Terms of service

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                                                        <h1>Terms of service</h1><hr>

<h2>Article 1 – Definitions</h2>
<p>In these terms and conditions the following terms have been meanings referred to:</p>
<ol>
    <li>Supplementary agreement: an agreement whereby the consumer acquires products, digital content
        and/or services in connection with a distance agreement and these goods, digital content and/or
        services are delivered by the business or by a third party on the basis of an agreement between that third
        party and the business.
    </li>
    <li>Cooling-off period: the period during which the consumer can use his right of withdrawal.</li>
    <li>Consumer: The natural person who is not acting for purposes relating to his trade, business, artisan or
        professional activity.
    </li>
    <li>Day: calendar day.</li>
    <li>Continuing performance contract: an agreement relating to the regular delivery of goods, digital content
        and/or services during a certain period.
    </li>
    <li>Right of withdrawal: the possibility the consumer has of cancelling the distance agreement during the
        cooling-off period.
    </li>
    <li>Business: the natural person or legal entity that offers products, (access to) digital content and/or services
        remotely to consumers.
    </li>
    <li>Distance agreement: an agreement which is entered into between the business and the consumer within
        the framework of an organised system for the distance selling of products, digital content and/or services
        whereby, up to and including the closure of the agreement, one or more techniques for distance
        communications are exclusively or jointly used.
    </li>
    <li>Model withdrawal form: the European model withdrawal form which is included in Annex I of these terms
        and conditions.
    </li>
</ol>
<h2>Article 2 - The identity of the business</h2>

<p>Tonone B.V.<br/>
    Veemarktkade 8c, 5222 AE ’s-Hertogenbosch<br/>
    Telephone number: +31 (0)85 7821333<br/>
    Email address: info@tonone.com<br/>
    Chamber of Commerce no: 58862692<br/>
    VAT identification number: NL853213215B01
</p>
<h2>Article 3 – Applicability</h2>
<ol>
    <li>These general terms and conditions apply to any offer by the business and to any agreement between the
        business and a consumer.
    </li>
</ol>
<h2>Article 4 - The offer</h2>
<ol>
    <li>If an offer has a limited period of validity, or is made subject to conditions, this will be explicitly stated
        in
        the offer.
    </li>
    <li>The offer contains a complete and accurate description of the products, digital content and/or services
        offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the
        business uses illustrations, these will be a faithful representation of the products, digital content and/or
        services offered. Apparent mistakes or errors in the products and services offered are not binding to the
        business.
    </li>
    <li>Each offer will contain sufficient information to clarify to the consumer the rights and obligations which are
        attached to acceptance of the offer.
    </li>
    <li>Special offers and promotions are valid as long as stocks last.</li>
</ol>

<h2>Article 5 - The agreement</h2>
<ol>
    <li>Subject to the provisions of paragraph 4 the agreement is formed at the moment of acceptance of the
        offer by the consumer and the fulfilment of the conditions stated therein.
    </li>
    <li>If the consumer has accepted the offer by electronic means, the business will immediately confirm receipt
        of the offer acceptance by electronic means. The consumer can dissolve the agreement as long as the
        business has not confirmed receipt of this acceptance.
    </li>
    <li>If the agreement is formed electronically, the business will take suitable technical and organisational
        measures to protect the electronic transfer of data and will arrange a safe web environment. If the
        consumer can pay electronically, the business will have suitable security measures in place.
    </li>
    <li>Within the statutory frameworks the business can find out whether the consumer can fulfil his payment
        obligations, as well as all the facts and factors which are important for the responsible conclusion of the
        agreement. If, as a result of these investigations, the business has good grounds for not concluding the
        agreement, the business will be entitled, while providing reasons, to refuse an order or request or to
        attach special conditions to its execution.
    </li>
</ol>
<h2>Article 6 - Right of withdrawal</h2>
<ol>
    <li>The consumer can dissolve a distance agreement relating to the purchase of a product during a coolingoff period
        of at least 14 days without having to state reasons. Although the business may ask the consumer
        for the withdrawal reason, the consumer is not obliged to state his reason(s).
    </li>
    <li>The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third
        party designated by the consumer, that is not the transport operator, has received the product, or:
        <ol type="a">
            <li>if the consumer has ordered a number of products in one and the same order: the day on which the
                consumer, or a third party the consumer has designated, has received the final product; The business
                may refuse an order for several products with different delivery times provided the business has
                clearly informed the consumer to that effect prior to the order process.
            </li>
            <li>if the delivery of a product consists of various consignments or parts: the day on which the consumer,
                or a third party the consumer has designated, has received the final consignment or the final part.
            </li>
            <li>in the case of agreements for the regular delivery of products during a certain period: the day on
                which the consumer, or a third party the consumer has designated, has received the first product.
            </li>
        </ol>
    </li>
</ol>
<h2>Article 7 - Obligations of the consumer during the cooling-off period</h2>
<ol>
    <li>During the cooling-off period, the consumer will look after the product and the packaging. The consumer
        will only unpack or use the product to the extent that is necessary in order to determine the product’s
        nature, characteristics and operation. The point of departure in this regard is that consumers may only use
        and inspect the products as they would do in a store.
    </li>
    <li>The consumer is only liable for any decrease in value of the product which is the consequence of handling
        the product which goes beyond what is permitted in paragraph 1.
    </li>
    <li>The consumer is not liable for any decrease in value of the product if the business does not provide the
        consumer with all the information regarding the right of withdrawal, that is required by law, before or upon
        conclusion of the distance agreement.
    </li>
</ol>
<h2>Article 8 - Exercising the right of withdrawal by the consumer and the related costs</h2>
<ol>
    <li>If consumers use their right of withdrawal, they must report this to the business during the cooling-off
        period using the model withdrawal form, or in another unequivocal way.
    </li>
    <li>As quickly as possible, but in any event within 14 days from the day following the notification referred to in
        paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the
        business. The above is unnecessary if the business has offered to collect the product itself. The consumer
        must, in any event, observe the return deadline if the product is returned before the end of the cooling-off
        period.
    </li>
    <li>The consumer then returns the product with all accessories supplied, if reasonably possible in its original
        state and packaging, and in accordance with the reasonable and clear instructions issued by the business.
    </li>
    <li>The consumer bears the risk and burden of proof for the correct and timely exercising of the right of
        withdrawal.
    </li>

    <li>The consumer bears the direct costs of returning the product. If the business has not stated that the
        consumer must bear these costs, or if the business indicates that it will pay the costs itself, the consumer
        does not have to bear the costs for returning the product.
    </li>
    <li>If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of
        law.
    </li>
</ol>
<h2>Article 9 - Obligations of the business in the event of withdrawal</h2>
<ol>
    <li>If the business makes it possible for the consumer to issue a notification of withdrawal electronically, the
        business will immediately send a confirmation of receipt, after receipt of this notification.
    </li>
    <li>The business will reimburse all payments by the consumer, including any delivery costs charged by the
        business for the returned product, immediately, but in any event within 14 days following the day on which
        the consumer has notified the business of the withdrawal. Unless the business offers to collect the product,
        the business is entitled to delay repayment until the product has been received or until the consumer
        demonstrates that the product has been returned, whichever is earlier.
    </li>
    <li>The business will use the same payment method for repayment as the consumer used, unless the
        consumer agrees to a different method. The consumer will not be charged for any repayments.
    </li>
    <li>If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery,
        the business will not have to repay the additional costs for the more expensive method.
    </li>
</ol>
<h2>Article 10 - Exclusion of right of withdrawal</h2>
<ol>
    <li>Products manufactured in accordance with the consumer’s specifications and which have not been
        prefabricated and which have been manufactured on the basis of an individual choice or decision by the
        consumer, or which are clearly intended for a specific person, are excluded from the right of withdrawal.
    </li>
</ol>
<h2>Article 11 - The price</h2>
<ol>
    <li>During the period of validity referred to in the offer, the prices of the products and/or services offered will
        not be increased except in the event of price changes as a consequence of changes in VAT rates.
    </li>
    <li>Contrary to the previous paragraph, the business can offer products or services at variable prices if their
        prices are linked to fluctuations on the financial market on which the business does not have any influence.
        This link to fluctuations and the fact that any prices stated are indicative prices will be stated when the
        products or services are offered.
    </li>
    <li>Price increases within 3 months after the formation of the agreement are only permitted if they are the
        consequence of statutory regulations or provisions.
    </li>
    <li>Price increases as from 3 months after the formation of the agreement are only permitted if the business
        has stipulated this and:

        <ol type="a">
            <li>they are the consequence of statutory regulations or provisions; or</li>
            <li>the consumer is authorised to cancel the agreement as from the day on which the price increase comes
                into effect.
            </li>
        </ol>
    </li>
    <li>The prices referred to in the offer of products or services include VAT.</li>

</ol>

<h2>Article 12 - Fulfilment of agreement and extra guarantee</h2>
<ol>
    <li>The business guarantees that the products and/or services fulfil the agreement, the specifications
        referred
        to in the offer, the reasonable requirements of soundness and/or usability and the statutory
        provisions
        and/or government regulations that exist on the date of formation of the agreement. If agreed, the
        business also guarantees that the product is suitable for use other than normal use.
    </li>
    <li>An extra guarantee issued by the business, its supplier, manufacturer or importer will never
        restrict the
        statutory rights and claims which the consumer can invoke vis-à-vis the business on the grounds of
        the
        agreement if the business has failed in the fulfilment of its part of the agreement.
    </li>
    <li>Extra guarantee means any commitment by the business, its supplier, importer or producer in which
        the
        business allocates certain rights or claims to the consumer which go beyond its legal obligation in
        the
        event of failure to fulfil its part of the agreement.
    </li>
</ol>
</ol>
<h2>Article 13 - Delivery and execution</h2>
<ol>
    <li>The business will observe the greatest care when receiving and executing orders for products and when
        assessing requests for the provision of services.
    </li>

    <li>The delivery location is the address communicated by the consumer to the business.</li>
    <li>With due regard for the relevant stipulations of Article 5 of these general terms and conditions the
        business will execute orders with due speed but by no later than within 30 days, unless a different delivery
        date has been agreed. If the delivery is delayed, or if an order cannot be carried out (in full), the
        consumer
        will be informed by no later than 30 days after the order was placed. In that case the consumer will be
        entitled to dissolve the agreement at no cost and will be entitled to possible compensation.
    </li>
    <li>After dissolution in accordance with the previous paragraph, the business will immediately repay the
        amount that the consumer paid.
    </li>
    <li>The risk of damage and/or loss of products is vested in the business up until the moment of delivery to the
        consumer, or a predetermined representative as communicated to the business, unless explicitly agreed
        otherwise.
    </li>
</ol>
<h2>Article 14 – Payment</h2>
<ol>
    <li>Insofar as not stipulated otherwise in the agreement or supplementary conditions, the amounts payable by
        the consumer must be paid within 14 days after the commencement of the cooling-off period or, in the
        absence of a cooling-off period, within 14 days after conclusion of the agreement. In the event of an
        agreement to provide a service, this period will start on the day after the consumer has received
        confirmation of the agreement.
    </li>
    <li>In the context of selling products to consumers, the consumer may never be obliged in general terms and
        conditions to make an advance payment of more than 50%. If an advance payment is agreed, the
        consumer cannot exercise any rights with regard to the execution of the order or service(s) in question
        before the agreed advance payment has been made.
    </li>
    <li>The consumer is obliged to inform the business immediately of any irregularities in the issued or stated
        payment details.
    </li>
    <li>If consumers do not fulfil their payment obligation(s) they will, after having been informed by the business
        of the late payment and after the business has granted the consumer 14 days to fulfil the payment
        obligations and if no payment is forthcoming within this 14-days deadline, owe the statutory interest on the
        amount still payable, with the business being entitled to charge the extrajudicial collection costs
        incurred.
        These collection costs will be for a maximum of: 15% over outstanding amounts up to € 2,500.00; 10% over
        the subsequent € 2,500.00 and 5% over the next € 5,000.00 with a minimum applying of € 40.00. The
        business can deviate from the amounts and percentages stated to the benefit the consumer.
    </li>
</ol>
<h2>Article 15 – Discount codes and gift cards</h2>
<ol>
    <li>The discount codes issued by the business are strictly personal and non-transferable.
    <li>If discount codes are misused, the business reserves the right to refuse to deliver products, or to charge
        the discount granted wrongly after all.
    </li>
</ol>
<h2>Article 16 - Complaints procedure</h2>
<ol>
    <li>The business has a sufficiently publicised complaints procedure which is the basis for the way it processes
        complaints.
    </li>
    <li>Complaints with regard to the execution of the agreement must be submitted to the business, along with
        a clear and full description, as soon as possible after the consumer has observed the defects.
    </li>
    <li>Complaints received by the business will be responded to within a period of 14 days, counting from the
        date of receipt. If a complaint is expected to take longer to process, the business will respond within a
        period of 14 days with a notification of receipt and an indication as to when the consumer can expect a
        more detailed response.
    </li>
    <li>In any event the consumer must give the business 4 weeks to resolve the complaint on the basis of mutual
        consultation. After this deadline the complaint will be regarded as a dispute which can be resolved via the
        dispute settlement procedure.
    </li>
    <li>It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).</li>
</ol>
<h2>Article 17 – Disputes</h2>
<ol>
    <li>Agreements between the business and the consumer to which these general terms and conditions relate
        are exclusively subject to Dutch law, unless mandatory rules stipulate otherwise.
    </li>
</ol>

<h2>Annex I: Model withdrawal form</h2>


<p>Model withdrawal form<br/>
    (only fill in this form and return it if you want to withdraw from the agreement)</p>

<p>- To: [name of business]</p>
<p>[geographical address of the business]<br/>
    [fax number of the business, if available]<br/>
    [email address or electronic address of the business]
</p>

<p>- I/We* hereby wish* to inform you that I/we* would like to withdraw our agreement concerning<br/>
    the sale of the following products: [product description]*<br/>
    the delivery of the following digital content: [description of the digital content]*<br/>
    the performance of the following service: [description of service]*
</p>

<p>
    - Ordered on*/received on* [date of order in the case of services or receipt in the case of products]<br/>
    - [Name of consumer(s)]<br/>
    - [Address of consumer(s)]<br/>
    - [Signature of consumer(s)] (only if this form is submitted on paper)
</p>

<p>* Please delete what is not applicable or supplement where necessary.</p>
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