Terms and Conditions – The Tracking Solution

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
• Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
• Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
• Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
• Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
• Model form: the model withdrawal form made available by the trader, which the consumer can complete if they wish to exercise their right of withdrawal.
• Trader: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement concluded within the framework of a system organised by the trader for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
• Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being simultaneously present in the same place.
• General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader
Name of trader: The Tracking Solution
Business address: Havixhorst 16, 2402 MS, Alphen aan den Rijn
Chamber of Commerce number: 82670730
VAT number: NL862560536B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
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 are available for inspection at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall immediately be replaced by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

The price excluding taxes;
Any shipping costs;
The manner in which the agreement will be concluded and the actions required for this purpose;
Whether or not the right of withdrawal applies;
The method of payment, delivery and performance of the agreement;
The period for acceptance of the offer, or the period during which the trader guarantees the price;
The amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;
The way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in connection with the agreement;
Any other languages in which, in addition to Dutch, the agreement may be concluded;
The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of a long-term transaction.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.
The trader may, within legal limits, investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader will provide the consumer with the following information together with the product or service, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium:
a) The contact address of the trader’s establishment where the consumer can submit complaints;
b) The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c) Information about warranties and existing after-sales service;
d) the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the agreement;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
For the delivery of products:

When purchasing products, the consumer has the option to terminate the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product to the trader with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. The consumer must provide this notification by creating a ticket with the helpdesk at www.thetrackingsolution.nl. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods supplied were returned on time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the trader, the purchase is final. For the delivery of services:
For the delivery of services, the consumer has the option to terminate the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is concluded.
In order to exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or, at the latest, upon delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they shall bear no more than the costs of returning the goods.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader may 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 trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
a. Which have been produced by the trader in accordance with specifications provided by
the consumer;
b. Which are clearly personal in nature;
c. Which, by their nature, cannot be returned;
d. Which can spoil or become obsolete quickly;
e. Whose price is dependent on fluctuations in the financial market over which the trader has no influence;
f. For individual newspapers and magazines;
g. For audio and video recordings and computer software where the consumer has broken the seal.
h. For hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. Relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. Where performance has begun with the consumer’s express consent before the cooling-off period has expired;
c. Relating to betting and lotteries.

Article 9 – The price

During the period of validity stated in 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.
Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where such prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices will be stated in the offer.
Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer for products or services are indicative, including or excluding VAT.
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 or typographical errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly supplied products must be reported to the trader in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader’s instructions and/or the instructions on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this Article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this Article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal
Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and relating to the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

At any time and may not be restricted to termination at a particular time
or during a particular period;
At least in the same manner as they were entered into;
Always with the same notice period as the trader has stipulated
for itself. Renewal

An agreement entered into for a fixed period and relating to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period and relating to the regular supply of daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement entered into for a fixed period and relating to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement relates to the regular, but less than once per month, supply of daily newspapers, news publications, weekly newspapers and magazines.
An agreement of limited duration for the regular supply, by way of introduction, of daily newspapers, news publications, weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after expiry of the trial or introductory period. Duration
If an agreement has a duration of more than one year, the consumer may, after one
year, terminate the agreement at any time with a notice period of no more than one month,
unless reasonableness and fairness preclude termination before the end of the
agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately notify the trader of any inaccuracies in payment details provided or stated.
In the event of non-payment by the consumer, the trader, subject to statutory restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

The trader has a complaints procedure that has been sufficiently publicised and will handle complaints in accordance with this complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the trader. If no solution can be reached, the consumer has the option of having their complaint handled by Stichting GeschilOnline (www.geschilonline.nl). Its decision is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs which must be paid by the consumer to the committee concerned. Complaints may also be submitted via the
European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the trader unless the trader indicates otherwise in writing.
A complaint does not suspend the obligations of the consumer unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the supplied products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not
be to the detriment of the consumer and must be recorded in writing or in
such a manner that they can be stored by the consumer in an accessible way
on a durable medium.