Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Fixed-term operations: duration, termination and extension
Article 13 – Payment
Article 14 – Complaint procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these general conditions, the following definitions apply :
Reflection period: the period during which the consumer can exercise his right of withdrawal.
Consumer: the natural person not acting in the exercise of a profession or a commercial activity and who concludes a distance contract with the professional ;
Day: calendar day ;
Duration transaction: distance contract relating to a series of products and / or services whose delivery and / or purchase obligation is spread over time ;
Durable data medium: any means allowing the consumer or the professional to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: possibility for the consumer to renounce the distance contract during the reflection period ;
Standard form: the standard withdrawal form made available by the entrepreneur, which the consumer can fill out when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers remotely ;
Distance contract: an agreement by which, within the framework of a system organized by the entrepreneur for the distance sale of products and/ or services, up to and including the conclusion of the agreement, exclusive use is made of one or more remote communication techniques ;
Distance communication technique: means that can be used for the conclusion of a contract, without the consumer and the entrepreneur being in the same room simultaneously.
General conditions: these general conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Turor BV
Geertruidenbergstraat 129
3086WG Rotterdam
Netherlands
T +(31) 020 809 5362
E info@turorparfum.com
CHAMBER OF COMMERCE 91780756
VAT number: NL865767920B01
Article 3 – Applicability
These general conditions apply to any offer made by the entrepreneur and to any contract and remote order concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be consulted at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible on request.
If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the request of the consumer.
If specific conditions relating to products or services apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general conditions are at any time totally or partially null or cancelled, the agreement and these general conditions also remain in force and the provision concerned is replaced without delay, by mutual agreement, by a provision that comes as close as possible to the object of the original provision.
Situations not provided for in these general conditions must be evaluated “in the spirit” of these general conditions.
Uncertainties concerning the interpretation or the content of one or more provisions of our general conditions must be interpreted “in the spirit” of these general conditions.
Article 4 – the offer
If an offer has a limited validity period or is subject to conditions, this will be expressly indicated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.
The offer contains a complete and precise description of the products and / or services offered. The description is sufficiently detailed to allow a good appreciation of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious errors or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data of the offer are indicative and cannot constitute a reason for compensation or dissolution of the contract.
The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:
the price includes taxes;
possible shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for this;
whether the right of withdrawal applies or not;
the method of payment, delivery and execution of the contract;
the deadline for accepting the offer, or the deadline within which the entrepreneur guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the means of communication used;
if the contract is archived after its conclusion and, if so, on which it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can verify the data that he has provided as part of the contract and, if he wishes, restore them;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur 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 case of a long-term transaction.
Article 5 – the contract
The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within the legal framework-inform himself whether the consumer can comply with his payment obligations, as well as all the facts and factors important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or a request or to attach special conditions to the execution.
The entrepreneur will send the following information together with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data medium:
the visiting address of the entrepreneur’s establishment where the consumer can complain;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
information about the guarantees and the existing service after the purchase;
the information contained in Article 4 paragraph 3 of these general conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.
Article 6-Right Of Withdrawal
During the delivery of the products :
The consumer has the right to terminate the contract without giving reasons within 14 days of purchasing the product. This reflection period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must treat the product and the packaging with care. He unpacks or uses the product only to the extent necessary to determine whether he wants to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur in accordance with the reasonable and clear instructions of the latter, with all the accessories provided and – as far as reasonably possible – in its original condition and packaging.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days from the date of receipt of the product. The consumer must do this by using the standard form or another means of communication, such as an e-mail contact. The consumer must return the product within 14 days of the date on which he has notified that he wishes to exercise his right of withdrawal. The consumer must prove that the delivered goods were returned on time, for example by providing proof of transport.
If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the customer has not notified that he wishes to exercise his right of withdrawal or cancellation, the purchase is real if the product has not been returned to the entrepreneur.
In case of provision of services :
As part of the provision of services, the consumer has the opportunity to terminate the contract without giving any reason for at least 14 days from the date of conclusion of the contract.
To exercise the right of withdrawal, the consumer must focus on the appropriate and clear instructions given by the entrepreneur with the offer and /or delivery at the latest.
To exercise your right of withdrawal, you must inform us at Y. Keskin Turor BV, Geertruidenbergstraat 129, 3086WG, Rotterdam, The Netherlands, info@turorparfum.com , + 31 020 809 5362 with a clear statement (for example, a letter sent by post or an e-mail) informing you of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory. You can also fill in and send the model withdrawal form or another clear declaration electronically via our website info@turorparfum.com. If you use this option, we will immediately send you a confirmation (for example by e-mail) of the receipt of this cancellation. In order for the withdrawal period to be respected, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
Article 7-costs in case of withdrawal
If the consumer makes use of his right of withdrawal, a maximum of the return costs will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the online store or that conclusive proof of complete return can be presented. The refund will be made via the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is responsible for any depreciation of the product.
The consumer cannot be held responsible for the depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase contract.
Article 8-exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in time for the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the consumer’s specifications;
which are clearly of a personal nature;
which, by their nature, cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygienic products whose SEAL has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for the services:
concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
whose delivery has begun with the express consent of the consumer before the expiration of the cooling-off period;
regarding bets and lotteries.
Article 9 – the price
During the validity period indicated in the offer, the prices of the products and/ or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that the prices mentioned are indicative prices are indicated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from regulations or legal provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
these result from regulations or legal provisions; or
the consumer has the right to terminate the contract with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No responsibility is accepted for the consequences of printing and typesetting errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10-conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of solidity and / or usability and the legal provisions and / or government regulations in force on the date of conclusion of the contract. In case of agreement, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, the manufacturer or the importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defect or incorrectly delivered product must be reported to the entrepreneur in writing within 2 months of the discovery of the defect.
The contractor’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;
the delivered products have been exposed to abnormal conditions or are handled recklessly or contrary to the instructions of the entrepreneur and /or have been handled on the packaging;
the inadequacy results in whole or in part from the regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11-delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing product orders and when evaluating requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is indicated in paragraph 4 of this article, the company will execute accepted orders promptly but at the latest within 30 days, unless the consumer has accepted a longer delivery time. If the delivery is delayed, or if an order cannot or only partially be fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from these periods. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest on delivery, it will be indicated in a clear and understandable way that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return are borne by the entrepreneur.
The risk of damage and / or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or to a pre-appointed representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 12-duration transactions: duration, termination and extension
Termination
The consumer may terminate at any time a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, in compliance with the agreed termination rules and with a notice period not exceeding one month.
The consumer may terminate a contract concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period in compliance with the agreed termination rules and with no more than one month’s notice.
The consumer can use the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to a cancellation at a certain time or in a certain period;
at least cancel in the same way that they were contracted by him;
always cancel with the same notice period that the entrepreneur has stipulated for himself.
Extension
A contract concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, a contract concluded for a fixed period and which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended contract before the end of the extension with a maximum of one month’s notice.
A contract concluded for a fixed period and which extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice of not more than one month and a notice of not more than three months in the case where the contract extends to the regular delivery, but less than once a month, of daily newspapers, news and weekly and magazines.
A limited-term agreement for the regular delivery of daily newspapers, news and weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13-Payment
Unless otherwise agreed, the sums owed by the consumer must be paid within 7 working days following the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report inaccuracies in the payment details provided or indicated to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs brought to the consumer’s attention in advance.
Article 14-Complaint procedure
The entrepreneur has a sufficiently publicized complaint procedure and processes the complaint in accordance with this complaint procedure.
Complaints regarding the performance of the contract must be submitted to the entrepreneur in a complete and clearly described manner within 2 months of the discovery of the defects by the consumer.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message 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 which is subject to the dispute resolution procedure.
In the event of a complaint, a consumer must first contact the entrepreneur. If the online shop is affiliated to Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl ), he will mediate free of charge. Check if this online store has a current subscription via https://www.webwinkelkeur.nl/ledenlijst /. If a solution has not yet been found, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and the entrepreneur and the consumer accept this binding decision. Submitting a dispute to this dispute commission involves costs that must be paid by the consumer to the competent commission. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr ).
A complaint does not suspend the obligations of the entrepreneur, unless otherwise specified in writing by the entrepreneur.
If a complaint is considered justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge.
Article 15-Disputes
The agreements between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16-additional or different provisions
Additional provisions or provisions derogating from these general conditions cannot be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable data medium.