General Terms and Conditions – Kamado-essentials.com
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 – Obligations of the consumer during the reflection period
- Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 – Obligations of the entrepreneur in the event of withdrawal
- Article 10 – Exclusion of right of withdrawal.
- Article 11 – The price
- Article 12 – Performance and additional warranty
- Article 13 – Delivery and execution
- Article 14 – Duration transactions: duration, termination and renewal
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes.
- Article 18 – Additional or different provisions
Article 1 – Definitions.
For the purposes of these terms and conditions, the following definitions shall apply:
- Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the operator or by a third party on the basis of an arrangement between that third party and the operator;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
- Durable data medium: any device – including e-mail – that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer’s ability to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
- Remote Agreement: a contract concluded between the trader and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with respect to his order;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
MDN Trading B.V. trading under Kamado-essentials.com;
Konijnenberg 189, 4825 BC, Breda (no visiting address)
Phone number: x
Email address: email@example.com
Chamber of Commerce number: 85020508
If the entrepreneur’s activity is subject to a relevant licensing regime: the
data on the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was granted;
- a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 – Applicability.
- These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
- If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general 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, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The Agreement
- The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
- If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may – within legal frameworks – inform himself 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 distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The trader will include 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, at the latest upon delivery of the product, service or digital content to the consumer:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- For products:
- Consumers can dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s).
- The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
a. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
b. 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 part;
c. in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.In the case of services and digital content not delivered on a tangible medium:
- Consumers may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s).
- The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
- During the cooling-off period, the consumer will handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The premise here is that the consumer may only handle and inspect the product as he would be permitted to do in a retail store.
- The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the cost of return shipment.
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
- The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
a. he has not expressly agreed, prior to its delivery, to begin performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.
- If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
- If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- For reimbursement, the entrepreneur uses the same means of payment that the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
- If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal.
- The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly with the offer, at least in time for the conclusion of the contract:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service Agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
- Package tours as referred to in Article 7:500 BW and contracts of passenger transport;
- Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
- Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
- Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that after delivery are by their nature irrevocably mixed with other products;
- Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or journals, excluding subscriptions thereto;
- The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the validity period 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.
- Notwithstanding 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 control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- Additional warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Article 13 – Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders for 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.
- Subject to what is stated in Article 4 of these general conditions, the entrepreneur will accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 – Duration transactions: duration, termination and renewal
- The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may enter into the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a particular time or period;
- terminate at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall be at most three months in case the contract extends to the delivery of daily, news and weekly newspapers and magazines regularly, but less than once a month.
- A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
- Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- If the consumer does not timely fulfill his payment obligation(s), he is, after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, on the amount still owed, the consumer owes the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- In any case, the consumer must give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this deadline, a dispute that is amenable to dispute resolution arises.
Article 17 – Disputes.
- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 18 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.