Kussens – KarperCentrale

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Terms and Conditions Article 1 – Identity of the Entrepreneur KarperCentrale Landstraat 1 9934BG Delfzijl Phone number: 050 2030 007 (available: Monday: 13:00 - 18:00 & Tuesday to Friday: 10:00 - 18:00) E-mail address: klantenservice@karpercentrale.nl Chamber of Commerce number: 62507370 VAT identification number: NL854845136B01 Article 2 – Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the consumer will be provided with these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed. Upon request, the entrepreneur shall send them to the consumer free of charge as soon as possible. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate before concluding the distance contract where the general terms and conditions can be accessed electronically, and that they will be sent electronically or otherwise free of charge at the consumer’s request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them. Article 3 – The Offer If an offer is subject to a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. Article 4 – The Agreement Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures. Within the limits of the law, the entrepreneur may obtain information on whether the consumer can meet their payment obligations, as well as all other facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its execution. At the latest upon delivery of the product, service, or digital content, the entrepreneur shall provide the following information to the consumer, in writing or in a way that the consumer can store it in an accessible manner on a durable medium: 5.1 The visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints. 5.2 The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal. 5.3 Information about warranties and existing after-sales services. 5.4 The price, including all taxes, of the product, service, or digital content; where applicable, delivery costs; and the method of payment, delivery, or performance of the distance contract. 5.5 The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration. 5.6 If the consumer has a right of withdrawal, the model withdrawal form. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Article 5 – Right of Withdrawal For products: The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but may not require them to state their reason(s). The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: 2.1 If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this before the ordering process, refuse an order of multiple products with different delivery times. 2.2 If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part. 2.3 For agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product. Products may be returned at the consumer’s own risk with a carrier of their choice. The consumer must always keep proof of shipment until the return has been approved by the seller. 3.1 Returns may also be arranged via the seller. The seller can, against payment, create a return label. This ensures the seller always has proof of return and the consumer does not need to keep return proof. Depreciation of the product due to damage or unnecessary testing must be borne by the consumer. This will be deducted from the refund amount. 4.1 A product may be tested – do this at home or in a clean environment to prevent mud, scratches, or other usage marks. 4.2 Do not test a product more often than necessary. Depreciation will be charged to the consumer. 4.3 Depreciation due to wear or damage will be deducted from the refunded amount. For services and digital content not supplied on a tangible medium: The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but may not require them to state their reason(s). The reflection period referred to in paragraph 3 commences on the day after the conclusion of the agreement. Article 6 – Obligations of the Consumer During the Reflection Period During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as they would be allowed to do in a shop. The consumer is liable only for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided them with all the legally required information about the right of withdrawal before or at the time of concluding the agreement. Article 7 – Exercising the Right of Withdrawal by the Consumer If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner. Notification can also be made by phone or email. However, it is only approved once the consumer has received written confirmation from the entrepreneur. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This is not required if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the reflection period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. Article 8 – Costs in Case of Withdrawal If the consumer exercises the right of withdrawal, all costs of returning the goods shall be borne by the consumer. If the consumer has already paid an amount to KarperCentrale & exercises the right of withdrawal, they may expect a refund within 14 days to their account. Article 9 – Exclusion of the Right of Withdrawal The entrepreneur may exclude the consumer’s right of withdrawal, as clearly indicated in the previous article. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: 2.1 That are clearly of a personal nature. 2.2 That, by their nature, cannot be returned. 2.3 That may spoil or age quickly. 2.4 Products or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period. 2.5 Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person. 2.6 Newspapers, periodicals, or magazines, except for subscriptions. Exclusion of the right of withdrawal is only possible for services: 3.1 Relating to betting & lotteries. Article 10 – Obligations of the Entrepreneur in Case of Withdrawal If the entrepreneur enables notification of withdrawal electronically, he shall promptly send a confirmation of receipt after receiving such notification. The entrepreneur shall reimburse all payments received from the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days from the day on which the consumer notifies the withdrawal. Unless the entrepreneur has offered to collect the product, he may wait with reimbursement until he has received the product or until the consumer proves that they have returned the product, whichever occurs earlier. The entrepreneur shall use the same payment method used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs of the more expensive method. Article 11 – The Price During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes due to changes in VAT rates. 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, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices shall be stated in the offer. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 4.1 They result from legal regulations or provisions. 4.2 The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. All offers and price agreements in-store & customer service are valid under the prices known at that time and only valid if agreed upon in writing. Article 12 – Fulfilment of the Agreement and Guarantee 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. Any additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims the consumer may assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill its part of the agreement. Additional guarantee means any obligation of the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required in case the entrepreneur fails to fulfill its part of the agreement. Article 13 – Delivery and Execution The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services. The place of delivery shall be the address provided by the consumer to the entrepreneur. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost. After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative made known to the entrepreneur, unless explicitly agreed otherwise. The delivery period indicated on the website may deviate around public holidays. No rights can be derived from the indicated delivery time. Our additional delivery and return conditions can be found here. Article 14 – Payment Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after concluding the agreement. In the case of a service agreement, this period starts on the day after the consumer receives confirmation of the agreement. When selling products to consumers, the consumer may never be obliged in general terms to make an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer. Article 15 – Complaints Procedure The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed response. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure. If the consumer is unable to resolve the matter with the entrepreneur, they may submit a dispute via Kiyoh. Since February 15, 2016, it has also been possible for consumers in the EU to submit complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being handled elsewhere, you are free to file your complaint via the European Union platform. Article 16 – Disputes Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Article 17 – Additional or Deviating Provisions Gift cards can under no circumstances be exchanged for cash.