Terms of service

General terms and conditions Tri-excellence
(Tri-excellence is a registered trade name of Synerplier BV)

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 - The price
Article 9 - Compliance and warranty
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes

Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal
2. Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur (Synerplier BV / Tri-Excellence);
3. Company: the legal person acting in the course of a business and entering into a distance contract with the entrepreneur (Synerplier BV / Tri-Excellence);
4. Day: calendar day;
5. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
6. Durable data carrier: any means that enables the consumer/company or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
7. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
8. Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
9. Entrepreneur: the natural or legal person offering products and/or services to consumers/companies at a distance;
10. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer/company and entrepreneur having come together in the same room at the same time.
12. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Synerplier BV (registered trade name Tri-Excellence)
Sint Antoniusstraat 19F
5144AA Waalwijk
The Netherlands
E-mail: info@tri-excellence.com
Chamber of Commerce No: 68899602
VAT number: NL857638993B01

 

Article 3 - Applicability
1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer/company.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer/company. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent (digitally) free of charge as soon as possible at the consumer/company's request.
3. 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/company electronically in such a way that it can be stored by the consumer/company in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge to the consumer/company upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of this agreement shall apply and in the event of conflicting general terms and conditions, the consumer/business may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approaches the purport of the original as much as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer/company. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are an indication and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

 

Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer/company accepts the offer and fulfills the conditions stipulated thereby.
2. If the consumer/company has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer/company can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer/company can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer/company can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall indicate on the web-shop/site the following information:
the entrepreneur's correspondence address where the consumer/company can go with complaints;
the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal (for consumers, not for companies)
On delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. The right of withdrawal only applies if the seal has not been broken and the packaging has not been opened or damaged. If the seal is broken or damaged and/or the packaging has been opened/damaged, the order is final and cannot be returned. When executing the right of withdrawal, the consumer will (when the seal/packaging has not been broken/opened/damaged) be credited for the full order amount excluding the original shipping costs. Also the return shipping costs from consumers location to the web shop location are for consumers account. If the consumer exercises the right of withdrawal, the product needs to be returned to the entrepreneur with all delivered accessories and in the original state and packaging.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form or by another means of communication such as e-mail. After the consumer has expressed his wish to make use of his right of withdrawal, the consumer should return the product within 14 days. The consumer has to prove that the delivered goods were returned in time, e.g. by means of a proof of dispatch.
4. If the consumer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the cost of initial and the costs of return shipment shall be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal has been physically received by the entrepreneur. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly requests/authorizes a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product. This is separate from what is described in article 6.2.

Article 8 - The price
1. During the validity period stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in statutory rates and/or incorrectly stated prices that the consumer/company might suspect are not reasonable/correct.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. The VAT of the prices mentioned in the offer of products or services are inclusive or exclusive of VAT, depending on how they are indicated in the webshop.
4. All prices are subject to printing and typesetting errors (also on the digital webshop). No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typographical errors, the entrepreneur is not obliged to supply the product according to the incorrect price.

Article 9 - Conformity and warranty
1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date the contract was concluded. If it has been agreed separately and in writing that the product is suitable for other than normal use, the entrepreneur also guarantees this.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer/business can enforce against the entrepreneur on the basis of the agreement.
3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing immediately, but at the latest within 7 days after discovery of the defect.
4. The guarantee period of the entrepreneur corresponds with the factory guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer/company, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
the consumer/company has repaired and/or modified the delivered products itself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is entirely or partially the result of regulations which the government has made or will make regarding the nature or the quality of the materials used.
6. The entrepreneur is in no way liable for direct, indirect or consequential damage to the products/services delivered, not even in case of normal use.

Article 10 - Delivery and implementation
1. The entrepreneur shall take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer/company has made known to the company.
3. With due observance of that stated in paragraph 4 of this article, the entrepreneur will execute accepted orders as soon as reasonably possible. Given the nature of the innovative and new to market products that entrepreneur offers, delivery can take longer then consumer could expect from commodity products. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer/company will be informed about this by the entrepreneur.
4. All delivery periods are indicative. The consumer/company may not derive any rights from any periods stated. Exceeding a term does not entitle the consumer/company to compensation.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. If no replacement article is available, the entrepreneur can dissolve the agreement without further obligation and without the right to compensation.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer/company or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 11 - Payment
1. Consumers and companies shall pay for the products / services in advance, unless expressly agreed otherwise.
2. The consumer/company has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. In case of non-payment by the consumer/company, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs incurred as well as all costs for collection and fulfillment of her rights. Also, in case of an enduring transaction, the entrepreneur may stop the deliveries of products/services without the consumer/company being able to claim any form of compensation/damage.

Article 12 - Complaints
1. If the consumers / company has a complaint, it can be made known via the e-mail address of the entrepreneur.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 14 days, after the consumer/company has found the defects.
3. The entrepreneur will answer the submitted complaints as soon as possible and seek a solution to the complaint in all reasonableness and fairness and within the legal frameworks.

Article 13 - Disputes
1. Contracts between the entrepreneur and the consumer/company to which these general terms and conditions relate are exclusively governed by Dutch law. Also if the consumer/company resides abroad.
2. The Vienna Sales Convention does not apply.