Terms and Conditions

Given the top quality of the materials, it is expected that this product will last for many years with normal (dry) household use and storage. We give a 10-year warranty on the effectiveness of the Twisty opener, provided it is stored normally (dry), is only used as a cap and lid opener and has not been disassembled.

We do our best to provide an optimal tool and therefore would like to receive your suggestions and comments, positive or critical.

The following General Terms and Conditions for consumers of Twisters were drawn up on May 16, 2020.

Summary

Once your order and payment have been received, we will post the item in a letterbox box the same day if possible. We only want satisfied customers. In the unlikely event that the Twisty opener should not meet expectations, please contact us within one month (tel. 06-50937618 or twistyopener@gmail.com). Then we ensure together that you do not regret your purchase. Not happy, money back. As soon as we have received the item clean and undamaged, we will refund the amount you paid to us to your account. Only the costs of the return are for your account.

Index

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 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following terms have the following meanings:

  1. Time for reflection: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
  4. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  5. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal.
  6. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
  7. Distance Agreement: an agreement in which, in the context of a system organized by the entrepreneur for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  8. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  9. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Twisters

Owner: Minke Greve-Stuart

Email: twistyopener@gmail.com

Phone: + (31) 6-50937618

Website: www.twisty-opener.com

Address: Burg. Serrarisstraat 68, 5591 EH Heeze, The Netherlands

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  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 can be made available to the consumer electronically in such a way that they can be easily stored 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 free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can 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 null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision stating from the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "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 will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  4. All images, specifications and data in the offer are indications and cannot give rise to compensation or termination of the agreement.
  5. Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of shipping;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and implementation of the agreement;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information about guarantees and existing service after purchase;
  9. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
  10. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

  1. When purchasing the product, the consumer has the option to dissolve the contract without giving any reason within 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. The condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
  3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

n / a

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. The prices stated in the offer of products or services include VAT.
  3. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period is 10 years. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  6. The consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;
  7. The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
  8. The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
  2. The place of delivery is the address that the consumer makes known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid in advance
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
  5. In case of complaints, a consumer should first turn to the entrepreneur.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge at his choice.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Privacy statement of Twisters

Twisters, located at Burgemeester Serrarisstraat 68, 5591 EH in Heeze, is responsible for the processing of personal data as shown in this privacy statement.

Contact details:
Minke Greve, owner, is the Data Protection Officer of Twisters. She can be reached via twistyopener@gmail.com and tel. 06-50937618

Personal data that we process
Twisters processes your personal data because you use our services and / or because you provide this information to us yourself. Below you will find an overview of the personal data that we process:
- First and last name
- Address data
- possibly telephone number
- E-mail address

Special and / or sensitive personal data that we process

Our website does not intend to collect data about website visitors

For what purpose and on what basis we process personal data

Twisters processes your personal data for the following purposes:
- Handling your payment
- to be able to call or e-mail you if this is necessary to be able to perform our services
- To deliver goods and services to you (first name, last name, billing address and delivery address)
–Twisters also processes personal data if we are legally obliged to do so, such as information that we need for our tax return. (only name, telephone number, e-mail address, billing address and delivery address)

Automated decision making
Twisters does not make decisions based on automated processing on matters that can have (significant) consequences for people. These are decisions taken by computer programs or systems, without involving a person (for example an employee of Twisters).
Twisters uses the following computer programs or systems: Standard CMS WordPress, WooCommerce webshop with SSL security.

How long do we keep personal data
Twisters does not store your personal data longer than is strictly necessary to achieve the purposes for which your data is collected. We use the following retention periods for the following (categories) of personal data:

  1. Name, address, e-mail address and telephone number as supplied by customers in orders.
  2. These data are kept for the duration of the legal term, namely 7 years.
  3. Other data is not kept and is not stored in a cloud environment.

Sharing of personal data with third parties
Twisters only provides to third parties and only if this is necessary for the execution of our agreement with you or to comply with a legal obligation. Data is not shared with others for commercial reasons.

Cookies
Twisters does not use cookies.

View, modify or delete data
You have the right to view, correct or delete your personal data. You can do this through twistyopener@gmail.com to request deletion of your data.

Twisters takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If you feel that your data is not properly secured or there are indications of abuse, please contact us via twistyopener@gmail.com.