General terms and conditions Tactic Carp

Email: info@tacticcarp.com

Website: www.tacticcarp.com

Article 1 - Definitions

1. Tactic Carp: Tactic Fishing BV, established in Tilburg, Chamber of Commerce number 90862295. 2. Customer: the person with whom Tactic Carp has entered into an agreement.
3. Parties: Tactic Carp and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

 

Article 2 - Applicability

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Tactic Carp.
  2. Tactic Carp and the Customer can only deviate from these conditions if this has been agreed in writing.
  3. Tactic Carp and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices

  1. Tactic Carp uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Tactic Carp may always change the prices of its services and products on its website and in other communications.
  3. Increases in the cost prices of products or parts thereof, which Tactic Carp could not have foreseen at the time of making the offer or concluding the agreement, may give rise to

    price increases.

  4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

 

Article 4 - Samples and models

1. When the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered with the sample or model correspond.

Article 5 - Payments and payment term

  1. Tactic Carp may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
  2. The Customer must make a subsequent payment within 7 days after delivery.
  3. The payment terms used by Tactic Carp are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default.

    and is in default, without Tactic Carp having to send a reminder or notice of default to the Customer.

  4. Tactic Carp may make delivery subject to immediate payment or require security for the total amount of the services or products.

 

Article 6 - Right of complaint

  1. If the Customer is in default, Tactic Carp may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
  2. Tactic Carp exercises its right of recovery by means of a written or electronic communication to the Customer.
  1. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to Tactic Carp, unless otherwise agreed in writing.
  2. The Customer pays the costs for retrieving or returning the products in paragraph 3.

 

Article 7 - Right of withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when: the product has been used
    it is a product that can spoil quickly, such as food or flowers
    it is a product that has been tailor-made or adapted especially for the consumer
    it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear, the seal is not intact, when it concerns data carriers with digital content, such as DVDs or CDs, the product or service is accommodation, a trip, a restaurant business, transport, concerns a catering assignment or a form of leisure activity
    the product is a separate magazine or newspaper
    the consumer has waived his right of withdrawal
  2. The reflection period of 14 days in paragraph 1 starts:
    on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
  3. The consumer can use his cooling-off period by sending an email with that subject to info@tacticcarp.com, possibly using the withdrawal form available on the Tactic Carp website, www.tacticcarp.com.
  4. The consumer must return the product to Tactic Carp within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

 

Article 8 - Reimbursement of delivery costs

  1. If the consumer has revoked his purchase on time and has returned the complete order to Tactic Carp on time, Tactic Carp will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
  2. Delivery costs will only be borne by Tactic Carp if the entire order is returned.

 

Article 9 - Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

 

Article 10 - Right of retention

  1. Tactic Carp may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Tactic Carp, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to Tactic Carp.
  3. Tactic Carp is not liable for any damage that the Customer suffers due to the use of his right of retention.

 

Article 11 - Retention of title

  1. Tactic Carp remains the owner of all delivered products until the Customer has paid all outstanding invoices from Tactic Carp relating to an underlying agreement, including claims due to failure to comply.
  2. Until that time in paragraph 1, Tactic Carp can exercise its retention of title and take back the goods.
  3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or encumber the products in any other way.
  4. If Tactic Carp makes use of its retention of title, the agreement will be canceled and Tactic Carp may demand damages, lost profits and interest from the Customer.

 

Article 12 - Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Tactic Carp, unless otherwise agreed.
  3. Delivery of products ordered online takes place at the address specified by the Customer.
  4. If the Customer does not pay the agreed amounts or does not pay them on time, Tactic Carp may suspend its obligations until the Customer pays.
  5. In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to Tactic Carp for late delivery.

Article 13 - Delivery time

  1. The delivery times of Tactic Carp are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Tactic Carp.
  3. The Customer will not receive any compensation and may not cancel the agreement if Tactic Carp delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Tactic Carp cannot deliver within 14 days, after being notified in writing or if the Customer and Tactic Carp have agreed otherwise.

 

Article 14 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time. Article 15 - Transport costs

1. The Customer pays the costs for transport, unless the Customer and Tactic Carp have agreed otherwise in writing. Article 16 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Tactic Carp liable for any damage.
  2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Tactic Carp prior to transport. If the Customer does not do this, he cannot hold Tactic Carp liable for any damage.

 

Article 17 - Custody

  1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

 

Article 18 - Warranty

  1. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
  2. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage due to negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party. third party who receives the product on behalf of the Customer.

 

Article 19 - Exchange

  1. The Customer may exchange a purchased item. The following conditions apply: exchange takes place within 14 days after purchase, whereby the Customer can show the original invoice
    the product is returned in the original packaging and with the original price tag attached and the product has not yet been used
  2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer and Custom products cannot be exchanged.

 

Article 20 - Indemnity

1. The Customer indemnifies Tactic Carp against all claims from others related to the products and/or services supplied by Tactic Carp.

 

Article 21 - Complaints

  1. The Customer must examine a product or service provided by Tactic Carp as quickly as possible for any shortcomings.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Tactic Carp thereof within 1 month after determining the shortcoming.
  3. A consumer must inform Tactic Carp of this within 2 months after discovering the shortcoming.
  4. The Customer provides as detailed a description as possible of the shortcoming, so that Tactic Carp can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Tactic Carp.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Tactic Carp perform other work than agreed.

 

Article 22 - Notice of default

1. The Customer must notify Tactic Carp in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches Tactic Carp on time.

 

Article 23 - Customer Liability

1. When Tactic Carp enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

 

Article 24 - Liability Tactic Carp

  1. Tactic Carp is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
  2. If Tactic Carp is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
  3. Tactic Carp is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
  4. If Tactic Carp is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

 

Article 25 - Expiry period

1. Any right of the Customer to compensation from Tactic Carp expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

Article 26 - Dissolution

  1. The Customer may cancel the agreement if Tactic Carp attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
  2. If fulfillment of the obligations by Tactic Carp is still possible, dissolution can only take place after Tactic Carp is in default.
  3. Tactic Carp may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when Tactic Carp has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations. fulfill.

 

Article 27 - Force majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Tactic Carp by the Customer cannot be attributed to Tactic Carp in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes:
    - a state of emergency such as a civil war or natural disaster
    - non-performance or force majeure of suppliers, deliverers or others - power, electricity, internet, computer or telecom disruptions
    - computer viruses
    - strikes
    - government measures
    - transport problems
    - bad weather conditions
    - work stoppages
  3. If a force majeure situation occurs as a result of which Tactic Carp cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Tactic Carp can fulfill them.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Tactic Carp may cancel the agreement in whole or in part in writing.
  5. Tactic Carp does not have to pay compensation to the Customer in a force majeure situation, even if Tactic Carp benefits from this.

 

Article 28 - Changes to agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and Tactic Carp can adjust the agreement.

 

Article 29 - Changes to general terms and conditions

  1. Tactic Carp may change these general terms and conditions.
  2. Tactic Carp may always make changes of minor importance.
  3. Tactic Carp will discuss major changes with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

 

Article 30 - Transfer of rights

  1. The Customer cannot transfer any rights under an agreement with Tactic Carp to others without written permission from Tactic Carp.
  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

 

Article 31 - Consequences of nullity or voidability

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Tactic Carp had in mind when drawing up the conditions on that point.

 

Article 32 - Applicable law and competent court

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Tactic Carp.
  2. The court in the district of Tactic Carp's registered office has exclusive jurisdiction to hear any disputes between the Customer and Tactic Carp, unless the law provides otherwise.

 

 

 

 

Prepared on January 30, 2024.