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Article 1 - Definitions
In these conditions the following terms have the following definitions:
Address: Oude Molenweg 3b
3941 ZL Doorn
Email address: [email protected]
Article 3 - Applicability
1. These terms and conditions apply to every offer made by the De Kleine Keuken and to every distance contract that has been concluded between De Kleine Keuken and the consumer.
2. The text of these general terms and conditions is made available to the consumer by De Kleine Keuken, either by sending it free of charge, or by reference to the place where the consumer can download these general terms and conditions prior to the conclusion of the agreement.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available electronically to the consumer in such a way that the consumer can store these in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, De Kleine Keuken will indicate where the terms and conditions can be consulted electronically. At the request of the consumer the terms and conditions will be forwarded free of charge by electronic means or otherwise.
4. In the event that specific product- or service conditions apply in addition to these terms and conditions, the second and third paragraphs of the contract shall apply. In the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to him.
5. All intellectual property rights with regard to the website, web store, including the software, texts, images and sounds, are vested in De Kleine Keuken and/or a third party from whom De Kleine Keuken has obtained a user right. The consumer shall refrain from infringing these intellectual property rights. Sharing, (deep) linking to, embedding, copying and editing of original content from the website or use of the De Kleine Keuken logo requires the prior written permission of De Kleine Keuken.
Article 4 - The range
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. If De Kleine Keuken makes use of images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind De Kleine Keuken.
3. De Kleine Keuken aims to inform the consumer as clearly as possible about the rights and obligations that are attached to accepting the offer. This concerns the following in particular:
o the price including taxes;
o any delivery charges that may arise;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the cooling-off period and the right of withdrawal are applicable;
o the payment method, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which De Kleine Keuken guarantees a certain price;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o the minimum duration of the distance agreement in the event of an extended transaction.
Article 5 - The agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance of the offer by the consumer and the fulfilment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, De Kleine Keuken will immediately electronically confirm the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by De Kleine Keuken, the consumer can dissolve the agreement.
4. De Kleine Keuken can obtain information as to whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If De Kleine Keuken, based on this investigation, has good reasons not to enter into the agreement, De Kleine Keuken is entitled to refuse an order or request with reasons given, or to attach special conditions to the execution thereof.
5. De Kleine Keuken will include the following information for the consumer with the delivery of the product or service:
a. the visitors address of De Kleine Keuken where the consumer can direct complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
c. the information about warranties and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless De Kleine Keuken has already provided this information to the consumer prior to the execution of the agreement;
e. the way in which an agreement with a duration of more than one year can be cancelled.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. The consumer must be 18 years old or above when he or she places an order in the web shop or creates an account. If the consumer is under 18 years of age, the explicit consent of his or her legal representatives must have been obtained.
Article 6 - Right of cancellation or withdrawal
1. De Kleine Keuken can exclude the consumer's right to withdraw for cases mentioned in paragraph 2 of this article.
2. The right of withdrawal does not apply to the following products:
a. that have been created by De Kleine Keuken in accordance with the consumer's specifications;
b. that are clearly personal or personalised;
c. that cannot be returned due to their nature;
d. that can expire or age quickly.
Article 10 Force majeure
Article 11 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after receipt of the order confirmation.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to De Kleine Keuken without delay.
3. In the event of non-payment, late or incomplete payment by the consumer, De Kleine Keuken has the right, subject to legal restrictions, to charge the consumer the reasonable costs - including statutory interest and collection costs - in connection with collection of the amounts to the consumer.
Article 12 - Complaints
1. The entrepreneur has a clearly publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to De Kleine Keuken in detail and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to De Kleine Keuken will be answered within 21 days from the date of receipt. If a complaint requires a foreseeably longer processing time, De Kleine Keuken will respond within 21 days with a notice of receipt and an indication of the time it will take to process.
4. If the complaint cannot be resolved amongst the involved parties, a dispute arises that is subject to the dispute settlement procedure.
Article 13 - Applicable law
1. Agreements between De Kleine Keuken and the consumer to which these terms and conditions apply are subject to Dutch law.
VERSION 2.0 JUNE 2022. All rights reserved.