Terms and Conditions Kierr

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 – Conformity and warranty

Article 9 – Delivery and execution

Article 10 – Complaints procedure

Article 11 – Disputes.

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;

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

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

Article 2 – Identity of the entrepreneur

Kierr

Postelstraat 5 Lieshout;

Email address: info@kierr.nl

Chamber of Commerce number: 84649763

VAT number: NL003995555B15

Article 3 – Applicability.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
2. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
3. Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
4. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 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 these are a true reflection of the products and / or services offered.
   Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered.
   Entrepreneur cannot 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 the rights and obligations are, which are attached to the acceptance of the offer.
   This concerns in particular:

Article 5 – The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer.
   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 protect the electronic transfer of data and ensure a secure web environment.
   If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may – within legal frameworks – inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days.
   This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care.
   He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
   If he exercises his right of withdrawal, he will return the product with all accessories supplied 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 use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product.
   After the consumer has made it known that he wants to use his right of withdrawal, the consumer must return the product within 14 days.
   The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
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 revocation.
   Refund will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.

Article 8 – Conformity and Warranty

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 legal provisions and/or government regulations that existed on the date the contract was concluded.
   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 agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery.
   Products must be returned in their original packaging and in new condition.
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 himself or had them repaired and/or modified by a third party;
• The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
• The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 9 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period.
   If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed.
   The consumer in that case has the right to dissolve the agreement without cost.
   The consumer is not entitled to compensation.
4. All delivery terms are indicative.
   The consumer cannot derive any rights from any terms mentioned.
   Exceeding a deadline does not entitle the consumer to compensation.
5. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item.
   At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered.
   With replacement articles, the right of withdrawal cannot be excluded.
   The costs of any return shipment shall be 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 representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 10 – Complaints procedure

1. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found 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 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 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 justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 11 – Disputes.

1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
   Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.