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Below you will find our General Terms and Conditions. These General Terms and Conditions apply whenever you use or place an order via our Website and contain important information for you as a buyer. Please read these General Terms and Conditions carefully. We also recommend that you save or print these terms so that you can refer to them at a later date.
Traa Goods BV: established in Boxtel and registered with the Dutch Chamber of Commerce under registration number 97640115, trading under the name Dina Clogs.
Website: the website of Traa Goods BV, accessible via www.traaklompen.com and all associated subdomains.
Customer: the natural person or legal entity, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Traa Goods BV and/or has registered on the Website.
Agreement: any arrangement or agreement between Traa Goods BV and the Customer, of which these General Terms and Conditions form an integral part.
General Terms and Conditions: these General Terms and Conditions.
These General Terms and Conditions apply to all offers, agreements and deliveries made by Traa Goods BV, unless expressly agreed otherwise in writing.
If the Customer includes provisions or conditions in an order, confirmation or communication of acceptance that deviate from or are not included in these General Terms and Conditions, such provisions or conditions shall only be binding upon Traa Goods BV if and insofar as they have been expressly accepted in writing by Traa Goods BV.
If, in addition to these General Terms and Conditions, specific product or service conditions also apply, those conditions shall apply as well. However, in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favourable to them.
All prices stated on the Website and in other materials originating from Traa Goods BV include VAT and, unless otherwise stated on the Website, any other government-imposed taxes or charges.
If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. These costs will also be shown separately during the ordering process.
The content of the Website has been compiled with the greatest possible care. However, Traa Goods BV cannot guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and in other materials originating from Traa Goods BV are therefore subject to obvious programming and typographical errors.
Traa Goods BV cannot be held responsible for colour variations resulting from the quality or settings of a display screen.
The Agreement is concluded when the Customer accepts the offer made by Traa Goods BV and complies with the conditions stipulated by Traa Goods BV in connection with that offer.
If the Customer has accepted the offer electronically, Traa Goods BV shall immediately confirm receipt of the acceptance electronically. Until receipt of the acceptance has been confirmed, the Customer may terminate the Agreement.
If it appears that the Customer has provided incorrect information when accepting the offer or otherwise entering into the Agreement, Traa Goods BV shall be entitled to fulfil its obligations only after the correct information has been received.
Within the limits permitted by law, Traa Goods BV may investigate whether the Customer is able to meet their payment obligations, as well as all facts and circumstances relevant to entering into the Agreement responsibly. If, on the basis of this investigation, Traa Goods BV has reasonable grounds not to enter into the Agreement, it shall be entitled, stating its reasons, to refuse an order or request or to impose special conditions on its performance, such as advance payment.
To make optimal use of the Website, the Customer may register using the registration form/account registration option on the Website.
During the registration process, the Customer chooses a username and password with which they can log in to the Website after registration. The Customer is responsible for choosing a sufficiently secure password.
The Customer must keep their login details, username and password strictly confidential. Traa Goods BV shall not be liable for misuse of login details and may at all times assume that a Customer logging into the Website is in fact that Customer. Everything that takes place through the Customer's account is the responsibility and risk of the Customer.
If the Customer knows or suspects that their login details have come into the possession of unauthorised persons, they must change their password as soon as possible and/or notify Traa Goods BV so that Traa Goods BV can take appropriate measures.
Once the order has been received by Traa Goods BV, Traa Goods BV shall dispatch the products as soon as possible, subject to paragraph 3 of this Article.
Traa Goods BV is entitled to engage third parties in the performance of its obligations arising from the Agreement.
The Website shall clearly describe, in good time before the Agreement is concluded, the manner in which delivery will take place and the period within which the products will be delivered. If no delivery period has been agreed or stated, the products shall in any event be delivered within 30 days.
If Traa Goods BV is unable to deliver the products within the agreed period, it shall notify the Customer. In that case, the Customer may agree to a new delivery date or shall be given the option to terminate the Agreement free of charge.
Traa Goods BV recommends that the Customer inspect the delivered products and report any defects discovered within a reasonable period, preferably in writing or by email. See also the Article concerning warranty and conformity.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk relating to those products passes to the Customer. If expressly agreed otherwise, the risk may pass to the Customer at an earlier stage. If the Customer chooses to collect the products, the risk passes upon transfer of the products to the Customer.
Traa Goods BV is entitled to supply a similar product of comparable quality if the ordered product is no longer available. In that case, the Customer is entitled to terminate the Agreement free of charge and return the product free of charge.
This Article applies only if the Customer is a natural person who is not acting in the exercise of a profession or business. Business Customers therefore do not have a right of withdrawal. The Customer has the right to terminate the distance Agreement concluded with Traa Goods BV within 14 calendar days after receipt of the product, without giving any reason and without penalty. The withdrawal period starts on the day after the Customer, or a third party designated in advance by the Customer who is not the carrier, has received the product, or:
if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by the Customer, has received the last product;
if delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part;
in the case of agreements for the regular delivery of products during a specified period: the day on which the Customer, or a third party designated by the Customer, has received the first product.
Only the direct costs of returning the products shall be borne by the Customer. The Customer must therefore pay the return shipping costs. If these costs are higher than the regular postal rate, Traa Goods BV shall provide an estimate of these costs.
Any shipping and payment costs paid by the Customer for delivery of the product to the Customer shall be refunded if the entire order is returned.
During the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to determine the nature, characteristics and functioning of the products. The basic principle is that such inspection must not go beyond what the Customer would be permitted to do in a physical store.
The Customer shall only be liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted under the previous paragraph.
The Customer may terminate the Agreement in accordance with paragraph 1 within the period stipulated in this Article by sending the model withdrawal form (electronically) to Traa Goods BV or by otherwise making an unequivocal statement to Traa Goods BV that they wish to withdraw from the purchase. In the event of an electronic notification, Traa Goods BV shall confirm receipt of that notification. Following termination, the Customer has a further 14 days to return the product. It is also possible to return the product directly within the withdrawal period referred to in paragraph 1 of this Article, provided that the model withdrawal form or another unequivocal statement of withdrawal is enclosed.
Products can be returned to:
DINA Returns
Kapelstraat 9
5298 CT Liempde
The Netherlands
Any amounts already paid (in advance) by the Customer shall be refunded as soon as possible, but no later than 14 days after termination of the Agreement, using the same payment method used by the Customer to pay for the order. If the Customer has chosen a more expensive delivery method than the least expensive standard delivery method, Traa Goods BV is not required to refund the additional costs of the more expensive delivery method.
Unless Traa Goods BV offers to collect the product itself, Traa Goods BV may withhold the refund until it has received the product or until the Customer provides evidence that the product has been returned, whichever occurs first.
The Website shall clearly state, in good time before the Agreement is concluded, whether the right of withdrawal applies and any applicable procedure.
The right of withdrawal does not apply to:
Products manufactured by the trader in accordance with the consumer's specifications.
The Customer must make payments to Traa Goods BV using the payment methods specified during the ordering process and, where applicable, on the Website. Traa Goods BV is free to determine which payment methods it offers, and these may change from time to time. In the event of payment after delivery, the Customer shall have a payment period of 14 days starting on the day after delivery.
This Article applies only if the Customer is not acting in the exercise of a profession or business. If Traa Goods BV provides a separate warranty for the products, this warranty shall, without prejudice to the foregoing, apply to all types of Customers.
Traa Goods BV warrants that the products comply with the Agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date on which the Agreement was concluded. If specifically agreed, Traa Goods BV also warrants that the product is suitable for use other than its normal intended use.
Any warranty provided by Traa Goods BV, the manufacturer or the importer does not affect the statutory rights and claims that the Customer already has and may invoke under the Agreement.
If the delivered product does not comply with the Agreement, the Customer must notify Traa Goods BV within a reasonable period after discovering the defect.
If Traa Goods BV considers the complaint justified, the relevant products shall, following consultation with the Customer, be repaired, replaced or reimbursed. Subject to the Article concerning liability, the maximum reimbursement shall be equal to the price paid by the Customer for the product.
If the Customer has a complaint concerning a product (in accordance with the Article concerning warranty and conformity) and/or other aspects of the services provided by Traa Goods BV, the Customer may submit a complaint to Traa Goods BV by telephone, email or post. See the contact details at the end of these General Terms and Conditions.
Traa Goods BV shall respond to the Customer as soon as possible, but in any event within 7 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, Traa Goods BV shall acknowledge receipt of the complaint within 7 days and provide an indication of the period within which it expects to provide a substantive or final response.
This Article applies only if the Customer is a natural person or legal entity acting in the exercise of a profession or business.
The total liability of Traa Goods BV towards the Customer for an attributable failure to perform the Agreement shall be limited to compensation up to a maximum of the amount of the price agreed for that Agreement (including VAT).
Traa Goods BV shall not be liable towards the Customer for indirect damages, including, but expressly not limited to, consequential damages, loss of profits, loss of savings, loss of data and losses resulting from business interruption.
Except in the circumstances referred to in the previous two paragraphs of this Article, Traa Goods BV shall have no liability towards the Customer for damages, regardless of the grounds on which a claim for damages is based. However, the limitations set out in this Article shall cease to apply if and insofar as the damage is the result of wilful misconduct or gross negligence on the part of Traa Goods BV.
Traa Goods BV's liability towards the Customer for an attributable failure to perform an agreement shall arise only if the Customer promptly and properly gives Traa Goods BV written notice of default, providing a reasonable period in which to remedy the failure, and Traa Goods BV continues to fail to perform its obligations after that period has expired. The notice of default must contain as detailed a description of the failure as possible so that Traa Goods BV is able to respond adequately.
A condition for any entitlement to compensation is that the Customer reports the damage to Traa Goods BV in writing as soon as possible, but no later than 30 days after the damage has occurred.
In the event of force majeure, Traa Goods BV shall not be obliged to compensate the Customer for any resulting damage.
Until the Customer has made full payment of the entire agreed amount, all delivered goods shall remain the property of Traa Goods BV.
Traa Goods BV processes the Customer's personal data in accordance with the privacy statement published on the Website.
The Agreement shall be governed by Dutch law.
Unless otherwise prescribed by mandatory law, all disputes arising from or in connection with the Agreement shall be submitted to the competent Dutch court in the district in which Traa Goods BV has its registered office.
If any provision of these General Terms and Conditions is found to be null and void, this shall not affect the validity of the General Terms and Conditions as a whole. In such a case, the parties shall establish one or more replacement provisions that, to the greatest extent legally possible, reflect the purpose and intent of the original provision.
For the purposes of these General Terms and Conditions, “in writing” shall also include communication by email and fax, provided that the identity of the sender and the integrity of the email can be sufficiently established.
If, after reading these General Terms and Conditions, you have any questions, complaints or comments, please feel free to contact us in writing or by email.
Traa Goods BV
Van Salmstraat 19
5281 RP Boxtel
The Netherlands
Tel.: 0411 700275
Email: [email protected]
Dutch Chamber of Commerce (KvK): 97640115
