Terms and Conditions

Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Tactiv Recovery;
Day: calendar day;
Durable data carrier: any means that enables the consumer or Tactiv Recovery to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Distance agreement: an agreement whereby, within the framework of a system organized by Tactiv Recovery for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for communication on distance;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and Tactiv Recovery simultaneously meeting in the same room.

Article 2 – General

The following terms and conditions apply to all orders placed by the consumer with Tactiv Recovery via the website or the mobile website.
By using the website www.tactivrecoverynl, hereinafter referred to as tactivrecovery.nl /or by placing an order, the consumer accepts that the consumer is bound by the following general terms and conditions.
Only persons who have reached an age in which they are competent to enter into a legal transaction can place an order.
The fact that products or services are offered on tactivrecovery.nl at any time does not guarantee that these products or services will be available at all times. Tactiv Recovery reserves the right to withdraw products at any time.
Tactiv Recovery reserves the right to change these terms and conditions from time to time without prior notice to the consumer. The version of the general terms and conditions that applies to the consumer’s order is the version that can be found on tactivrecovery.nl at the time of placing the order.

Article 3 – Identity of the entrepreneur

Tactiv Recovery

Online store

Available: Monday to Friday from 09:00 to 17:00

E-mail address: [email protected]

Chamber of Commerce number: 81360797

VAT identification number: NL003554927B16

Article 4 – Applicability

These general terms and conditions apply to every offer from Tactiv Recovery and to every distance contract concluded between Tactiv Recovery and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. 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 on tactivrecovery.nl and that they will be sent free of charge as soon as possible at the request of the consumer electronically or otherwise. sent.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 5 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
The images of the range on tactivrecovery.nl are illustrative and intended to give the consumer an idea of the product; these are not binding.
Obvious mistakes or errors in the offer do not bind Tactiv Recovery.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 6 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
The consumer makes a binding order by entering into an agreement when he completes the ordering process by clicking on the “Complete order” button. As soon as the consumer has accepted the offer electronically, Tactiv Recovery will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Tactiv Recovery, the consumer can dissolve the agreement.
Tactiv Recovery takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. Tactiv Recovery will observe appropriate security measures when paying electronically by the consumer.
Tactiv Recovery can – within legal frameworks – inform itself 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, Tactiv Recovery has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
Tactiv Recovery will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
– the visit and/or e-mail address of Tactiv Recovery where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;

Article 7 – Right of withdrawal

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons until a period of 14 days has expired. 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 made known to Tactiv Recovery; or,

– if the consumer has ordered several products in the same order:

the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

– if the delivery of a product consists of several shipments or parts:

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

– in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 8 – Obligations of the consumer upon withdrawal

During the cooling-off 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. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for a decrease in the value of the product if Tactiv Recovery has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 9 – Exercise of the right of withdrawal by the consumer

In the event of dissolution of the agreement, the consumer is obliged to return the relevant products within 14 days. This period starts on the day that the consumer makes known that he wishes to make use of his right of withdrawal on the method indicated by Tactiv Recovery in the second paragraph.
If the consumer wishes to make use of the right of withdrawal, he must report this to Tactiv Recovery within the reflection period of 14 days by means of the enclosed return form or in another unambiguous manner (in writing) to Tactiv Recovery
14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Tactiv Recovery. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer must return the product to Tactiv Recovery with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Tactiv Recovery, which can be found under the heading “Shipping and Returns” on tactivrecovery .NL
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

Article 10 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the product will be borne by the consumer.

Article 11 – Obligations of Tactiv Recovery in case of withdrawal

If the consumer has paid an amount, Tactiv Recovery will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by Tactiv Recovery or that conclusive proof of complete return can be submitted by the consumer.
Tactiv Recovery uses the same means of payment for the refund as that used by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Tactiv Recovery does not have to reimburse the additional costs for the more expensive method.

Article 12 – Exclusion right of withdrawal

Tactiv Recovery can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Tactiv Recovery has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible in the case of:

goods manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

items that spoil quickly or have a limited shelf life;
goods that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
goods which, due to their nature, are irrevocably mixed with other goods after delivery;
audio and video recordings and computer software of which the seal has been broken after delivery;

f . the delivery of newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications;

Article 13 – Sending and returning; other than in case of withdrawal

If the consumer does not want to dissolve the entire agreement (right of withdrawal), but only wants to return a part, the consumer must send the product that he wants to return to Tactiv Recovery within a period of 14 days.
The costs of forwarding and returning the product are borne by the consumer.
The consumer must return the product to Tactiv Recovery with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Tactiv Recovery, which can be found under the heading “Shipping and Returns” on tactivrecovery .NL
If the consumer has paid an amount, Tactiv Recovery will refund this amount to the consumer as soon as possible, but no later than 14 days after receipt of the product or conclusive proof of return submitted by the consumer.

Article 14 – The price

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.
Contrary to the previous paragraph, Tactiv Recovery can offer products or services whose prices are subject to fluctuations in the financial market and which Tactiv Recovery has no influence on, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Tactiv Recovery has stipulated this and they are the result of statutory regulations or provisions; whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 15 – Gift vouchers from Tactiv Recovery

Gift vouchers or their residual value cannot be exchanged for cash.
It is not permitted to change, falsify, undermine or otherwise affect gift vouchers or their operation.
Any (attempted) fraud or other unauthorized action will be registered and will result in the use of gift vouchers being denied.
It is not permitted to use gift vouchers in any way for commercial purposes and/or purposes other than those for which they were issued.
The gift vouchers are valid for 1 year after the date of issue.

Article 16 – Conformity and Warranty

Tactiv Recovery guarantees that the products and/or services comply with

the agreement;
the specifications stated in the offer;
the reasonable requirements of soundness and/or usability and;
the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

A warranty provided by Tactiv Recovery, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Tactiv Recovery under the agreement.

Article 17 – Delivery and performance

Tactiv Recovery will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 5 of these general terms and conditions, Tactiv Recovery will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed or indicated on tactivrecovery.nl. 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 he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event that Tactiv Recovery is unable to deliver, because the ordered products have not been delivered to Tactiv Recovery by its own suppliers, Tactiv Recovery may withdraw from the agreement without fault. In such a case, Tactiv Recovery will inform the consumer and offer a comparable alternative. If a comparable product is also not available or if the consumer does not want to order the alternative, Tactiv Recovery will refund the amount paid to the consumer.
In the case of paragraphs 3 and 4, Tactiv Recovery will refund the amount paid by the consumer to the consumer as soon as possible, but no later than 30 days after dissolution.
The risk of damage and/or loss of products rests with Tactiv Recovery until the moment of delivery to the consumer or a pre-designated representative made known to Tactiv Recovery, unless expressly agreed otherwise.

Article 18 – Payment

The amounts owed by the consumer must be paid within 14 working days after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Tactiv Recovery.

Article 19 – Retention of title

The goods remain the property of Tactiv Recovery until payment has been made by the consumer. Before the transfer of ownership, pledging, processing or editing without permission from Tactiv Recovery is not allowed.

Article 20 – Complaints procedure

Complaints about the implementation of the agreement must be submitted fully and clearly described to Tactiv Recovery in writing (by e-mail or by post) within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Tactiv Recovery will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Tactiv Recovery will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. Tactiv Recovery is affiliated with Stichting WebwinkelKeur
In the event of complaints, a consumer should first of all turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), whiche will mediate for free. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 21 – Disputes

Only Dutch law applies to agreements between the Tactiv Recovery and the consumer to which these general terms and conditions apply.

Article 22 – Additional or deviating provisions

Additional or deviating provisions 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.

Terms and Conditions

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