These General Conditions of Purchase were originally drawn up in the Dutch language. If use is made of a translated text, any possible lack of clarity resulting from the translation will be resolved on the basis of the Dutch text.

Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

Agreement: the agreement in which the consumer receives products and/or services in connection with a distance purchase contract and these products/services have been delivered by the company or a third party on the basis of an agreement between this third party and the company;

Business client: the purchaser acting in the course of a profession or a business;

Buyer: the purchaser/contracting party or anyone wishing to or entering into an agreement with the company;

Company: T.I.T.S. B.V.

Completion: the making available of the agreed goods and/or work, ready for use as agreed;

Consumer: a customer not acting in the course of a profession or a business;

Cooling-off period: the period within which the consumer may use its right of withdrawal;

Customer: the buyer/client or a person who concludes or wishes to conclude an agreement with the company;

Day: a calendar day;

Delivery: the actual offering of the purchased goods and/or the agreed goods and/or semi- finished products to the customer;

Digital contents: data produced and delivered in digital form;

Distance purchase: agreement between the company and the consumer in connection with an organised system for distance sale and purchase of products, digital contents and/or services, involving solely or partly, up until the conclusion of the agreement, the use of one or more techniques for long distance communication;

Durable data carrier: every device, including e-mail, that enables the consumer or company to store personal information in a way that makes it possible to access or use this information in the future within a period that is relevant for the purpose for which this information was made available, and that enables unaltered reproduction of this stored data;

Right of withdrawal: the possibility for a consumer to cancel the distance contract within the cooling-off period;

Technique for long distant communication: device that can be used for the entering into of an agreement, without the need for the consumer and the company to be in the same space.

Article 2 – Identity of the Company

Name Company: T.I.T.S. B.V.

Office and visiting address: Pilotenstraat 18C, 1059 CJ Amsterdam

Telephone number: 020 6123 292

E-mail address: [email protected]

KvK-number: 62331949

BTW identification number: NL 854771864B01

Article 3 – Applicability

1. These general conditions are applicable to every offer of the company and to every distance purchase between the company and a consumer.

2. Before the conclusion of a distance purchase, the text of these general conditions will be made available to the consumer. If this is reasonably not feasible, the company will inform the consumer, prior to the conclusion of the distance purchase, in which way the general conditions are made available by the company and that these will be send to the consumer as soon as possible at its first request and free of charge.

3. In case the distance purchase is concluded electronically, in deviation of article 3.2, the text of these general conditions may be made available to the consumer electronically prior to the conclusion of the distance purchase, and in such a way that these general conditions can be easily stored on a durable data carrier by the consumer. If this is reasonably not feasible prior to the conclusion of the distance purchase, the company will inform the consumer, prior to the conclusion of the distance purchase, where the general conditions are made available electronically, and that the general conditions will be send to the consumer as soon as possible electronically or in any other way at its first request and free of charge.

4. The company maintains the right to change these general conditions from time to time, without informing the buyer.

Article 4 – The offer

1. The offer contains a complete and accurate description of the products, digital contents and/or services offered. The description is sufficiently detailed to enable the consumer to make an accurate judgement of the offer. If the company uses images, these images will be true representations of the products, services and/or digital contents. Apparent mistakes or obvious faults in the offer are not binding for the company.

2. Every offer contains such information, that the consumer’s rights and obligations by accepting the offer, are clear to the consumer.

Article 5 – The agreement

1. Notwithstanding article 5.4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions thereto.
If the consumer accepts the offer electronically, the company will confirm the receipt of the acceptance of the offer without delay. As long as the receipt of the acceptance is not confirmed by the company, the consumer may terminate the agreement.

2. In case the agreement is concluded electronically, the company will take appropriate technical and organisational measures to secure the electronic transfer of the data and he will provide a secure web environment. If the consumer is able to pay electronically, the company will take appropriate security measures.

3. The company may, within the boundaries of the law, inquire if the consumer is able to comply with its payment obligations, and may inquire on any facts and factors that might be important to responsibly enter into a distance purchase. If the company has good cause on the basis of this investigation for not entering into an agreement, it is entitled to refuse an order or request by such consumer or to impose special conditions on the execution thereof.

4. The company will, ultimately on the delivery of the product or services to the consumer, provide the following information in writing or in such a way that this information can be stored on a durable data carrier by the consumer:

- the visiting address of the company where the consumer may lodge complaints;
- the conditions and way in which the consumer can invoke its right of withdrawal, or a clear notification that the right of withdrawal is excluded;
- information regarding warranties and after sales;
- the price of the product, digital contents or service, including any taxes,
- if applicable, the method of payment, delivery or execution of the distance purchase;
- in case the consumer has a right of withdrawal, the standard form of withdrawal.

Article 6 – Right of withdrawal; exclusion

1. The consumer may terminate the purchase agreement for a product during a contemplation period of 14 days without cause. The company may request the reasons for the termination, but it cannot obligate the consumer to provide such reason(s).

2. The cooling-off period referred to in article 1, starts on the day following the day the consumer, or a third party designated by the consumer, not being the carrier, has received the product, or:

in case the consumer has purchased several products in one order:

the day on which the consumer, or a third party designated by it, has received the last product. The company may, if it has informed the consumer thereof prior to the ordering process in a clear matter, refuse an order including products with different delivery times; or:

in case the delivery of the products consist of multiple shipments or parts:

the day on which the consumer, or a third party designated by it, has received the last shipment or the last part.

Which products are excluded from the right of withdrawal?

The right of withdrawal of 14 days is excluded with products that are delivered to the consumer if these are:

- delivered in conformity with specifications of the consumer, or
- specially made for the consumer (so not prefabricated); or
- made on the basis of individual choices or decisions of the consumer;
- not suited for withdrawal for hygienic reasons, such as bathing clothes;
- clearly indicated for a specific person, or
- have by their nature been mixed irrevocably with other products.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer is obligated to take good care of the product and the packaging. The consumer will only unpack the product as far as necessary to establish the nature, characteristics and functionality of the product. Starting point is that the consumer can only treat and inspect products in the same way as in a store.

2. The consumer is only liable for loss of value of the product resulting from product handling beyond the handling described in sub 1.

Article 8 – Execution of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises its right of withdrawal, it will notify the company within the cooling-off period by using the standard form of withdrawal, or in another unequivocal way.

2. As soon as possible, but within 14 days following the day of the notification referred to in sub 1, the consumer will return the product, or will hand this over to (a representative of) the company. This is not necessary if the company has offered to pick up the product itself. The consumer has complied with the cooling-off period in any case if the product is returned before the ending of the cooling-off period.

3. The consumer will return the product complete, in original state and the consumer will make sure that it is wrapped in the original packaging. The consumer will return the product in conformity with reasonable and clear instructions of the company.

4. The risk and burden of proof for the correct and timely execution of the right of withdrawal, lies with the consumer.

5. The consumer bears the direct costs for returning the product.

Article 9 – Obligations of the company in case of withdrawal

1. The company will reimburse all payments of the consumer without delay, but in any case within 14 days following the day the consumer notifies the company of the withdrawal. Unless the company offers to pick up the product itself, in which case it may postpone the reimbursement until it has received the product or the consumer has provided sufficient proof that the product has been returned, whichever is sooner.

2. The company uses the same means of payment the consumer has used, unless the consumer agrees to another way of payment. The reimbursement is free of charge for the consumer.

3. If the consumer has chosen a more expensive way of transportation than the standard method, the company does not need to reimburse these extra costs.

Article 10 - Delivery and execution

1. The company will do its utmost when receiving and executing orders for products and with the handling of requests for the rendering of services.

2. The place of delivery will be the address indicated by the consumer to the company.

3. If no specific delivery period is agreed upon, the delivery period will be 30 days.

4. Notwithstanding article 4 of these conditions, the company will execute received orders expeditiously, but in any case within 30 days.

5. In case of a delay in delivery, or if the order cannot or only partly be executed, and the order is cancelled by the consumer, the company shall reimburse all payments of the consumer without delay as referred to in article 9.1.

6. The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer, or a representative indicated by the consumer to the company prior to the delivery, unless explicitly agreed otherwise.

Article 11 – Dispute resolution

1. The company has its own procedure for complaints as indicated on its website. Complaints will be dealt with in accordance with this complaints procedure.

2. Complaints about the execution of an agreement should be notified completely and clearly to the company within 14 days after the deficit has been established, failing which the consumer might loose its rights to claim.

3. Customers that file a complaint with the company will receive an answer within 14 days after the date of receipt. If the company foresees that the answer to a complaint will take longer, the company will answer the consumer with an indication of a more elaborate response.

Article  12 – Dutch law

Dutch law applies to all agreements that fall under the scope of these general conditions.