TERMS AND CONDITIONS 

Definitions

1.  Seller: Krossproducts B.V., located in Gennep, KvK nr. 76034216.

2.  Customer: the person who has committed to the purchase agreement.

3.  Parties: seller and customer.

4.  Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1.  These terms and conditions are applicable on all quotations, offers, activities, orders, agreements and deliveries of services or products by or in name of the seller.

2.  Parties kan only deviate from these terms and conditions if specifically agreed upon by all involved.

3.  Parties explicitly exclude the applicability of additional and/or deviating terms and conditions of the customer or third parties.

Prices

1.  All prices mentioned by the seller are in euros, including BTW and excluding any additional costs such as administration, charges and travel-, shipping or transportcosts, unless explicitly mentioned or agreed differently. 

2.  All prcies mentioned by the seller for their products or services on his website or other communication, are always prown to changes.

3.  An increase of costprices of products or parts of products that couldn't be forseen at the time of the offer e.g. committing to the purchase agreement can be a reason for increase of prices.

4.  The consumer has the right to cancel a purchase agreement as a result of an increase in prices as mentiond in article 3, unless the increase is as a result of a regulation by law.

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model

Payments and payment term

Products will be paid directly when placing an order. 

1.  If the customer does not pay within the agreed term, the seller is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

2.  If the customer is in default, he will also owe extrajudicial collection costs and any compensation.

3.  The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

4.  If the customer does not pay on time, the seller may suspend his obligations until the customer has fulfilled his payment obligation.

5.  In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of the customer are immediately due and payable.

6.  If the customer refuses to cooperate in the performance of the agreement, he is still obliged to pay the agreed price to the seller.

Right to claim

1.  As soon as the customer is in default, the seller is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2.  Seller activates the right to claim with a written or electronic statement.

3.  As soon as the customer is informed of the execution of the right to claim, the customer immediately has to return the involved products to the seller, unless the parties have come to another agreement.

4.  The costs for the retur of the involved products are on behalf of the customer. 

Right of withdrawal

1.  The consumer has the right to cancel a purchase agreement withing 14 days without any reason, provided that:

  • the product is unused;
  • the product isn't perishable, like food or flowers;
  • the product isn't custom made in commision of the customer;
  • the product isn't categorized as non-returnable for hygenic reasons (underwear, toiletries, etc.);
  • the seal is unbroken in case of data carriers with digital content (CD, DVD, etc.);
  • the product isn't a trip, transportation ticket, catering assignment or leisure activity;
  • the product isn't a single magazine or newspaper;
  • it isn't an (order for an) emergency repair;
  • the consumer hasn't waived his right of withdrawal.

2.  The reflection period of 14 days as mentioned in article 1 starts on:

  • the day after the consumer has received the final product or part of 1 order;
  • as soon as the consumer has received the first product in case of a subscription;
  • as soon as the consumer has used a serivce for the first time;
  • as soon as the consumer confirms a purchase of digital content from the internet.

3.  The consumer can execute his right of withdrawal by informing the seller via klacht@krossproducts.nl, if desired using the withdrawal form, which can be downloaded from the website www.krossproducts.nl.

4.  The consumer is obliged to return the product within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

5.  Original shipping costs will only be on account of the seller if the entire order is returned. If only a part of the order is returned, shipping costs will not be refunded.

6.  If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement by law, these costs will be refunded to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer returned the product on time.

Suspention right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.

Right of retention

1.  The seller can invoke his right of retention and in that case retain the products of the customer, until the customer has paid all outstanding invoices, unless the customer has provided sufficient security for those costs.

2.  The right of retention also applies on the basis of previous agreements from which the customer still owes payments to the seller.

3.   Seller is never liable for any damage that the customer may suffer as a result of using his right of retention

Settlement

Unless the customer is a consumer, the customer waives the right to set off a debt at the seller against a claim.

Retention of title

1.  All delivered products are owned by the seller untill the customer has entirely fulfilled his payment obligation on grounds of the purchase agreement he has with the seller, including claims of failure to perform.

2.  Until the customer has fulfilled his payment obligation, seller has the right to reclaim his products on grounds of retention of title.

3.  Before products become the customers property, the customer is not allowed to pawn, sell, estrange or otherwise encumber the products.

4.  In the case that seller executes his retention of title, the argeement will be canceled and seller has the right to claim damages, loss of profit and interest.

Delivery

1.  Delivery will take place as long as the products are in stock.

2.  Delivery will take place by seller, unless parties agreed otherwise.

3.  Delivery of products that were ordered online will take place at the adress provided by the customer.

4.  In case the agreed upon amount are not paid on time or entirely, seller has the right to suspend his obligations until the agreed amount is completed.

5.  In case of late payment this will be seen as a credit default, which dismisses the customers right to object to a late delivery by the seller.

Delivery time

1.  The delivery times specified are indicative and, if exceeded, do not entitle the customer to termination or compensation, unless the parties have expressly agreed otherwise in writing.

2.  The delivery time starts the moment the customer has completed the (electronic) order process and received a confirmation.

3.  Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless the seller can't deliver within 14 days after being notified in writing or parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Shipping costs are for the account of the customer, unless parties have agreed otherwise.

Packaging and shipping

1.  If the packaging of a delivered product has been opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person. Seller can nog be heald accountable for any damage if customer failed to do so.

2.  If the customer takes care of the shipping of a product himself, he must report any visible damage to products or packaging prior to transport. Seller can nog be heald accountable for any damage if customer failed to do so.

Custody

1.  If the customer wishes to receive products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2.  Any additional costs as a result of early or late acceptance of products are entirely for the customer. 

Assembly/installation

Although every effort is made to carry out all assembly and / or installation work as well as possible, seller does not bear any responsibility for this except in the case of intent or gross negligence.

Warranty

1.  The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

2.  The warranty does not apply in the case of normal wear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined

3.  The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment when they are legally and/or actually delivered, at least in the control of the customer or from a third party who receives the product on behalf of the customer.

Exchange

1.  Exchange is only possibly if the following conditions are met:

  • exchange takes places 14 days after purchase with sumission of the original invoice;
  • the product is returned in the original packaging, with any original (price)tags still attached;
  • the products is unused.

2.  Discounted items, perishable items such as food and flowers, custom made or commissioned items are not eligable for exchange or returns.

Indemnity

The customer indemnifies against all claims from third parties related to the products and/or services supplied by the seller.

Complaints

1.  The customer must examine a product or service provided by the seller as soon as possible for any shortcomings.

2.  If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform the seller as soon as possible, but in any case within 1 month after the shortcomings have been discovered.

3.  Consumers must notify the seller of any shortcomings within 2 months. 

4.  When reporting a shortcoming, the customer gives a detailed description of this shortcoming so the seller is able to respond adequatley to this.

5.  The customer must prove that the complaint relates to an agreement between the parties.

6.  In any case, if a complaint relates to work in progress, this cannot lead to the obligation to perform work other than the parties have previously agreed upon.

7.  If the customer is dissatisfied with the services provided by the seller, the customer will notify this as soon as possible and the parties will try to arrive at an informal solution.

8.  If the path followed in paragraph 1 does not lead to a sufficient solution, the customer can submit a complaint to Webwinkelkeur.

Notice of default

1.  The customer must notify the seller of notice of default in writing.

2.  It's the customers responsibility to make sure a notice of default actually reaches the seller (in time).

Liability of the customer

If the seller enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to the seller under that agreement.

Liability

1.  The seller is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.

2.  In case the seller is liable for any damage, he is only responsible for direct damage resulting from or related to the execution of the agreement. 

3.  The seller is never responsible for indirect damage, such as  consequential damage, loss of profit, missed savings or damage to third parties.

4.  If the seller is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.

5.  All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot lead to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry date

Any right of the customer to compensation shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right of dissolution

1.  The customer has the right to dissolve the agreement if he fails imputably in the fulfilment of his obligations, unless this failure, in view of its special nature or minor importance, does not justify the dissolution. 

2.  If fulfilment of the obligations is not permanently or temporarily impossible, then dissolution can only take place after default. 

3.  Has the right to dissolve the agreement with the customer if the customer does not fulfil his obligations under the agreement in full or on time, or if he has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfil his obligations properly.  Force majeure

1.  In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming in the fulfilment of any obligation towards the customer cannot be attributed to in any independent situation, as a result of which the fulfilment of his obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of his obligations cannot reasonably be required. 

2.  The force majeure situation referred to in paragraph 1 also includes - but is not limited to - a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.  If a situation of force majeure occurs as a result of which 1 or more obligations to the customer cannot be met, those obligations will be suspended until they can be met again. 

4.  From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 

5.  In a force majeure situation no (damages) compensation is due, not even if it benefits as a result of the force majeure situation.

Amendment of general terms and conditions

1.  Is entitled to amend or supplement these general terms and conditions. 

2.  Changes of minor importance may be made at any time. 

3.  Major substantive changes will be discussed with the customer in advance as much as possible.

4.  Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1.  Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of. 

2.  This provision shall be deemed to have effect under property law as referred to in Article 3:83(2) of the Dutch Civil Code.  

Consequences of nullity or voidability

1.  If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the other provisions of these terms and conditions. 

2.  A provision that is null and void or voidable shall in that case be replaced by a provision that comes closest to what was intended on that point when the terms and conditions were drawn up.

 Applicable law and competent court

1.  Any agreement between the parties shall be governed exclusively by Dutch law. 

2.  The Dutch court in the district in which the company has its registered office or practice or keeps its office shall have exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drawn up on 01 May 2020.

 

 

© 2020 - 2021 krossproducts | sitemap | rss