Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Additional agreement: an agreement whereby the consumer buys products, digital content and/or services by distance selling and these products, digital content and/or services are provided by the seller or a third party vendor, based upon an agreement between the third party and seller.
- Reflection period: the period within which the consumer can make use of his right of withdrawal.
- Consumer: the natural person who is not acting in pursuit of a profession or business.
- Day: a calendar day
- Digital content: data produced and delivered in digital form.
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal for which the information is intended, and which allows unaltered reproduction of the stored information;
- The right of withdrawal: the consumer’s option within the reflection period, to recall the agreement of distance selling.
- Seller: the natural or legal person for distance selling of products, (access to) digital content and/or services to consumers.
- Agreement for distance selling: an agreement concluded between the seller and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to the closing agreement exclusively or one or more techniques are used for distance communication;
- Withdrawal form: Kuroji provides the consumer with a return form with the delivery of the products. This can be used as a withdrawal form.
- Technology for distance communication: a tool that can be used for concluding an agreement on distance, without the consumer and seller having to be in the same room at the same time.
Article 2 – Identity of the seller
1448 LC Purmerend
Tel no.: +31 628254283 (available for inquiry: on Tuesday, Thursday and Friday)
Chamber of Commerce no.: 70438765
VAT identification number: NL130700381B01
Article 3 – Applicability
- These terms and conditions apply to every offer made by the seller and to every agreement upon distance selling that has been concluded between the seller and the consumer.
- Before concluding an agreement upon distance selling, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the seller, before the agreement is concluded, will indicate how the terms and conditions can be seen by the consumer and the seller will send the terms and conditions free of charge as soon as possible upon the request of the consumer.
- If the agreement is concluded electronically, in addition to the previous paragraph, before the agreement is concluded, the text of these terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store the text on a durable data carrier. If this is not reasonably possible, before the agreement is concluded, the seller will indicate where the terms and conditions can be consulted electronically and that upon request of the consumer the terms will be sent free of charge electronically.
- In the event that specific product or service conditions apply, in addition to these terms and conditions, the second and third paragraphs apply in the event of conflicting conditions, the consumer then can choose the most favorable to him.
Article 4 – The Offer
- If an offer has a limited period of validity or is made subject to conditions, then this will be explicitly stated in the offer.
- The offer includes a full and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the consumer to do a proper assessment of the offer. If the seller uses images, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or errors in the offer are not binding for the seller.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement
- The agreement is concluded at the moment the consumer accepts the offer and the corresponding conditions.
- If the consumer has accepted the offer electronically, the seller will electronically confirm the order. As long as the confirmation has not been sent by the seller, the consumer has the right to withdraw the agreement.
- If the agreement is created electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The seller can within statutory frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement on distance. If the seller based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order, or to attach special conditions to the execution of this order.
- At the latest on the delivery of the product, the service or digital content the seller will provide the consumer 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 data carrier.
- the visiting address of the business location of the seller where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and service after purchase;
- the price including all taxes of the product, service or digital content; if applicable the delivery costs; and the method of payment, delivery or execution of the agreement on distance;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal;
- In the case of an extended duration of a transaction, the provision in the previous paragraph only applies on the first delivery.
Article 6 – Right of withdrawal – Return form
- The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The seller may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
- The reflection period referred to in section 1 starts on the day the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The seller may be provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in case of regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not delivered on a tangible medium carrier:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium carrier for at least 14 days without giving any reason. The seller may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
- The reflection period referred to in section 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium carrier when not informing about the right of withdrawal:
- if the seller has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous sections of this article.
- If the seller has provided the consumer with the information referred to in the previous sections within twelve months after the commencement date of the original period of reflection, the reflection period will expire 14 days after the day on which the consumer has received this information.
Article 7 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and use of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in section 1.
- The consumer is not liable for the value reduction of the product if the seller has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 – The right of withdrawal by the consumer and the costs
- If the consumer uses his right of withdrawal, he will notify the seller within the reflection period by means of the model withdrawal form (return form) or in an unambiguous way.
- As soon as possible, but within 14 days from the day following the notification referred to in section 1, the consumer returns the product, or hands it over to (an authorized representative of) the seller. This is not necessary if the seller has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the seller.
- The risk and the burden of proof for the correct and timely use of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the seller has not reported that the consumer must bear these costs or if the seller indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the reflection period, the consumer owns the seller the amount that is proportional to that part of the obligation that the seller has fulfilled at the time of revocation, compared with the full fulfillment of the agreement.
- The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the seller has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period.
- The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium carries if:
- he has not explicitly agreed to commence the fulfillment of the contract prior to the delivery before the end of the reflection period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the seller has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the seller in case of withdrawal
- If the seller receives the notification of withdrawal of the consumer electronically, he will send a confirmation of the withdrawal.
- The seller will reimburse all payments to the consumer, including the delivery costs charged by the seller for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the seller offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The seller uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to another payment method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery than the seller does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The seller can exclude the following products and services from the right of withdrawal, but only if the seller has clearly stated this in the offer, at least in the period before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market on which the seller has no influence and which can occur within the withdrawal period;
- Agreements that are concluded during a public auction. A public auction is a sales method whereby products, digital content and/or services are offered by the seller to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the seller has fully executed the agreement;
- Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
- Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services, and catering;
- Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
- Products manufactured according to the consumer’s specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products by their nature after delivery;
- Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the seller has no influence;
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to this;
- The delivery of digital content other than on a tangible medium carries, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The Price
- During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous section, the seller can offer products or services whose prices are subject to fluctuations in the financial market and which the seller has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
- Price increases within 3 months after 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 allowed if the seller has stipulated this and:
- they are the result of statutory regulations or stipulations; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance agreement and additional warranty
- The seller warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the seller under the contract if the seller has failed to fulfill his part of the agreement.
- An additional guarantee is every obligation of the seller, its supplier, importer or producer in which it gives the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
- The seller will take the greatest possible care when receiving and executing orders for products and when assessing requests for services.
- The delivery address is the address that the consumer has provided the seller.
- With due observance of what is stated in article 4 of these terms and conditions, the seller will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to withdraw the agreement without costs and has the right to possible compensation.
- After withdrawal, stated in the previous section, the seller will immediately reimburse the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with the seller up to the moment of delivery to the consumer or a pre-designated representative stated to the seller beforehand, unless explicitly agreed otherwise.
Article 14 – Ongoing transactions: duration, cancellation, and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which includes the regular delivery of products (including electricity) or services, at any time within the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been concluded for a definite period and which includes the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, within the agreed cancellation rules and a notice period of no more than one month.
- The consumer has the right to, referring to the agreements referred to in the previous sections:
- cancel at any time and not be limited to terminate at a specific time or in a given period;
- cancel at least in the same way as they have entered into the agreement by him;
- always cancel with the same notice period as the seller has stipulated for himself.
- An agreement for a certain period that includes the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain period.
- In contrary to previous section, an agreement that has been concluded a certain period and which includes the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has the right to end this extension after the renewal with a notice period of no more than one month.
- An agreement that has been entered into for a certain period and that includes the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not tacitly be continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement after a year at any time with a notice period of no more than one month, unless within reason the termination before the end of the agreed term is resistible.
Article 15 Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amount due by the consumer must be paid within 14 days counting from the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay in advance of more than 50%. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service(s), before the stipulated advance payment has taken place.
- The consumer has the obligation to report inaccuracies in provided or stated payment details to the seller.
- If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the seller of the late payment and the seller has given the consumer a period of 14 days to still fulfill his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the seller is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amount up to € 2,500,-; 10% over the next € 2,500,- and 5% over the next € 5,000,- with a minimum of € 40,-. The seller may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 Complaints procedure
- The seller has a well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the seller within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give the seller at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to a dispute resolution.
Article 17 – Disputes
- Only Dutch law applies to agreements between the seller and the consumer to which these terms and conditions apply.
Article 18 – Additional or deviating conditions
Additional conditions or deviating conditions apart from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium carrier.