Terms and conditions

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Incorrect address, do not pick up at PostNL location or refuse delivery
Model form for withdrawal

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement relating to a range of products and/or services, the obligation of which to deliver and/or purchase is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication is used;
Technique for distance communication: means that can be used to conclude an agreement, without consumer and entrepreneur having met simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Email address: contact form

Chamber of Commerce number: 80210309

VAT Identification Number: NL861589543

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance agreement concluded and orders between entrepreneur and consumer, not being a business customer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer as soon as possible.
If the distance contract is concluded electronically, by way of derogation from 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 by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken into electronic means and that they will be sent electronically or otherwise free of charge at the request of the consumer.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are null and void in whole or in part at any time, the agreement and these terms and conditions will remain in place for the rest and the relevant provision will be replaced without delay by a provision that approaches the scope of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – 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 entrepreneur 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 sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Images by products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed 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 associated with the acceptance of the offer. This concerns in the special:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for remote communication if the cost of using the technique for remote communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its establishment, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a duration transaction.

•Available sizes, colors, materials, etc.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set out in it.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the business branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c. the information about warranties and existing post-purchase service;
d. the data contained in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. the requirements for termination of the agreement if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

Upon delivery of products:

You have the right to withdraw from this agreement without giving any reason within 14 days after the day on which you acquire physical possession of the goods.
To exercise this right, you must inform us by an unequivocal statement (e.g. an email to contact form), stating your order number and decision to withdraw. We will confirm receipt of your withdrawal without undue delay.
After sending your withdrawal statement, you have a further 14 days to return the goods to us. You must prove that the goods have been returned within this period (for example by providing proof of shipment).
We will reimburse the purchase price of the goods only (excluding any shipping fees you paid at the time of order) without undue delay and no later than 14 days after the day on which we are informed of your withdrawal. Refunds will be made using the same payment method you used for the original transaction, unless you have expressly agreed otherwise.
During the withdrawal period you may handle and inspect the goods as you would in a physical store. If you use the goods beyond what is necessary to establish their nature, characteristics and functioning, or if the product or its packaging is damaged beyond what is necessary to try it out, we may charge for any resulting diminution in value. We will inform you of any such deduction before issuing your refund.

Upon provision of services:

You have the right to withdraw from a service contract without giving any reason within 14 days after the day of conclusion of the contract.
To exercise this right, you must follow the same procedure as for products (see above). If you request that performance of the service begins during the withdrawal period, you will owe us a proportionate amount for the service already performed up until the moment you informed us of your withdrawal.

Article 7 – Costs in Case of Withdrawal

If you exercise your right of withdrawal, the direct costs of returning the goods will be borne by you. You may choose the least expensive reasonable method of return.
The original shipping fees paid at the time of your order are non-refundable.
We will refund the purchase price of the goods only, no later than 14 days after notification of your withdrawal, subject to receipt of the goods or proof of timely dispatch. Refunds will be made using the same payment method you used for the original transaction, unless you agree otherwise.
If the goods are damaged due to handling beyond what is necessary to establish their nature, characteristics and functioning, we may deduct reasonable compensation for the resulting loss in value. We will inform you of the amount of any deduction before issuing your refund.

Article 8 – Exclusion of the 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:
a. which have been established by the entrepreneur in accordance with the consumer’s specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. who can quickly spoile or age;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities on a certain date or during a certain period;
b. the delivery of which began with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.

Article 9 – 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 due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may 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 bond to fluctuations and the fact that any prices listed are target prices are mentioned in the offer.
Price increases within 3 months of the establishment of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the establishment of the agreement are only allowed if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or
b. 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.
All prices are subject to pressure – and typos. No liability is accepted for the consequences of pressure and typos. In the event of printing and typos, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 10 – 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 and/or government regulations existing on the date of the establishment of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be resent in the original packaging and in mint condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not 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 edited the delivered products himself or had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- The insuity is wholly or partially the result of regulations that the government has or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur. If the delivery person chooses to deliver the package to a delivery location (such as a parcel point), this location is considered a place of delivery. It is the responsibility of the consumer to be aware of this delivery location via the package tracking code.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with appropriate urgency but no later than 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 notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to compensation. If no phone number is entered during checkout (since it’s optional), delivery may be further delayed if the customer does not respond, or responds too late, to requests from customer service to arrange a delivery.
All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period 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 impossible, the entrepreneur will make an effort to make a replacement item available. No later than delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, a representative in advance and notified to the entrepreneur, or at a delivery location (such as a parcel point). If the delivery person chooses to deliver the package to a delivery location or to the consumer’s neighbors, these locations or persons are considered as substitutes for the consumer. The risk of damage and/or loss lies with the consumer from the moment of delivery to these substitutes, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and renewal

Cancellation

The consumer may terminate an agreement that has been entered into for an indefinite period of time and which 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 up to one month.
The consumer can terminate an agreement that has been entered into for a fixed period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of up to one month.
The consumer may agree to the agreements referred to in the preceding paragraphs:

cancel at all times and not be limited to termination at a certain time or in a certain period;
at least cancel in the same way as they were entered into by him;
always cancel with the same notice period that the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a fixed period of time and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement that is entered into for a fixed period of time and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a certain duration of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
An agreement that is entered into for a fixed period of time and which 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 not more than one month and a notice period of up to 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 until the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

8. If a contract 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 not more than one month, unless reasonableness and fairness opposes notice before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6 paragraph In the case of a contract to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
In the event of default by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly defined within 7 days, after the consumer has detected 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved in mutual agreement, a dispute arises that is subject to the dispute settlement.
For complaints, the consumer shall first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. You can check whether this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer is residing abroad.
The Weens Sales Convention does not apply.
To the extent that mandatory national or international law does not provide otherwise and a choice-of-court agreement can validly be made, disputes arising out of or in connection with an agreement to which these general terms and conditions apply shall be submitted exclusively to the District Court of the Northern Netherlands (Rechtbank Noord-Nederland). Proceedings shall, insofar as the applicable case allocation rules permit, be brought at the Groningen location.

Article 16 – Incorrect address, do not pick up at delivery location or refuse delivery

When providing an incorrect address, failing to collect a package at a delivery location (such as a PostNL or DPD parcel point), or refusing a delivery, an order may be returned. In such cases, the entrepreneur reserves the right to charge the customer for any return costs.
This can also happen if the delivery person chooses to deliver the package to a parcel point. The customer is responsible for keeping an eye on the delivery via the parcel tracking code and picking up the package in time. Reporting the failure to receive the parcel tracking code and the timely collection of the package are the responsibility of the customer. Any additional costs resulting from not picking up a package can be charged to the customer.

Model form for withdrawal

To
KRAKEN
De Factorij 18
9363TN Marum
The Netherlands
contact form

— I/We (*) share/share (*) hereby inform you that I/we (*) revoke/revoke our agreement regarding the sale of the following goods/delivery of the following service (*):

— Ordered on (DD-MM-YYYY):

— Order number:

— Received on (DD-MM-YYYY):

— Name/Names of consumer(s)

— Address of consumer(s) :

— IBAN Account Number:

— Signature of consumer(s) (only when this form is submitted on paper)

— Date(DD-MM-YYYY):

(*) Delete what does not apply.