Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present together at the same time.
Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge, either electronically or otherwise, at the consumer's request.
In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the remainder of the contract and these terms and conditions will remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not governed by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 3 – The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
1. the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
2. any shipping costs;
3. the manner in which the contract will be concluded and which actions are required for this;
4. whether or not the right of withdrawal applies;
5. the method of payment, delivery and performance of the contract;
6. the period for accepting the offer, or the period within which the trader guarantees the price;
7. the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
8. whether the contract will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
9. the way in which the consumer can check and, if desired, correct the data provided by them under the contract before the contract is concluded;
10. any other languages, in addition to English, in which the contract can be concluded;
11. the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
12. the minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colors, types of materials.
Article 4 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.
At the time of delivery of the product or service, the trader will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
13. the visiting address of the trader's place of business where the consumer can lodge complaints;
14. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
15. information about guarantees and existing after-sales service;
16. the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
17. the requirements for terminating the contract if the contract has a duration of more than one year or an indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into subject to sufficient availability of the products in question.
Article 5 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days. This cooling-off period starts on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receiving the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the sale is final.
Article 6 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are for the account of the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the web shop, or that conclusive proof of complete return can be provided.
Article 7 – Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
18. that have been created by the trader according to the consumer's specifications;
19. that are clearly personal in nature;
20. that cannot be returned due to their nature;
21. that can spoil or age quickly;
22. whose price is subject to fluctuations in the financial market over which the trader has no influence;
23. for loose newspapers and magazines;
24. for audio and video recordings and computer software of which the consumer has broken the seal;
25. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
26. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
27. whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
28. relating to bets and lotteries.
Article 8 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This dependency on fluctuations, and the fact that any prices mentioned are target prices, will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
29. they are the result of statutory regulations or provisions; or
30. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The place of delivery is deemed to be, pursuant to Article 5, paragraph 1, of the Dutch VAT Act 1968, the country where transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, the trader will not charge any VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product according to the incorrect price.
Article 9 – Identity of the trader
Company name: Kessora
Company address: [YOUR COMPANY ADDRESS]
info@kessora.com
Chamber of Commerce (KvK) number: [YOUR KVK NUMBER]
VAT identification number: [YOUR VAT ID]
Article 10 – Conformity and Warranty
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 statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the trader's instructions and/or the packaging instructions;
The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and renewal
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
31. terminate them at any time and not be restricted to termination at a specific time or during a specific period;
32. terminate them at least in the same way as they were entered into;
33. always terminate them with the same notice period as the trader has stipulated for itself.
Renewal
A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily newspapers, news and weekly publications and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly publications and magazines.
A contract with a limited duration for the regular delivery of daily newspapers, news and weekly publications and magazines, for introductory purposes (trial or introductory subscription), is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated without delay to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and strengthened from 2024 onwards in connection with the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and the resulting implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.