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Terms of service

Table of Contents

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 the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Long-term Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

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

  1. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
  2. Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract concerning a series of products and/or services, with the obligation of delivery and/or purchase spread over time;
  5. Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future access and unchanged reproduction of the stored information;
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the withdrawal form provided by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used;
  10. Means of distance communication: any method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space;
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: TCT Trading
Chamber of Commerce number: 94855463
VAT number: NL005115794B44
Address: Vlietlaan 89, 3061DV Rotterdam

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general 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 data carrier before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer electronically or in another way free of charge upon request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.
  5. If one or more provisions of these general terms and conditions are at any time fully or partially null and void or invalidated, the agreement and these terms and conditions remain in effect for the rest, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted “in the spirit” of these terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur reserves the right to modify and adjust 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or the dissolution of the agreement.
  5. The images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
  6. Each offer contains sufficient information for the consumer to understand what their rights and obligations are in accepting the offer. This includes:
    • The price, including taxes;
    • Any potential shipping costs;
    • The way in which the agreement will be established and the necessary steps for this;
    • Whether or not the right of withdrawal is applicable;
    • The method of payment, delivery, and execution of the agreement;
    • The term for acceptance of the offer or the term within which the entrepreneur guarantees the price;
    • The level of the tariff for distance communication if the costs of using the communication technology are calculated on a basis other than the regular base rate for the used communication method;
    • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
    • The way the consumer can check and, if necessary, correct the data provided by them as part of the agreement before concluding the agreement;
    • Any other languages, besides Dutch, in which the agreement can be concluded;
    • The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically;
    • The minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 may, within legal limits, inquire about the consumer’s ability to meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance agreement. If, based on this inquiry, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.
  5. Upon delivery of the product or service, the entrepreneur will include the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:
    • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • Information on guarantees and existing after-sales services;
    • The data 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;
    • The conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Each agreement is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without providing reasons for a period of 14 days. This cooling-off period commences the day after the product is received by the consumer or a pre-designated representative made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories 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 exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must communicate this using the model form or another communication tool such as email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of a proof of shipment.
  4. If the consumer has not notified the entrepreneur of their intent to withdraw within the periods specified in paragraphs 2 and 3, or has not returned the product, the purchase is a fact.

For the delivery of services:

  1. For the delivery of services, the consumer has the option to cancel anytime. The service will be available for the month that has been paid. There will be no refunds made.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, they are responsible for the return shipping costs at most.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been returned or conclusive proof of complete return has been submitted. The refund will be made using the same payment method as used by the consumer unless the consumer expressly agrees to a different method.
  3. The consumer is liable for any reduction in value of the product resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functioning.
  4. The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • That have been created by the entrepreneur in accordance with the consumer’s specifications;
    • That are clearly personal in nature;
    • That cannot be returned due to their nature;
    • That spoil or age quickly;
    • Whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over;
    • For single issues of newspapers and magazines;
    • For audio and video recordings and computer software where the consumer has broken the seal;
    • For hygienic products where the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • Concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
    • Where the provision of the service has started with the express consent of the consumer before the cooling-off period has expired;
    • Concerning betting and lotteries.

Article 9 – The Price

  1. During the validity period 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • These are the result of legal regulations or provisions; or
    • The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous 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, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. 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:
    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or have been otherwise carelessly handled or used in violation of the instructions provided by the entrepreneur and/or on the packaging;
    • The defects are wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and in assessing requests for the provision of services.
  2. The delivery address is the address that the consumer has provided to the entrepreneur.
  3. Subject to what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders with appropriate speed but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation where applicable.
  4. All delivery periods are indicative. No rights can be derived from any mentioned periods. Exceeding a delivery term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 pre-designated representative announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a fixed term and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer can cancel the agreements mentioned in the previous paragraphs:
    • At any time and not be limited to cancellation at a specific time or in a specific period;
    • At least in the same way as they were entered into;
    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  1. An agreement that has been entered into for a fixed term and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. In deviation from the previous paragraph, an agreement that has been entered into for a fixed term and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a fixed term and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects, clearly described and complete.
  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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the case of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

TCT Trading

TCT trading is a unique trading system built around the understanding of Market Makers making sure you will always be on the right side of the market.

Disclaimer

All of the content available through this community is for educational purposes only. This is not financial advice and TCT is not liable for the outcomes of your investments or trades. Make sure you understand the risks involved in trading and investing by consulting a professional financial adviser. TCT does not claim to be professionally certified or licensed to give financial advice, and participation in this discord does not constitute entering into any type of fiduciary agreement with TCT.

The risk of trading in securities, particularly with cryptocurrencies, can be substantial. Individual results may vary, and testimonials are not claimed to represent typical results.

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