Terms and conditions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cancellation period: the period within which the consumer can exercise their right to cancel;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content during a specified period;
7. Durable medium: any means, including email, that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the stored information to be reproduced unchanged;
8. Right to cancel: the option for the consumer to back out of the distance contract within the cancellation period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which, up to and including the moment the contract is concluded, exclusive or partial use is made of one or more means of distance communication;
11. Model cancellation form: the European model cancellation form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right to cancel with regard to their order;
12. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be in the same room at the same time.
13. Subscription: a continuing performance contract under which the consumer commits to periodically purchasing and paying for products from the trader for a fixed term agreed in advance. The subscription ends automatically when this term expires and is not automatically renewed.

tiptoe B.V.
Kanaalweg 33, 2903 LR Capelle aan den IJssel
Phone number: +31 10 307 34 06
Email address: info@tiptoe.eu
Dutch Chamber of Commerce (KvK) number: 84538457
VAT number: NL863250592B01

1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer;
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms and conditions can be viewed at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request;
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be read electronically and that they will be sent free of charge at the consumer’s request, electronically or in another way;
4. If specific product or service terms apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.

1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer;
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. The trader is not bound by obvious mistakes or obvious errors in the offer;
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
4. An offer for a subscription also clearly states: the price per delivery period, the delivery frequency, the number of products per delivery, the fixed term of the subscription, how the consumer can pause or terminate the subscription during its term, and that the subscription ends automatically when the term expires and is not automatically renewed.

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it;
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract;
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this;
4. Within the legal framework, the trader may find out whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance;
5. No later than on delivery of the product, service or digital content to the consumer, the trader will send along the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium;
6. The visiting address of the trader’s establishment where the consumer can go with complaints;
7. The conditions under which and the way in which the consumer can exercise the right to cancel, or a clear statement that the right to cancel does not apply;
8. The information about guarantees and existing after-sales service;
9. The price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
10. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
11. If the consumer has a right to cancel, the model cancellation form;
12. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
13. When a subscription is taken out, the trader confirms the following by email: the chosen subscription type, the number of products per delivery, the delivery frequency, the price per delivery, the date of the next delivery and payment, and how the subscription can be terminated.

For products:

1. The consumer may cancel a contract for the purchase of a product during a cancellation period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for cancelling, but may not require them to give their reason(s);
2. The cancellation period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order of several products with different delivery times;
4. If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
5. for contracts for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, received the first product.

For subscriptions:

6. With a subscription, the consumer has the right to cancel the subscription without giving any reason within 14 days of receiving the first delivery. If the subscription is cancelled within the cancellation period, the subscription is rescinded in its entirety and all amounts already paid are refunded within 14 days, provided the unused products are returned in their original, unopened and sealed condition. Opened or used products are excluded from the right to cancel under Article 10(11) of these terms and conditions (hygiene).

For services and digital content not supplied on a tangible medium:

7. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for cancelling, but may not require them to give their reason(s);
8. The cancellation period referred to in paragraph 7 starts on the day after the contract is concluded.

Extended cancellation period for products, services and digital content not supplied on a tangible medium if the consumer was not informed of the right to cancel:

9. If the trader has not provided the consumer with the legally required information about the right to cancel or the model cancellation form, the cancellation period expires twelve months after the end of the original cancellation period determined in accordance with the previous paragraphs of this article;
10. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cancellation period, the cancellation period expires 14 days after the day on which the consumer received that information.

1. During the cancellation period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop;
2. The consumer is only liable for any reduction in the value of the product that results from handling the product in a way that goes beyond what is permitted in paragraph 1;
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right to cancel before or when the contract was concluded.

1. If the consumer exercises their right to cancel, they must notify the trader of this within the cancellation period by means of the model cancellation form or in another unambiguous way;
2. As quickly as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer returns the product or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case met the return deadline if they return the product before the cancellation period has expired;
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader;
4. The risk and the burden of proof for the correct and timely exercise of the right to cancel lie with the consumer;
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product;
6. If the consumer cancels after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the cancellation period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has fulfilled at the time of cancellation, compared with full performance of the obligation;
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if;
8. The trader has not provided the consumer with the legally required information about the right to cancel, the reimbursement of costs on cancellation or the model cancellation form, or;
9. The consumer has not expressly requested that performance of the service or the supply of gas, water, electricity or district heating begins during the cancellation period;
10. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
11. They did not expressly consent, before its supply, to performance of the contract beginning before the end of the cancellation period;
12. They did not acknowledge that they would lose their right to cancel when giving their consent; or
13. The trader failed to confirm this statement by the consumer;
14. If the consumer exercises their right to cancel, all supplementary agreements are automatically rescinded by operation of law.

1. If the trader allows the consumer to give notice of cancellation electronically, the trader will send an acknowledgement of receipt immediately after receiving this notice;
2. The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any case within 14 days of the day on which the consumer notifies them of the cancellation. Unless the trader offers to collect the product themselves, they may wait to make the refund until they have received the product or until the consumer shows that they have returned the product, whichever is earlier;
3. The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer;
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

The trader may exclude the following products and services from the right to cancel, but only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded:

1. Products or services whose price is tied to fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period;
2. Contracts concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if;
4. Performance has begun with the consumer’s express prior consent; and
5. The consumer has declared that they lose their right to cancel as soon as the trader has fully performed the contract;
6. Package travel as referred to in Article 7:500 of the Dutch Civil Code (BW) and contracts for passenger transport;
7. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance, other than for residential purposes, goods transport, car rental services and catering;
8. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
9. Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
10. Products that spoil quickly or have a limited shelf life;
11. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. This applies both to one-off orders and to deliveries under a subscription;
12. Products that by their nature are inseparably mixed with other products after delivery;
13. Alcoholic beverages whose price was agreed when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
14. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
15. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
16. The supply of digital content other than on a tangible medium, but only if:
17. Performance has begun with the consumer’s express prior consent; and
18. The consumer has declared that they thereby lose their right to cancel.

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 resulting from changes in VAT rates;
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market over which the trader has no influence at variable prices. This link to fluctuations, and the fact that any prices stated are target prices, are stated in the offer;
3. Price increases within 3 months of the contract being concluded are only permitted if they result from statutory regulations or provisions;
4. Price increases from 3 months after the contract is concluded are only permitted if the trader has stipulated this and:
5. They result from statutory regulations or provisions; or
6. The consumer has the power to terminate the contract with effect from the day on which the price increase takes effect;
7. The prices stated in the offer of products or services include VAT.
8. For subscriptions: if the trader wishes to change the subscription price, the consumer will be notified of this by email at least one (1) month before the effective date of the new price. In that case the consumer has the right to terminate the subscription free of charge as of the date on which the price change takes effect.

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use;
2. An extra guarantee provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil their part of the contract;
3. An extra guarantee means any commitment by the trader, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do if they have failed to fulfil their part of the contract.

1. The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services;
2. The place of delivery is the address the consumer has given to the trader;
3. With due regard to what is stated about this in Article 4 of these terms and conditions, the trader will carry out accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, 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 rescind the contract free of charge and the right to any compensation;
4. After rescission in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay;
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
6. With subscriptions, the products are delivered in accordance with the agreed delivery schedule. The trader informs the consumer by email when a new delivery is on its way.

Termination:

1. The consumer may terminate a contract entered into for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month;
2. The consumer may terminate a contract entered into for a fixed period for the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month;
3. The consumer may, with regard to the contracts mentioned in the previous paragraphs:
   • terminate them at any time and not be limited to termination at a particular time or in a particular period;
   • terminate them at least in the same way as they were entered into by the consumer;
   • always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal:

4. A contract entered into for a fixed period for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period;
5. Notwithstanding the previous paragraph, a contract entered into for a fixed period for the regular supply of daily, news and weekly papers and magazines may be automatically extended for a fixed period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month;
6. A contract entered into for a fixed period for the regular supply of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract is for the regular, but less than monthly, supply of daily, news and weekly papers and magazines;
7. A contract of limited duration for the regular introductory supply of daily, news and weekly papers and magazines (trial or introductory subscription) is not automatically continued and ends automatically at the end of the trial or introductory period.

Duration:

8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

This article applies to all subscriptions that the consumer takes out through the webshop of tiptoe B.V. for the periodic delivery of tiptoe naildrops.

Subscription type and term:

A subscription is a plan with a fixed term. The current subscription type (the number of products per delivery, the delivery frequency, the price per delivery and the term) is stated on the product page in the webshop at the time the subscription is taken out. Unless a different term is stated in the offer, the term is six (6) months.

Automatic end; no automatic renewal:

The subscription ends automatically when the agreed term expires. It is not automatically extended or continued, and no further deliveries or debits take place after it ends. If the consumer wants to continue after the term ends, they take out a new subscription themselves through the webshop.

Payment:

During the term, payment per delivery period is debited automatically through the payment method chosen by the consumer when taking out the subscription. The debit takes place at the start of each delivery period. After the subscription ends, the payment mandate is no longer used.

Pausing and terminating during the term:

The consumer can pause or terminate the subscription at any time during the term through the customer account on tiptoe.eu or by sending an email to info@tiptoe.eu. On termination, the subscription continues until the end of the current delivery period. The delivery already paid for will still be carried out and there is no refund for the current period; after that, no further deliveries or payments take place.

Changes to the subscription:

The consumer can ask to change the subscription (for example a different delivery frequency) through the customer account on tiptoe.eu or by email to info@tiptoe.eu. Changes take effect from the next delivery period and do not extend the agreed term.

Price changes:

If the trader wishes to change the price of a subscription, the consumer will be notified of this by email at least one (1) month before the effective date of the new price. In that case the consumer has the right to terminate the subscription free of charge before the effective date of the new price.

Right to cancel for subscriptions:

The consumer has the right to cancel the subscription within 14 days of receiving the first delivery, in accordance with Article 6 of these terms and conditions. After the cancellation period, the right to terminate during the term as described in this article applies.

1. Unless otherwise provided in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cancellation period or, if there is no cancellation period, within 14 days of the contract being concluded. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract;
2. When products are sold to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the order or service(s) in question before the stipulated advance payment has been made;
3. The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay;
4. If the consumer does not meet their payment obligation(s) on time, then, after the trader has pointed out the late payment and has given the consumer a period of 14 days to still meet their payment obligations, and if payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500.00; 10% on the next EUR 2,500.00 and 5% on the next EUR 5,000.00, with a minimum of EUR 40.00. The trader may deviate from these amounts and percentages in the consumer’s favour.
5. With subscriptions, payment is made automatically through the payment method chosen by the consumer (for example iDEAL, credit card or Bancontact) via the payment provider Mollie. By taking out a subscription, the consumer gives permission for recurring direct debits or payments. If an automatic payment fails, the trader will notify the consumer of this by email and offer a reasonable period to still make the payment.

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure;
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects;
3. Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint is expected to take longer to process, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer;
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute settlement procedure.

1. Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.

Provisions that are additional to or differ from these terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.