TERMS AND CONDITION


Contents:

 

Article 1 - Definitions

Article 2 - Identification of the entrepreneur

Article 3 - Scope of application

Article 4 - Offer

Article 5 - Agreement

Article 6 - Right of withdrawal from the agreement

Article 7 - Costs related to the withdrawal from the agreement

Article 8 - Exclusion of the right of withdrawal

Article 9 - Price

Article 10 - Compliance and warranty

Article 11 - Delivery and creation

Article 12 - Payment

Article 13 - Complaint procedure

Article 14 - Disputes

Article 15 - Additional or deviating provisions

 

Article 1 – Definitions

In these terms, the following definitions apply:

 

Reflection period: the period in which a consumer can exercise the right of withdrawal from the agreement;

Consumer: an individual who is not acting in the course of their business or profession and enters into a distance contract with an entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services where the obligation to deliver and/or receive is spread over time;

Durable medium: any tool that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows for future use and unaltered reproduction of such information;

Right of withdrawal: the consumer's ability to withdraw from the agreement during the reflection period;

Return Form: A standard withdrawal form provided by the entrepreneur that the consumer can fill out if they wish to exercise their right of withdrawal.

Entrepreneur: an individual or legal entity that offers products and/or services to consumers at a distance.

Distance contract: a contract in which, within the framework of a system for distance selling organized by the entrepreneur, the contract is concluded exclusively through one or more means of distance communication.

Means of distance communication: a means that can be used for the conclusion of a contract without the simultaneous physical presence of the consumer and the entrepreneur.

General Terms: these general terms and conditions applicable to the entrepreneur.

 

Article 2 - Entrepreneur's Identity

 

KOTERYart

Muggenbergstraat 19

5045 DH Tilburg

Nederland

KVK  93297858 

BTV   NL005012463B84

info@koteryart.com

 

Article 3 - Scope of Application

 

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

 2. Before the conclusion of a distance contract, the text of these general terms and conditions is made available to the consumer. If reasonably possible, prior to the conclusion of the distance contract, it will be indicated that the general terms and conditions can be accessed by the consumer and will be provided to the consumer free of charge upon request.

3. If a distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the conclusion of the distance contract, in accordance with the provisions of the preceding paragraph, in such a way that the consumer can easily store it on a durable medium. If reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be accessed electronically and that they will be provided to the consumer electronically or in another manner free of charge upon request.

4. In cases where, in addition to these general terms and conditions, specific terms and conditions apply to specific products or services, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer can always invoke the provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are wholly or partially invalid or annulled at any time, the agreement and these terms remain in force in respect of the remainder, and the relevant provision will be replaced immediately by a provision that corresponds as closely as possible to the original purpose.

6. Situations not regulated by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

7. In the event of any ambiguity regarding the interpretation or content, of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

 

Article 4 - Offer

 

1. If the offer has a limited validity period or is subject to conditions, it will be clearly stated in the offer.

2. The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

3. The offer includes a complete description of the products and/or services offered. The description is detailed to enable the consumer to make an accurate assessment of the offer.

4. If the entrepreneur uses images, they are the most accurate representation of the offered products and/or services. The entrepreneur cannot guarantee that the displayed colors precisely correspond to the actual colors of the products.

5. Obvious mistakes or errors in the offer do not bind the entrepreneur.

6. All images, data, and specifications in the offer are indicative and cannot be the basis for claims for compensation or contract termination.

7. Each offer contains information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

  • Price including taxes.
  • Any shipping costs.
  • The method by which the agreement will be concluded and the actions required for that purpose.
  • Whether the right to withdraw from the contract applies.
  • Payment method, delivery, and execution of the agreement.
  • Deadline for accepting the offer or the period in which the entrepreneur guarantees the price.
  • The amount of charges for distance communication if the costs of using distance communication techniques are calculated on a basis other than the ordinary base rate for the medium of communication used.
  • Whether the agreement will be archived after its conclusion and how the consumer can access it.
  • The method by which the consumer can check and, if necessary, correct the information provided by them before concluding the agreement.
  • Any other languages in which the agreement may be concluded besides English.
  • The codes of conduct to which the entrepreneur subscribes and how the consumer can electronically access those codes of conduct.
  • The minimum duration of the distance agreement in the case of long-term transactions.

 

Article 5 - Agreement

 

1. The agreement is concluded, subject to paragraph 4, upon the consumer's acceptance of the offer and fulfillment of the specified conditions.

2. If the consumer accepts the offer electronically, the entrepreneur immediately confirms the receipt of acceptance electronically.

3. Until the confirmation of receipt is provided by the entrepreneur, the consumer has the right to terminate the agreement.

4. In the case of concluding an agreement electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure online environment.

5. If the consumer has the option to make electronic payments, the entrepreneur takes appropriate security measures. Within the limits of the law, the entrepreneur may verify whether the consumer is able to fulfill the payment obligations and inquire about any facts and factors relevant to the responsible conclusion of the distance agreement. If based on such an assessment, the entrepreneur has justified grounds to not conclude the agreement, they have the right to refuse to accept the order or application with justification or to impose special conditions on the execution of the agreement.

6. The entrepreneur shall provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable medium and access it:

  • The entrepreneur's address where the consumer can submit complaints;
  • The conditions and procedure for the consumer to exercise the right of withdrawal from the agreement or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on warranties and existing after-sales services;
  • The data mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur provided this information to the consumer before the conclusion of the agreement;
  • The termination conditions of the agreement in case of agreements with a duration exceeding one year or of an indefinite duration.

 

In the case of a continuous agreement, the provision from the preceding paragraph applies only to the first delivery.

 

Every agreement is concluded subject to the sufficient availability of the relevant products.

 

Article 6 - Right of Withdrawal from the Agreement

In the case of product delivery:

1. When purchasing products, the consumer has the right to withdraw from the agreement without stating a reason within 14 days. This period starts from the day the consumer or a person designated by the consumer and previously notified to the entrepreneur receives the product.

2. During the withdrawal period, the consumer shall handle the product and packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they want to keep it.

3. If the consumer exercises the right of withdrawal, they shall return the product together with all supplied accessories and, if possible following the guidelines provided by the entrepreneur, in its original condition and packaging, in accordance with reasonable and clear instructions.

4. If the consumer intends to exercise the right of withdrawal from the agreement, they are obliged to notify the entrepreneur within 14 days of receiving the product. After notifying their intention to exercise the right of withdrawal, the consumer has 14 days to return the product. The consumer must prove that the products have been returned on time, for example, by providing proof of shipment.

5. If the consumer does not notify their intention to exercise the right of withdrawal within the timeframes specified in paragraphs 2 and 3, nor return the product to the entrepreneur after these deadlines have expired, the sale is considered final.

 

In the case of service provision:

When services are being provided, the consumer has the right to terminate the agreement without stating a reason within at least 14 days, starting from the day the agreement was concluded. To exercise the right of withdrawal from the agreement, the consumer should follow reasonable and clear instructions provided by the entrepreneur in the offer or, at the latest, upon delivery.

 

Article 7 - Costs in Case of Withdrawal

 

1. If the consumer exercises the right of withdrawal from the agreement, they shall bear the maximum cost of returning the goods.

2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days from the withdrawal from the agreement.

3. However, the refund is conditional upon the entrepreneur receiving the goods or upon the consumer providing credible proof of complete return.

4. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

5. If the goods have been damaged due to improper handling by the consumer, the consumer shall be liable for any loss in value of the product.

6. The consumer cannot be charged for any loss in value of the product if the entrepreneur did not provide all the required information concerning the right of withdrawal from the agreement before the conclusion of the sales contract.

 

Article 8 - Exclusion of the Right of Withdrawal

 

1. The entrepreneur may exclude the consumer's right of withdrawal from the agreement for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal from the agreement applies only if the entrepreneur clearly specified it in the offer, at least before the conclusion of the agreement.

2. The exclusion of the right of withdrawal from the agreement applies only to products:

  • that have been made by the entrepreneur according to the consumer's individual specifications;
  • that are clearly personalized in nature;
  • that, due to their nature, cannot be returned;
  • that can quickly deteriorate or expire;
  • whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
  • concerning hygiene products, the packaging of which has been opened by the consumer.

3. The exclusion of the right of withdrawal from the agreement applies only to services:

  • relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
  • for which the provision has begun with the consumer's consent before the expiry of the withdrawal period;
  • relating to betting and lotteries.

 

Article 9 - Price

 

1. During the validity period of the offer, the prices of the offered products and/or services cannot be increased, except for changes in the btw rates.

2. However, in deviation from the previous point, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and are beyond the control of the entrepreneur, using variable prices. The connection to fluctuations and the fact that the prices provided may be indicative will be specified in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations. Price increases after 3 months from the conclusion of the agreement are only allowed if agreed upon by the entrepreneur or if they result from legal regulations.

4. The consumer has the right to terminate the agreement with effect from the date of the price increase. The prices of products or services provided in the offer include btw

5. All prices are subject to typographical and layout errors.

6. We do not take responsibility for the consequences of typographical and layout errors.

7. In the event of typographical and layout errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

 

Article 10 - Compliance and Warranty

 

1. The entrepreneur guarantees that the products and/or services comply with the terms of the agreement, the specified specifications in the offer, reasonable standards of quality and/or usefulness, as well as the applicable legal provisions and/or government regulations in force on the date of the agreement.

2. If agreed upon, the entrepreneur additionally guarantees that the product is suitable for a purpose other than normal use. The warranty provided by the entrepreneur, manufacturer, or importer does not limit the rights and claims that the consumer may assert under the agreement against the entrepreneur.

3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 7 days of delivery.

4. Products must be returned in their original packaging and in an undamaged condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period.

6. However, the entrepreneur is not responsible for the final adaptation of the products to the consumer's individual purposes or for any advice regarding the use or application of the products. The warranty does not cover cases where:

  • The consumer has carried out repairs and/or modifications to the delivered products on their own or has commissioned repairs and/or modifications to third parties.
  • The delivered products have been exposed to unusual conditions, have been treated improperly, or have been used in a manner inconsistent with the recommendations of the entrepreneur and/or those stated on the packaging.
  • The defects are wholly or partly the result of regulations established or to be established by the government concerning the nature or quality of the materials used.

 

 

Article 11 - Delivery and Creation

 

1. The entrepreneur will exercise the utmost care in receiving and fulfilling product orders and assessing requests for service provision.

2. The delivery address is the address provided by the consumer to the company. In accordance with what is specified in paragraph 4 of this article, the company will fulfill accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

3. If the delivery is delayed or if the order cannot be fulfilled in whole or in part, the consumer will be informed of this within 30 days of placing the order. In such a case, the consumer has the right to withdraw from the agreement without incurring any costs. The consumer is not entitled to compensation.

4. All delivery times are approximate. The consumer cannot rely on any mentioned deadlines. Exceeding the deadline does not entitle the consumer to compensation. In the event of withdrawal in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer the amount paid as soon as possible, but no later than within 14 days from the withdrawal.

5. If it turns out that delivery of the ordered product is impossible, the entrepreneur will attempt to provide a substitute item. It will be clearly and comprehensibly communicated during delivery that a substitute product is being provided. The right to withdraw from the agreement cannot be excluded in the case of substitute products. The costs of any product return are borne by the entrepreneur.

6. The risk of damage and/or loss of products rests with the entrepreneur until they are delivered to the consumer or to a representative indicated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Payment

 

1. Unless otherwise agreed, payments made by the consumer shall be settled within 7 working days from the start of the withdrawal period as referred to in Article 6(1).

2. In the case of a contract for the provision of services, this period shall commence upon receipt of the confirmation of the agreement by the consumer.

3. The consumer is obliged to promptly notify the trader of any irregularities in the delivered or provided payment data.

4. In the event of non-payment by the consumer, the trader has the right, subject to the limitations imposed by the law, to charge the consumer with reasonable costs that have been previously communicated to the consumer.

 

Article 13 - Complaint Procedure

 

1. The trader has a duly announced complaint procedure and follows this procedure accordingly.

2. Complaints regarding the performance of the contract should be reported to the trader within 7 days from the moment the consumer discovers the defects, in a complete and clearly described manner.

3. Complaints submitted to the trader will be considered within 14 days from the date of their receipt.

4. If the complaint requires a longer period of examination, the trader will respond within 14 days from the receipt of the complaint, confirming receipt and informing the consumer of the expected timeframe for providing a more detailed response.

5. If the complaint cannot be resolved through mutual agreement, a dispute subject to the dispute resolution procedure arises.

6. In the case of a complaint, the consumer should first contact the trader.

7. It is also possible to file complaints through the European ODR platform (http://ec.europa.eu/odr).

8. A complaint does not suspend the trader's obligations unless otherwise stated in writing by the trader.

9. If the trader deems the complaint to be valid, the trader will, at their discretion, replace or repair the delivered products free of charge.

 

Article 14 - Disputes

 

For contracts between the trader and the consumer covered by these general terms and conditions, Dutch law shall apply exclusively, even if the consumer resides abroad.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

 

Article 15 - Supplementary or Deviating Provisions

 

Supplementary or deviating provisions from these general terms and conditions shall not operate to the detriment of the consumer and must be made in writing or in a manner that allows the consumer to easily store them on a durable medium.