trashious;
2.3. Quotations are valid as long as the stock lasts.
Article 3. Agreements
3.1. By placing an order with Trashious via the website, of which part of the process is selecting the ‘I’ve read and accepted the general terms and conditions’ box, consumer confirms to agree to the content of these general terms and conditions and a valid agreement is concluded.
3.2. Consumer receives from Trashious a confirmation of the agreement by e-mail.
Article 4. Prices
4.1. All prices stated in offers of products or services include VAT unless stated otherwise;
4.2. The shipping costs that are charged to the consumer will be displayed separately.
4.3 If an offer is subject to a limited period of validity or is made subject to conditions, it will explicitly be mentioned in the offer.
Article 5. Payment
Orders via the website can be paid using the payment methods listed on the site. When paying with a credit card issued by a third party or an electronic payment method, the conditions of the card issuer or bank are applicable.
Article 6. Right of withdrawal, cancellation and returning
6.1. Consumer is entitled to a cooling off period of 14 days after the product has been delivered to the consumer (or third parties, such as the neighbors), provided that the package is not broken (withdrawal period). This entitlement shall lapse if the products have been put into use. Consumer may return the product within the above period of 14 days;
6.2. To exercise the right of withdrawal, consumer must follow the steps in the return policy.
6.3. If the other party has exercised the right of withdrawal as mentioned in the previous paragraph and offers to Trashious the product, unused, with non-broken seal and/or sealing, in original packaging, complete and with any accessories supplied without usage damage within14 days after the revocation, Trashious shall be responsible for reimbursement of the payment to the other party within 14 days after receipt of the product;
6.4. The cost of return shipment shall be borne by the consumer.
Article 7. Delivery time, delivery, risk
7.1. In principle, Trashious strives to ship Internet orders within 24 hours. The delivery time, specified or agreed upon in the offer and/or order confirmation, shall not constitute a deadline and is only approximate, even if it has been expressly accepted by the other party;
7.2. The listed or agreed delivery time, in any case, but not exclusively, shall be automatically extended for the period (s) during which:
there is a delay in the manufacture and/or delivery and/or any other circumstance which prevents the execution temporarily, regardless of whether this can be attributed to Trashious;
consumer defaults in one or more obligations towards Trashious, or there is reasonable fear that he will fail in it, whether the reasons are justified or not;
consumer does not enable Trashious to execute the agreement; this situation occurs, for example, if the consumer fails to specify the place of delivery;
7.3. Consumer must receive and check the goods purchased at Trashious (see warranty). If the goods are rejected by consumer or delivery is not possible, the goods are stored by Trashious, this at the expense and risk of the consumer.
Article 8. Execution of the agreement
8.1. Trashious will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship;
8.2. Trashious is entitled, without the consent of the consumer to outsource or to have performed the contract or parts thereof by third parties who are not employed by Trashious;
8.3. Consumer shall ensure that all information, which Trashious considers to be necessary or which the consumer should reasonably understand to be necessary for the execution of the agreement, will be provided to Trashious in a timely manner. If the data, necessary for the execution of the agreement, have not been provided to Trashious in a timely manner, Trashious has the right to suspend the execution of the agreement;
Article 9. Warranty/complaint
9.1. Trashious guarantees that all cases are appropriate and legally permissible for the purpose for which they are intended, that they are in accordance with the agreed specifications;
9.2 With regard to what is provided elsewhere in these conditions, Trashious guarantees the soundness and quality of the products supplied by her for at least 1 year after delivery.
9.3. If a product is unusable due to damage during shipping, or does not match the ordered product, consumer has the ability to return this product and report this within 24 hours to Trashious;
9.4. Consumer is obliged, before using the delivered products, to read the information and advice accompanying the products;
9.5. Complaint is not possible if:
the delivered goods show any imperfections or abnormalities which fall within a reasonable tolerance;
the goods have been used for a purpose other than for which they are normally intended or in the opinion of Trashious have been used, stored or transported improperly,
the damage was caused by the negligence of the consumer,
the other party has not fulfilled its obligations towards Trashious (financial and otherwise);
9.6. If consumer complains, in compliance with the provisions of the agreement and these terms and conditions within five days after receipt, in writing, and his complaint is justified by Trashious, Trashious will, at her discretion, replace the defective items (or parts thereof) for free (after which the replaced goods shall become its property) or give a price reduction;
9.7 The handling of a complaint does not suspend the payment obligation of the other party;
9.8 If outside the above cases, consideration is given to a complaint, it is entirely voluntarily and the consumer can not derive any rights therefrom;
Article 10. Inspection and risk
10.1. The goods are inspected by Trashious before delivery.
10.2 The risk of loss or damage to the goods passes to the consumer at the time they are delivered to the other party legally and/or factually and thereby fall into the power of the consumer or a third party to be appointed by the consumer;
Article 11. Non-compliance/dissolution/suspension
11.1. Trashious is entitled to terminate the agreement with immediate effect, without judicial intervention, wholly or in part or suspend the execution, without prejudice to its rights otherwise attributable (to fulfillment and/or compensation) if:
consumer acts in conflict with any provision of the agreement between parties;
consumer dies, requests suspension of payments, or files for bankruptcy or bankruptcy of the consumer is petitioned;
any asset of the other party is seized;
11.2. The provisions of paragraph 1 of this article shall apply if the consumer, after being invited to do so in writing, has not made adequate security within seven days, in the opinion of Trashious.
Article 12. Retention of title
12.1. Delivery takes place under retention of title. This reservation shall apply with regard to claims for payment of all goods delivered or to be delivered by Trashious to the consumer under any agreement and/or in the context of delivery of work performed, as well as in respect of claims due to the failure of the other party to fulfill of these agreements;
12.2. In cases referred to Article 12 paragraph 1 above, Trashious is entitled to take back the goods delivered which in accordance with the preceding paragraph of this article have remained its property.
Article 13. Liability
13.1 Trashious is not liable for damage caused by any failure to fulfill its obligation(s) towards the consumer. The fulfillment of the obligations under guarantee/claim as defined in Article 9 above shall apply as sole and full compensation. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence of Trashious or managerial subordinates;
13.2 Trashious is not liable for intent or (gross) negligence of (non-executive) subordinates or of others she engaged in the framework of the implementation of the agreement;
13.3. Trashious accepts no liability for advice given by or on its behalf;
13.4 Consumer should always give Trashious the opportunity to settle a complaint, otherwise the liability claim and thus the compensation shall lapse.
13.5. If the other party complains promptly, correctly and rightly about defects in a product, the liability resulting thereof for Trashious is limited to the obligation to redeliver the product free of charge, new, upon return of the product proved to be defective;
13.6. Without prejudice to the other paragraphs of this article, the liability of Trashious, for whatever reason, is limited to the amount of the net price of the goods delivered. Compliance with this provision shall be the sole and complete compensation;
13.7. Notwithstanding the preceding paragraph, Trashious is never liable for damages which exceed the insured amount, insofar as the damage is covered by insurance taken out by Trashious;
13.8. Consumer is familiar with the safety regulations affixed to the goods and packaging and warnings to the consumer. Trashious is not liable for damages, including non-material damage and damage to health the other party and/or a third party may suffer and which is related to the use of the goods.
Article 14. Force majeure
14.1 Force majeure within the meaning of these terms and conditions is understood to mean any circumstance beyond the will and control of Trashious, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be required of Trashious, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, work strikes, lockout or lack of personnel, quarantine, epidemics, frost, failure of third parties engaged by Trashious for the purpose of the execution of the agreement ( such as late delivery by suppliers), etc.
14.2. Force majeure entitles Trashious to either terminate the agreement in whole or in part or to suspend the performance of her obligations, without being liable for damages. In respect of the already executed part of the agreement, consumer shall still be liable for payment.
Article 15. Personal data
Article 16. Intellectual property rights
16.1 All intellectual property rights relating to the products are vested in Trashious.
16.2 The other party is not permitted to reproduce, publish or imitate the products, without having obtained explicit permission from Trashious.
Article 17. Partial nullity
If one or more provisions of this Agreement by consumer are not, or not entirely valid, the remaining provisions shall remain in full force. Instead of the invalid provisions, a suitable arrangement is valid, which approximates the intention of the parties and the economic result pursued by them in a legally effective manner as closely as possible.
Article 18. Place of compliance, applicable law, competent court
18.1. The place of establishment of Trashious is where party must fulfill its obligations towards Trashious, unless mandatory provisions dictate otherwise.
18.2. On all offers and agreements of Trashious exclusively Dutch law applies.
18.3. All disputes arising from the agreement concluded between the party and Trashious or further agreements that may result therefrom, shall be settled by the competent court.