Shipping & Returns

DELIVERY CONDITIONS Todo Bien

Definitions

Todo Bien: Todo Bien, located in Tilburg under Chamber of Commerce number 64833186.
Customer: the person with whom Todo Bien has an agreement
Parties: Todo Bien and customer
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Todo Bien.
Parties can only deviate from these delivery conditions if they do so explicitly and in writing
The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

If the customer does not pay within the agreed term, Todo Bien is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month becomes a whole month
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Todo Bien.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Todo Bien may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Todo Bien's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Todo Bien, he is still obliged to pay the full agreed price to Todo Bien.

Right of advertising

As soon as the customer is in default, Todo Bien is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Todo Bien invokes the right to complain by means of a written or electronic form
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right applies to Todo Bien, unless the parties agree otherwise.
The costs for retrieving or returning the products will be borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a trip, ticket, catering assignment or form of leisure activity the product is not a separate magazine or newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal

The reflection period of 14 days as referred to in paragraph 1 starts:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via info@todobien.nl, if desired, using the withdrawal form available via the Todo Bien website, todobien.nl, can be downloaded.
The consumer is obliged to return the product to Todo Bien within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Todo Bien can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Todo Bien, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Todo Bien.
Todo Bien is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Todo Bien against a claim against Todo Bien.

Retention of title

Todo Bien remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Todo Bien, including claims regarding failure to comply with the agreement.
Until then, Todo Bien can at any time invoke its retention of title and take back the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Todo Bien invokes its retention of title, the agreement will be deemed to have been dissolved and Todo Bien has the right to claim damages, lost profits and interest.

Delivery

Delivery takes place as long as there is stock
Delivery takes place at Todo Bien, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, Todo Bien has the right to suspend its obligations until the agreed part has been paid.
Late payment constitutes a creditor's default, with the result that the customer cannot object to Todo Bien for late delivery.

Delivery time

The delivery times stated by Todo Bien are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties expressly agree otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Todo Bien.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Todo Bien cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Delivery of goods on order

The customer is obliged to purchase the goods produced by Todo Bien on his behalf.
If items have not been purchased by the customer after the delivery time has expired, they will remain at the disposal of Todo Bien. Items not purchased are stored at the expense and risk of the customer. Todo Bien may always use the authority of Article 6:90 of the Dutch Civil Code.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is placed in the customer's control.

Transportation costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Todo Bien cannot be held liable for possible damage.
If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Todo Bien prior to transport, failing which Todo Bien cannot be held liable for any damage.

Storage

If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Guarantee

The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.
The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be made clear.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Exchange

Exchanging purchased items is only possible if the following conditions are met:

Exchanges take place within 14 days of purchase upon presentation of the original invoice

the product is returned in the original packaging or with the original (price) tags still attached

the product has not yet been used

Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be purchased.

Disclaimer

The customer indemnifies Todo Bien against all claims from third parties related to the products and/or services supplied by Todo Bien.

Complaints

The customer must examine a product or service provided by Todo Bien as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Todo Bien of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Todo Bien within 2 months of discovering the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that Todo Bien 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 cannot in any case mean that Todo Bien can be obliged to perform work other than its

Notice of default

The customer must notify Todo of any notice of default in writing
It is the customer's responsibility that a notice of default actually reaches Todo Bien (in a timely manner).

Joint and several liability of the customer

If Todo Bien enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Todo Bien under that agreement.

Liability Todo Bien

Todo Bien is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Todo Bien is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
Todo Bien is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Todo Bien is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Todo Bien expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

The customer has the right to terminate the agreement if Todo Bien attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by Todo Bien is not permanently or temporarily impossible, dissolution can only take place after Todo Bien is in default.
Todo Bien has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Todo Bien has become aware of circumstances that give him good reason to fear that the customer has obligations will not be possible properly

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Todo Bien to fulfill any obligation towards the customer cannot be attributed to Todo Bien in a situation independent of Todo Bien's will, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which Todo Bien cannot reasonably be expected to fulfill its obligations
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and
If a force majeure situation occurs as a result of which Todo Bien cannot fulfill one or more obligations to the customer, those obligations will be suspended until Todo Bien can meet them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
Todo Bien is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Changes to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of delivery conditions

Todo Bien is entitled to change or modify these terms of delivery
Changes of minor importance can be made at any time
Todo Bien will discuss major substantive changes with the customer in advance as much as possible
A consumer is entitled to terminate the agreement in the event of a material change to the delivery conditions

Transfer of rights

Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Todo Bien.
This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2

Consequences of nullity or voidability

If one or more provisions of these terms and conditions of delivery prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Todo Bien had in mind on that point when drawing up the conditions.

Applicable law and competent court

These delivery conditions and every agreement between the parties are exclusively governed by Dutch law
The Dutch court in the district where Todo Bien is located has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Applicability of delivery conditions

These delivery conditions apply since December 1, 2021.