General terms & conditions
CONSUMER TERMS AND CONDITIONS OF SALE
Article 1 - General
These terms and conditions apply to all offers and sales between TIM bv and the buyer. Changes to our terms are only valid when TIM bv has agreed in written with these changes before supplying the goods.
Article 2 - Offers and orders
1. All prices on our site are without VAT and delivery costs unless stated otherwise
2. All prices on our site are valid for the period they are shown on the site
3. An order in whatever form (through the site, by email, telephone or fax) binds the buyer to accept our terms and conditions
4. Changes made by the buyer to prices, offers or terms are only valid with written approval of TIM bv
5. TIM bv is not bounded to supply goods when the price mentioned on the site or offer is clearly a mistake
6. TIM bv is not bounded to supply only part of the order or offer at the prices given for the total order or offer
7. Prices or offers are not automatically valid for repeat orders
Article 3 - Contract
1. The agreement between TIM bv and the buyer according to our terms and conditions will automatically apply upon ordering in whatever form (through online ordering, ordering by email, fax or telephone)
2. TIM bv will remain the legal owner of the goods until full payment of the goods has been made. The buyer is obliged to handle the goods with care.
Article 4 - Delivery
1. Unless agreed differently the order will be dispatched within the delivery date as indicated on the site upon ordering. Stock orders will be dispatched within 7 working days.
2. When goods cannot be dispatched within the stated delivery date, TIM bv will be granted another 4 weeks to dispatch the goods.
3. After this period the client has the right to cancel the order. TIM bv will not be eligible for any costs the buyer incurred with the cancellation of the order.
4. Unless stated differently the goods will be dispatched to the address of the buyer.
5. The buyer is obliged to accept delivery of the goods if send within the delivery term as stated in article 4.1 and 4.2.
6. Parcel deliveries are delivered by DPD (or a partner). When there is nobody available at the address to receive the parcel, DPD will try again the next day (if you have given a telephone number upon ordering they will contact you before re-delivering). After the second attempt the parcel will be send back to our warehouse. Additional costs to resend the parcel will be charged.
7. Deliveries on a palet will be carried out by an external transport company. Please note that the address must be reachable for a truck and the palet will be offloaded next to the truck. There must be somebdoy available to sign the freight. If there is nobody available or the address cannot be reached by truck the delivery will be carried out a second time after contact by telephone. If additional costs will be incurred they will be charged.
8. When goods are collected at our warehouse or showroom, the goods have to be inspected before signing the receipt of the goods. TIM bv is not liable for damage to the goods after the receipt of the goods.
9. Client has the duty to reject delivery by DPD or the transort company if transport damage is visible. TIM bv cannot claim for transport damages to DPD or the transport company after the parcel or palet has been accepted by the buyer.
10. If the buyer has to pay before dispatch the delivery time starts from the moment TIM bv has received payment.
11. If a part of the order can be delivered earlier (or be collected earlier) this can be discussed with TIM bv, the delivery costs will be calculated with the delivery index figures of the related products.
Article 5 - Returns
1. Other than article 4.9 TIM bv doesn't take goods back without written agreement. Goods which are taken back with agreement should not have been installed and the original packing should be complete and undamaged in order to receive a refund. Please take care that goods which are send back should be packed such that no transport stickers will be placed on the original box of the goods. Transport costs of returns are for the account of the buyer.
2. Wrongly delivered goods can be returned within 14 days from the date of receiving the goods. Please note article 5.1 for the state of the goods and the packaging. Transport costs will be paid by TIM bv.
Article 6 - Warranty
1. TIM bv warrants that the goods will be free from defects for a period of 1 year (or for the period of the factory warranty if longer) from the delivery. The guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, general wear and tear (for example hinges, cartridges & shower hoses are items that do need to be replaced periodically), damage due to poor installation or servicing or consequential loss.
2. The original invoice of TIM bv has to be provided in order to claim for warranty.
3. We will replace at our discretion, in part or whole, a product which is defective in operation, materials or workmanship (if the product is not longer available, we will endeavour to provide the nearest equivalent).
4. To be covered by the guarantee, all products should be installed by a certified installer in accordance with the instructions provided.
5. The product guarantee applies to the original purchaser or end user, is non-transferable and takes effect from the date of purchase.
6. Damage to a ceramic valve will only be guaranteed for 1 year and for kitchen fittings only when filter stop valves have been installed.
Article 7 - Claims
1. The buyer has to check the quality and quantity of the delivered items upon arrival. Any shortcomings which are visible must be reported by email within 48 hours from the moment of delivery.
2. Any shortcomings which were not visible should be reported within 5 days of the moment the problem is known and within the warranty period in order to receive replacement spare parts under the warranty.
3. If spare parts or new products are requested, which doesn't comply with article 7.1 oder 7.2, they will be seen as a a new order and will be charged as such.
Article 8 - Transition of Risk
1. From the moment goods are collected at our warehouse or has been accepted at delivery the risk of damage or loss is with the buyer.
2. When goods are accepted at the delivery address given by the buyer the risk of acceptance by another person then the buyer is with the buyer.
3. If goods has been delivered to a wrong address which has been provided in error by the buyer the risk of damage or loss of collecting the goods and resending the goods are with the buyer, additional transport costs will be charged.
Article 9 - Payment
1. If payment must be made before delivery of the order, payment should be on the bankaccount of TIM bv a minimum of two labour days before the shipment date.
2. If an order is cancelled or returned on basis of article 5, TIM bv will refund payment within 15 labour days.
3. Complaints on the delivery, quality or any sort doesn't give the right to suspend payment.
Article 10 - Liability
1. If a product delivered by TIM bv has an default, the liability of TIM bv towards the client is limited to the warranty as stated in article 6.
2. TIM bv accepts no liability for consequential loss, even if the factory is covered for such costs. The liability of TIM bv is maximized by replacing parts or a new product or refunding the purchase price of the default product.
3. TIM bv doesn't accept liability if the default is due to accidental or malicious damage, improper use or negligence, general wear or tear, or damage due to poor installation or servicing.
Article 11 - Supremacy
1. TIM bv cannot be kept to their obligation to deliver if TIM bv is faced with circumstances beyound their control, such as strikes, natural disasters, raw material shortages, production problems, bankruptcy of supliers.
2. If this situation occurs for more than two months TIM bv and/or the buyer have the right to cancel the order.
3. If part of the order can be supplied the buyer has the obligation to accept these goods. This will be seen as a seperate order for which article 11.1 and 1.2 will not count.
Article 12 - Complaints
1. All complaints related to the agreement or the functionality of the delivered goods have to be send by email and will be answered within 20 labour days.
Article 13 - Disputes
1. The contract for your purchase of the goods will be governed by Dutch Law, and in the event of any disputes, the Dutch court nearest the address of TIM bv, will have exclusive jurisdiction.
The European Commission will be provinding a plattform for online dispute resolution (ODR).
This is available from February 15, 2016 under https://ec.europa.eu/consumers/odr