General conditions – Kierstandhouder | Kierr

General conditions

General conditions Kierr

Index:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Conformity and guarantee

Article 9 – Delivery and execution

Article 10 – Complaints procedure

Article 11 – Disputes

 

Article 1 – Definitions

In these conditions:

Cooling-off 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 profession or business and enters into a distance contract with the entrepreneur;

Day : calendar day;

Transaction duration : a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;

Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur : the natural or legal person who offers products and / or services to consumers at a distance;

Terms and Conditions : the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Kierr

Postelstraat 5 Lieshout;

E-mail address:  info@kierstandhouder.nl

Chamber of Commerce number: 71267867

VAT number: 165742252B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
  2. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that the scope of the original approached as much as possible.
  3. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  4. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ‘in the spirit’ of these general conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
  5. Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

 

Article 5 – The contract

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not 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 he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

 

Article 6 – Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to terminate the contract without giving any reason for 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all 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. When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.

 

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the 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 cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
  4. The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

 

Article 8 – Conformity and Guarantee

  1. The entrepreneur warrants 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 legal provisions existing on the date of the conclusion of the agreement. / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. 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 guarantee does not apply if:
  • The consumer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;
  • The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;
  • The inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 9 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a 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 that the consumer has paid as soon as possible but no later than 14 days after termination.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of 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 and the entrepreneur announced representative, unless expressly agreed otherwise.

 

Article 10 – Complaints procedure

  1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.
  3. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  4. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products at its option or the delivered products free of charge.

 

Article 11 – Disputes

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