Terms and Conditions Kuripe.eu
Definitions
In these terms and conditions, the following definitions apply:
- Consideration phase: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who does not act for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the trader;
- Day: calendar day;
- Continuing performance contract: a contract for the supply of goods or services, where the supplier undertakes to supply goods or services on a continuing basis;
- Durable medium: any instrument which enables the recipient or the supplier to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model withdrawal form: the model withdrawal form included in these terms and conditions, which the consumer can fill in if they wish to withdraw from the contract;
- Trader: the natural or legal person who offers goods or services to consumers from a distance;
- Distance contract: a contract concluded between the trader and the consumer within the framework of a system organized by the trader for distance selling of goods and services, where exclusive use is made of one or more means of distance communication up to and including the moment that the contract is concluded;
- Means of distance communication: any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a contract between those parties.
- General Terms and Conditions: these are general terms and conditions of the trader.
Trader Identity
Good Spirit Trading B.V.
Maandereind
6711AA Ede
Kvk: 82495815
Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract 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 inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible at his or her request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the trader will indicate where the general terms and conditions can be accessed by electronic means and that they will be sent free of charge to the consumer as soon as possible at his or her request.
If specific product or service conditions are applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him/her in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are void or are nullified, the agreement and these terms and conditions shall remain in force for the remainder, and the provision concerned shall be replaced in consultation as soon as possible by a provision that approximates the original provision as closely as possible.
Situations that are not covered in these general terms and conditions should be judged “according to the spirit” of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted “according to the spirit” of these general terms and conditions.
The Offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a basis for damages or termination of the agreement. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- the applicability of the right of withdrawal;
- the method of payment, delivery, and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before the agreement is concluded;
- the possible other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, and types of materials.
The Agreement
The agreement, subject to the provisions of section 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer by electronic means without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose, in compliance with legal frameworks. The entrepreneur may, within legal frameworks, check whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has sound reasons for not entering into the agreement, he is lawfully entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution of the agreement.
Right of withdrawal
In the case of the delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This cooling-off period begins on the day after the consumer or a previously designated representative of the consumer, who is known to the entrepreneur, has received the product.
- During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories delivered and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do this by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
- If the customer has not made use of his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
In the case of the delivery of services:
- When delivering services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day the agreement is entered into.
- To exercise his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or provided at the latest upon delivery.
Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no costs other than those provided for in the first paragraph.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the online retailer or that conclusive proof of complete return shipment can be provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
- The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Exclusion right of withdrawal
This passage discusses the exclusion of the right of withdrawal by the entrepreneur for certain products and services. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer or before the conclusion of the agreement.
The exclusion of the right of withdrawal is possible for products that:
- have been produced according to the consumer’s specifications;
- are clearly personal in nature;
- cannot be returned due to their nature;
can quickly spoil or age;
the price of which is subject to fluctuations in the financial market that the entrepreneur cannot control;
for loose newspapers and magazines;
for audio and video recordings and computer software, the consumer has broken the seal;
for hygiene products, the consumer has broken the seal.
The exclusion of the right of withdrawal is possible for services that:
concern accommodation, transport, restaurant or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.
Exclusion right of withdrawal
The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
- regarding betting and lotteries.
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.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Conformity and Warranty
- The entrepreneur guarantees 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 entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 modified the delivered products himself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Delivery and performance
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Duration Transactions: Duration, Cancellation and Renewal
Cancellation
- The consumer can terminate an agreement 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 with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
- The consumer can use the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to 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 signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the consideration phase as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Additional or deviating provisions
Additional or deviating provisions from these general 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 data carrier.