Terms and Conditions

Article 1          Applicability
1.     Under these Terms and conditions(‘Terms”) Tales Untold B.V. with KvK number 76158845 is referred to as the seller. The seller’s counterparty under these Terms is referred to as the buyer.Parties are the seller and the buyer.The agreement means the sales contract between parties. 
2.     These general terms and conditions are applicable to all offers, orders, agreements, and deliveries of the seller,including when trading under the name “Kapikiri PatPat”, PatPat or PatPatoil”.  
3.     Accepting an offer or placing an order means that the buyer accepts the applicability of these Terms. Deviations from a provision of these Terms is only possible with written approval from the seller, in which case the other provisions shall remain in full face. 
4.     All rights and claims, such as in these Terms, and in any further agreements for the benefit of the seller are also stipulated to be for the benefit of intermediaries and other third parties that are engaged with the seller.  

Article 2          Offers/Agreements
1.     All offers from the seller are without obligation and the seller expressly reserves the right to change prices,in particular, when necessary, because of (legal) regulations. 
2.     An agreement is only concluded after acceptance of the buyer’s order by the seller. The seller is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. 
3.     If an order is not accepted, the seller shall inform within ten (10) working days after receipt of the order. 

Article 3          Prices and Payments  
1.     The prices for the products and services offered are in Euros, including VAT, any taxes and/or other levies,unless stated otherwise agreed in writing. 
2.     If the prices for the products and services offered increase in the period between the order and the execution there of, the buyer is entitled to cancel the order or dissolve the agreement withinten (10) working days after notification of the price increase by the seller.  

Article 4          Force Majeure
1.     In case of force majeure the seller has the right, without prejudice to the other rights to which the seller is entitled, to suspend the execution of the buyer’s order, or dissolve the agreement with the buyer without judicial intervention, by informing the buyer of this in writing.
2.     In such case the seller shall not be obliged to pay any compensation, unless not paying compensation would be unacceptable in the given circumstances according to the standards of reasonableness and fairness. 
3.     Force majeure shall mean a shortcoming that cannot be attributed to the seller, because it is not due to the fault of the seller, and the seller is also not responsible for such shortcoming by law, legal act, or prevailing opinion. 

Article 5          Delivery
1.     The delivery times stated by the seller are only indicative. Exceeding any delivery period does not entitle the buyer to any compensation. The delivery of the products takes place at the place and time when the products are ready for shipment to the buyer. 
2.     The seller is entitled to deliver the goods in parts. The additional costs of the subsequent delivery shall be covered by the seller.  
3.     The seller is exonerated after delivering the products from all damages (directly or indirectly) which may occur to the buyer because of the products unless and insofar as there is intent or gross negligence by the seller.     
4.     If a force majeure situation arises and lasts longer than thirty (30) working days, both the seller and the buyer have the option to dissolve the agreement in writing, after which both parties are relieved of their obligations to each other, and any payments already made must be refunded. 

Article 6          Right of withdrawal
The buyer is entitled to cancel its purchase within 14 (fourteen) days after receipt of the product without giving any reason for cancellation. To exercise this right of cancellation the buyer must make use of the online Return Form from the PatPat website (www.patpatoil.com) and send the completed Return Form to the seller by e-mail: e-mail hello@patpatoil.com After the buyer’s online cancellation, the buyer has another 14(fourteen) days to return its product to the seller.  

Article 7          Reimbursements
The buyer will receive the paid purchase price including shipment costs.Only the costs regarding the buyer’s return shipment are for its own account.In case a damaged product or the wrong product has been delivered to the buyer the seller will pay the return shipment costs.The seller will reimburse the buyer on the same bank account as the buyer used for its purchase within 14 (fourteen) days after receiving the Return Form by e-mail to Tales Untold B.V.: hello@patpatoil.com under the condition that the product has already been returned in good shape. 

Article 8          State of the returned product
The buyer must return the product in good shape meaning including all accessories – and if reasonable possible – in its original state and packaging to the seller.  

Article 9          Liability
The seller is not responsible for damage or missing of buyer’s package during the return shipment by the buyer. 

Article 10        Exceptions to returning a product

In the following situations the buyer has no right to return its product:· Sealed products if the seal is broken. Products which are used, damaged or incomplete. Products of which the packaging is damaged through usage or uncareful opening of the packaging. If the product has been customized to the buyer’s specification.· Products for which the buyer did not make a timely online cancellation by email to the seller: e-mail: hello@patpatoil.com using the online Return Form of the PatPat website (www.patpatoil.com). Products which have been received later than 14 days after the buyer’s online cancellation. The buyer should pay attention! In case the buyer did not cancel its purchase agreement online using the Return Form bye-mail: hello@patpatoil.com within 14 days after its purchase the buyer cannot return the product. In case the buyer cancelled its purchase online in time and using the Return Form but did not return the product within 14 days after the online cancellation the buyer cannot return the product. Products which are damaged by the buyer’s doing or demonstrate signs of use cannot be returned.
Article 11        Retention of ownership
The ownership of the delivered products will only transfer to the buyer when the buyer has transferred everything, the buyer owes, under the agreement, to the seller. The risk regarding the product transfers to the buyer at the time of delivery.    

Article 12        Intellectual and Industrial property rights

The buyer must respect all intellectual and industrial property rights that rest on the products delivered by the seller fully and unconditionally. 

Article 13        Complaints
The buyer has the obligation to check on delivery whether the product meets the agreement. If this is not the case, the buyer must contact the seller via e-mail Tales Untold: hello@patpatoil.com  as soon as possible and in any case within two(2) working days after delivery, or if this is contrary to the principle of reasonableness and fairness, as soon as possible after discovery was reasonable possible.    

Article 14        Orders/communication
For misunderstandings, damages, delays or improper transmission of order data and communications because of the use of the Internet or any other means of communication in traffic between the buyer and the seller, or between the seller and third parties, insofar as related to the relationship between the buyer and the seller, the seller is not liable, unlessand insofar as there is intent or gross negligence by the seller.  

Article 15        Miscellaneous
1.     When the seller deviates from these Terms for a short or longer period, whether tacitly or not, it does so without prejudice to its rights to demand immediate and strict compliance with these Terms. The buyer can never assert any right on the grounds that the seller applies these Terms smoothly. 
2.     If one or more of the provisions of these Terms or one or more of the provisions of any agreement the buyer has with the seller conflicts with any applicable legal provision, the provision in question will lapse and will be replaced by a permissible comparable provision adopted by the seller.  
3.     The seller is authorized to use third parties for the execution of the buyer’s order(s). 

Article 16        Governing law and competent court
1.     All rights, obligations, offers, orders,and agreements to which these terms apply are exclusively governed by Dutch law. 
2.     All disputes between parties will be submitted exclusively to the competent court in the Netherlands.  

Last updated: September 2022