Terms & Conditions
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
TIMI: based in Amsterdam and registered with the Chamber of Commerce under file number 58536140, trading as TIMI.
Website: the Website of TIMI, to be found on timi-shop.com and all of its subdomains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an agreement with TIMI and/or is registered on the Website.
Agreement: any arrangement or agreement between TIMI and the Client of which the General Terms and Conditions are an integral part.
General Terms and Conditions: these General Terms and Conditions.
Applicability of the General Terms and Conditions
The General Terms and Conditions apply to all offers, agreements and deliveries of TIMI, unless explicitly agreed otherwise in writing. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon TIMI if and in so far as TIMI has accepted them in writing.
Prices and information
All prices posted on the Website and in other materials originating from TIMI include taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
The content of the Website is composed with the greatest care. TIMI cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from TIMI are subject to obvious programming and typing errors.
TIMI cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Conclusion of the Agreement
The Agreement will be deemed to be concluded at the moment the Client accepts the offer of TIMI subject to the conditions laid down by TIMI.
If the Client has accepted the offer by electronic means, TIMI will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, TIMI will have the right demand fulfillment of the Client’s obligations until the correct data is received.
To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
The Client must keep its login credentials, user name and password strictly confidential. TIMI cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
If the Client knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify TIMI accordingly so as to allow TIMI to take appropriate measures.
Execution of the Agreement
As soon as TIMI has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
TIMI is authorized to engage third parties in the fulfillment of its obligations under the Agreement.
In principle, the delivery term is 14 days. Delivery may be affected in various ways, at the discretion of TIMI.
If TIMI is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
TIMI advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
If the ordered product can no longer be supplied, TIMI is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
Right of withdrawal/return
The Client will have the right to dissolve the distance Agreement with TIMI within 14 calendar days after receiving the product, free of charge and without stating reasons. Only the direct costs incurred for the return shipment are for the Client’s account. This means that the Client will have to pay the costs of returning the product. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. Specifically for Clients acting in their professional or commercial capacity, products may only be returned unused in their unopened packaging.
The Client can dissolve the Agreement in accordance with paragraph 1 of this article by returning the product to TIMI within the term stated in paragraph 1, or by informing TIMI within this same term about the fact that it has decided not to purchase the product and returning the product as soon as possible. Products can be returned to the following address: TIMI, Oostzaanstraat 48 1013 WN Amsterdam.
Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 30 days after dissolution of the Agreement.
Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
The right of withdrawal does not apply to:
– Products that TIMI has created in accordance with the consumer’s specifications;
– Products that are clearly of a personal nature;
– Products whose nature makes it impossible for them to be returned;
The Client shall pay the amounts due to TIMI in accordance with the ordering procedure and any payment methods indicated on the Website. TIMI is free to offer any payment method of its choice and may change these methods at any time.
Warranties and conformity
This article only applies if the Client is not acting in a professional or commercial capacity. If, notwithstanding the latter provision, TIMI provides a separate guarantee on the products, this applies to all types of Clients.
TIMI warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, TIMI will also warrant that the product is suitable for purposes other than its normal use.
Any warranties offered by TIMI, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.
If the delivered product fails to satisfy the Agreement, the Client can notify TIMI accordingly within a reasonable period of time after discovering the defect.
If TIMI deems the complaint to be well founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. In accordance to the Article concerning liability, the refund cannot exceed the price paid for the product by the Client.
Complaints handling procedure
If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of TIMI’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
TIMI will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for TIMI to formulate a substantive reaction to the complaint by that time, TIMI will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
This Article only applies if the Client is a natural person or a legal entity who is acting in a professional or commercial capacity.
The total liability of TIMI in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
The liability of TIMI in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
Aside from the cases referred to in the two previous paragraphs of this Article, TIMI is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of TIMI.
TIMI will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to TIMI without delay stipulating a reasonable period of time in which to remedy the failure, and TIMI also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable TIMI to provide an adequate response.
Any event giving right to compensation is always subject to the condition that the Client reports the damage or loss in writing to TIMI as soon as possible, but no later than within 30 days after the damage or loss has arisen.
In the event of force majeure TIMI is not liable to pay compensation for any damage or loss the Client has incurred as a result.
Retention of title
As long as the Client has not made any full payment on the total amount agreed TIMI will retain ownership of all the goods delivered.
TIMI will process the Client’s personal details in accordance with the privacy statement published on the Website.
This agreement is governed by the laws of the country of establisment of the webshop.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where TIMI has its registered office.
If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.