Terms and Conditions

Terms and Conditions
General Terms and Conditions of the Agreement

Article 1 – Definitions

In these terms and conditions, the following terms are defined as follows:

  • Right of withdrawal: the period during which the consumer may exercise their right to withdraw from the agreement without being required to give any reason.

  • Consumer: a natural person who is acting for purposes that are not related to their commercial, business, trade, or professional activity.

  • Day: calendar day.

  • Long-term agreement: a distance contract relating to a series of products and/or services for which the obligation to deliver or receive is spread over time.

  • Durable data carrier: any tool that enables the consumer or the entrepreneur to store information addressed personally to them, in a way that allows future access and unaltered reproduction of the information for a period appropriate to the purpose for which the information is intended.

  • Professional or entrepreneur: a natural or legal person who, in the context of their professional activity, offers products and/or services remotely to consumers.

  • Distance contract: any agreement concluded between an entrepreneur and a consumer within the framework of an organized system for the remote sale or provision of goods or services, without the simultaneous physical presence of both parties.

  • Means of distance communication: any means used to conclude the agreement without the consumer and the entrepreneur being in the same place at the same time.

  • Terms and Conditions: these general contractual conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: TBecom
Address: Roggegers 23, 9251TL
Customer service email: info@Quinns-Cork.com
Registration number: 96574283
VAT number: NL867668606B01

Article 3 – Scope of Application

  1. These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts concluded with consumers.

  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

  3. If the contract is concluded electronically, the text of these general terms and conditions may also be provided electronically in such a way that the consumer can easily store it on a durable data carrier.

  4. In the case of additional specific conditions for certain products or services, the consumer may invoke the most favorable provision in the event of a conflict between those conditions and these general terms and conditions.

  5. The invalidity of one or more clauses in these general terms and conditions does not affect the validity of the remainder of the contract.

  6. Unforeseen situations shall be interpreted in line with the spirit of these terms and conditions.

Article 4 – The Offer

  1. If the offer is subject to a limited validity period or special conditions, this must be explicitly stated.

  2. The offer is non-binding. The entrepreneur reserves the right to modify or withdraw it.

  3. The description of the products or services must be complete and accurate to allow the consumer to make a well-informed decision.

  4. The images used must provide a true representation of the products. However, colors may slightly vary depending on the display device.

  5. Obvious errors or mistakes do not bind the entrepreneur.

  6. Each offer must include the following:

    • The price, including taxes or specified where applicable.

    • Any additional shipping or import charges, if applicable.

    • The procedure for concluding the contract.

    • Information about the right of withdrawal.

    • Accepted payment and delivery methods.

    • The duration of the offer or the price validity period.

    • Information on how the contract will be filed, if applicable.

    • Instructions on how the consumer can correct input errors before submitting the order.

    • Languages in which the contract can be concluded.

    • Any applicable codes of conduct endorsed by the entrepreneur.

    • The minimum duration of the consumer’s obligations under the contract.

    • Where relevant: details such as sizes, colors, and materials.

Article 5 – The Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

  2. If the consumer accepts the agreement electronically, the entrepreneur shall immediately confirm receipt of the acceptance.

  3. The entrepreneur takes appropriate technical measures to protect the electronic transmission of data.

  4. Before or at the time of delivery, the consumer shall receive written information about:

    • The entrepreneur’s contact details for complaints.

    • The withdrawal procedure.

    • Warranties and after-sales service.

    • Information referred to in Article 4, if not previously provided.

    • Cancellation conditions for long-term contracts.

    • In the case of replacement products, it must be clearly stated that the product is an alternative.

Article 6 – Right of Withdrawal

  1. The consumer may withdraw from the agreement without giving any reason within 14 calendar days after receiving the product.

  2. The entrepreneur shall provide the consumer with a withdrawal form in accordance with applicable regulations.

  3. During this period, the consumer may handle the product only to the extent necessary to verify its nature, characteristics, and functioning.

  4. The consumer must communicate their decision in writing or by email and return the product within 14 days after notifying the entrepreneur.

Article 7 – Costs Related to Withdrawal

  1. Return costs are the responsibility of the consumer, provided that this information has been clearly communicated before the contract is concluded. Otherwise, the entrepreneur will bear these costs.

  2. If the consumer has already made a payment, it will be refunded within a maximum of 14 days after receipt of the withdrawal notification, provided that the entrepreneur has received the product or proof of its shipment.

Article 8 – Exclusions from the Right of Withdrawal

The right of withdrawal may be excluded for the following products:

  • Made according to the consumer’s specifications.

  • Of a clearly personal nature.

  • That cannot be returned for hygiene or health protection reasons if the seal has been broken.

  • That may deteriorate or expire quickly.

  • Newspapers or magazines.

  • Software or digital content that is not sealed.

  • Services that have been initiated with the consumer’s consent during the withdrawal period.

Article 9 – Price

  1. Prices will not change during the validity period, except for changes required by law, such as VAT adjustments.

  2. Variable prices are allowed if they are subject to uncontrollable market fluctuations, but this must be explicitly stated.

  3. Typographical errors do not bind the entrepreneur.

Article 10 – Conformity and Warranty

  1. The sold products are covered by the statutory conformity warranty of three years from the date of delivery (Royal Decree 1/2007, Article 120).

  2. Any additional commercial warranty offered does not limit the consumer’s statutory rights.

  3. This warranty covers any non-conformity that exists at the time of delivery.

  4. Malfunctions caused by improper use or modifications made by the consumer or third parties are excluded from the warranty.

Article 11 – Delivery and Execution

  1. Orders will be delivered within a maximum period of 30 days, unless otherwise agreed.

  2. In case of delay or impossibility of delivery, the consumer will be informed and may cancel the agreement without penalty.

  3. In such a case, the refund will take place within a maximum period of 30 days.

  4. The entrepreneur bears the risk of loss or damage until the consumer or a designated third party receives the product.

  5. If delivery cannot take place because the buyer is not present at the specified shipping address or does not collect the package, and it is returned to the entrepreneur, this risk will be entirely borne by the buyer. In such cases, the buyer is not entitled to a refund of the purchase amount. Likewise, costs arising from the return shipment and any possible new shipment will be borne by the buyer. Any return shipment will only take place after these costs have been fully paid.

Article 11 bis – Import Duties and Taxes (DDU/DAP Deliveries)

  1. All products are shipped directly from outside the European Union to the address specified by the consumer.

  2. Deliveries take place under the Incoterm DAP (Delivered At Place) / DDU (Delivered Duty Unpaid), meaning that the consumer is legally considered the importer of the goods.

  3. Prices stated on the website are exclusive of VAT, import duties, customs clearance fees, and any other charges that may apply in the destination country.

  4. The consumer is solely responsible for the payment of such import duties, VAT, and clearance fees directly to the competent customs authorities or the carrier.

  5. By placing an order, the consumer expressly accepts that:

    • import VAT, customs duties, and clearance fees are not included in the purchase price;

    • these charges may be collected directly from the consumer by customs or the carrier upon delivery;

    • delivery shall only be deemed completed once these charges have been duly paid.

  6. If the consumer refuses or fails to pay the import charges, resulting in the package being delayed, refused, or returned, all resulting costs (including return shipment costs) shall be borne entirely by the consumer.

Article 12 – Long-term Contracts

  1. The consumer may terminate contracts of indefinite duration at any time with a notice period of no more than one month.

  2. Fixed-term contracts cannot be automatically renewed, except for specific periodic services such as press subscriptions.

  3. Contracts with a duration of more than one year can be terminated after that period with a notice period of one month.

Article 13 – Payment

  1. Unless otherwise agreed, the consumer must pay within 7 working days after concluding the agreement or from the electronic confirmation of the agreement.

  2. The entrepreneur may charge management fees in case of non-payment, provided the consumer has been informed of this in advance.

Article 14 – Complaints Procedure

  1. The consumer may file a complaint within 7 days after discovering the defect.

  2. The entrepreneur will respond within a maximum period of 30 days.

  3. If the issue is not resolved satisfactorily, the consumer may resort to an alternative dispute resolution system.

Article 15 – Applicable Law

This contract is governed by Irish law, without prejudice to the mandatory consumer protection provisions applicable in the country of residence of the consumer.

Article 16 – CESOP

In accordance with European legislation applicable as of 2024, payment service providers may record and report payment information to CESOP (European Centralised Payment Information System).